FCC Web Documents citing 0.111
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Fox possess the basic qualifications, including character qualifications, to remain a Commission licensee. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation into the matters described herein is terminated. IT IS FURTHER ORDERED that copies of this order shall be sent by regular first class mail and certified mail - return receipt requested to Molly Pauker, Vice President Corporate and Legal
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NBC possess the basic qualifications, including character qualifications, to remain a Commission licensee. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation into the matters described herein is terminated. IT IS FURTHER ORDERED that copies of this order shall be sent by regular first class mail and certified mail - return receipt requested, to F. William LeBeau, Assistant Secretary and Regulatory
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- prior offenses, ability to pay, and such other matters as justice may require.'' Having considered the record in this case and the statutory factors, we find that the Licensee is apparently liable for a forfeiture in the amount of $4,000. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, that RCK 1 GROUP, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,000 for violating Section 73.1206 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules that within thirty (30) days of the release date of this Notice,
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- ensure that its personnel understand and comply with the requirements of Section 76.1700, and we caution Time Warner that we will not hesitate to subject it to sanctions commensurate with further violations of the cable public file rule. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's rules, that Time Warner Cable is hereby ADMONISHED for its failures to timely make available for inspection its public inspection files on September 13 and 16, 2005, in violation of Section 76.1700 of the Commission's rules. 11. IT IS FURTHER ORDERED that the complaint filed by James Shelton IS GRANTED to the extent indicated herein
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- supported by our precedent. To the extent Gaston College wishes to provide evidence of its history of compliance with FCC rules, or its inability to pay the proposed forfeiture, it may do so in its response to this Order. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's Rules, Gaston College is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000 for willfully violating Section 73.3527 of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within 30 days of the release date of this Notice of Apparent Liability for
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- to character, to hold or obtain any Commission license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the complaint received by, or in the possession of, the Bureau on or around December 22, 2005, alleging violations of the cable public file rule by Bresnan, IS DISMISSED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED
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- amount of $7,000 for the marketing of unauthorized equipment. In this case, we note that The Antique Radio Collector marketed one model of an unauthorized intentional radiator. Accordingly, we find that The Antique Radio Collector is apparently liable for a $7,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Richard Mann d/b/a The Antique Radio Collector IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
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- a downward adjustment of the proposed aggregate forfeiture from $6,500 to $5,200 is warranted because Imperial made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Imperial IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within
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- the Enforcement Bureau (``Norfolk Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $7,000 to TPN. TPN has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, The Paradise Network of North Carolina, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for violation of Sections 17.57 and 73.1745(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- Enforcement Bureau (``New Orleans Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Ace. Ace has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ace Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release of this Order. If the
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- documents provided by KM TV. While we cancel the proposed forfeiture, we admonish KM TV for its willful and repeated violation of the public inspection file rule as set forth in Section 73.3526 of the Commission's Rules. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, that the proposed forfeiture in the amount of ten thousand dollars ($10,000) issued to KM Television of Flagstaff, L.L.C, licensee of KCFG(TV), Flagstaff, Arizona, in the March 20, 2006 Notice of Apparent Liability for willful and repeated violations of Sections 73.3526 of the Rules IS CANCELLED. IT IS FURTHER ORDERED that KM Television
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- based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that neither reduction nor cancellation of the proposed $14,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Charles E. Vance, III d/b/a CB Candy Electronics IS LIABLE FOR A MONETARY FORFEITURE in the amount of $14,000 for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803(a)(1) and 2.815(c) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Community willfully and repeatedly violated Sections 73.1350(a) and 73.3526 of the Rules and that no reduction of the proposed $11,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Community Broadcast Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $11,000 for violation of Sections 73.1350(a) and 73.3526 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Amp'd Mobile, Inc. apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Amp'd Mobile, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
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- that KLM has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find KLM apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, KLM IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within
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- Cellular has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Easterbrooke Cellular apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Easterbrooke Cellular Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
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- that CTC has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find CTC apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, CTC Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
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- apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Shoreham Telephone Company, Inc. apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Shoreham Telephone Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the
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- that PriorityOne has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find PriorityOne apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, PriorityOne IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within
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- has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain an adequate compliance statement in accordance with the rule. We find Oneida apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Oneida County Rural Telephone Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of
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- provide the information and documents the Bureau directed it to provide. Accordingly, a proposed forfeiture is warranted against 1st United Tel-Com, Inc. for its apparent willful or repeated violations of our directive. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, 1st UNITED TEL-COM, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond fully to the Bureau's Letter of Inquiry. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release date of this
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- failing to provide the information and documents the Bureau directed it to provide. Accordingly, a proposed forfeiture is warranted against Burke's Garden for its apparent willful or repeated violations of our directive. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, BURKE'S GARDEN TELEPHONE COMPANY, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond fully to the Bureau's Letter of Inquiry. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release date of
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- and documents the Bureau directed it to provide. Accordingly, a proposed forfeiture is warranted against Connect Paging, Inc. d/b/a Get A Phone for its apparent willful or repeated violations of our directive. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, CONNECT PAGING, INC. D/B/A GET A PHONE IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond fully to the Bureau's Letter of Inquiry. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release
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- to provide the information and documents the Bureau directed it to provide. Accordingly, a proposed forfeiture is warranted against Habla Communicaciones, Inc. for its apparent willful or repeated violations of our directive. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, HABLA COMMUNICACIONES, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond fully to the Bureau's Letter of Inquiry. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE
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- and documents the Bureau directed it to provide. Accordingly, a proposed forfeiture is warranted against Manning Municipal Communications and Television System Utilities for its apparent willful or repeated violations of our directive. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, MANNING MUNICIPAL COMMUNICATIONS AND TELEVISION SYSTEM UTILITIES IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond fully to the Bureau's Letter of Inquiry. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release
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- failing to provide the information and documents the Bureau directed it to provide. Accordingly, a proposed forfeiture is warranted against PhoneCo LP for its apparent willful or repeated violations of our directive. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, PHONECO, LP IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond fully to the Bureau's Letter of Inquiry. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF
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- 2006 - approximately six months - to notify Commission staff and seek authority to operate the station. Under the circumstances, and consistent with precedent, we find that no reduction of the proposed forfeiture for voluntary disclosure or good faith efforts to comply is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Mitchell Electric IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred dollars ($7,500) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,
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- of our review, we conclude that Macerich willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $3,200 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Macerich - Santa Monica Place IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for willfully and repeatedly violating Section 1.903(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- find, however, that a downward adjustment of the proposed forfeiture from $13,000 to $10,400 is warranted because DirecTV made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, DirecTV IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of ten thousand, four hundred dollars ($10,400) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty
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- result of our review, we conclude that Lam repeatedly violated Section 87.193 of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the $2,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Grant Lam IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for repeatedly violating Section 87.193 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not
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- NAL on June 30, 2006 (``Response''). Based on our review of Amaturo's Response and the record, we find that Amaturo did not willfully and repeatedly violate Section 73.1125(a) of the Rules. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, that the proposed forfeiture in the amount of seven thousand dollars ($7,000) issued to Amaturo Group of L.A., Ltd., in the May 31, 2006, Notice of Apparent Liability for willful and repeated violations of Section 73.1125(a) of the Rules IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be
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- those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the Enforcement Bureau's investigation. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS TERMINATED. IT IS FURTHER ORDERED that T-Mobile USA, Inc. will make a voluntary contribution to the United States Treasury in the amount of seventy-five thousand dollars ($75,000) within 30 calendar days after the Effective Date of
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- rule violation. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $6,400 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Una Vez Mas Las Vegas License, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,400 for willfully and repeatedly violating Section 73.3526 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that neither reduction nor cancellation of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Entravision Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for repeatedly violating Section 303(q) of the Act and Section 17.23 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- Bureau (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Charles. Mr. Charles has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Junior Lahens Charles IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Parker willfully and repeatedly violated Section 301 of the Act and that no reduction of the proposed $10,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Parker Construction, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- a downward adjustment of the proposed aggregate forfeiture from $10,500 to $9,200 is warranted because GGP made voluntary disclosures to Commission staff concerning its late-filed license renewal and unauthorized operation and undertook corrective actions prior to any Commission inquiry or initiation of enforcement action. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, General Growth Properties IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $9,200 for willful and repeated violation of Section 301 of the Act and Sections 1.903 and 1.949(a) of the Rules and for willful and repeated failure to respond to a Bureau order. IT IS FURTHER ORDERED that, pursuant
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- however, that a downward adjustment of the proposed forfeiture from $26,000 to $20,800 is warranted because CLP made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Cooperative Light & Power IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty thousand, eight hundred dollars ($20,800) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
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- a reduction of the forfeiture amount from $10,000 to $1,500 is appropriate. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act and Section 1.106 of the Rules, Mr. Spiry's petition for reconsideration IS GRANTED to the extent set forth above. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Mr. Spiry IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for willful and repeated violation of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- the Enforcement Bureau (``Dallas Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Unique. Unique has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Unique Broadcasting, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- (``San Juan Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to A Radio. A Radio has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, A Radio Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for violation of Section 73.3526 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- of the proposed aggregate forfeiture from $10,500 to $9,200 is warranted because RSDC made voluntary disclosures to Commission staff concerning its failure to file a timely license renewal application and undertook corrective actions prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, RSDC of Michigan, LLC IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $9,200 for willful and repeated violation of Section 301 of the Act and Sections 1.903 and 1.949(a) of the Rules and for willful and repeated failure to respond to a Bureau order. IT IS FURTHER ORDERED that,
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- that Mr. Abreu willfully and repeatedly violated Section 301 of the Act. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $500 is appropriate based on Mr. Abreu's demonstrated inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Oreste Abreu IS LIABLE FOR A MONETARY FORFEITURE in the amount of five hundred dollars ($500) for violation of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- to character, to hold or obtain any Commission license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the complaint received by, or in the possession of, the Bureau on or around May 30, 2006, alleging false certifications in VTG's applications for licenses to cover the construction permits for the above-captioned deleted low power television stations and violations of the Commission's
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- adjustment of the proposed forfeiture from $6,500 to $5,200 is warranted because JSMC made voluntary disclosures to Commission staff through its request for STA and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Jennie Stuart Medical Center IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of five thousand, two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
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- sole unpaid forfeiture penalty that was imposed during this period shortly after July 9, 2006. IV. Ordering clauses Accordingly, this report is issued pursuant to the Junk Fax Prevention Act of 2005, Pub. L. No. 109-21, 119 Stat. 359, and section 227 of the Communications Act of 1934, as amended, 47 U.S.C. § 227, and under authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311. IT IS ORDERED that the Secretary SHALL SEND copies of this report to the appropriate committees and subcommittees of the United States House of Representatives and the United States Senate. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Junk Fax Prevention Act of 2005, Pub. L. No. 109-21,
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- resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 5. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Motion is GRANTED, the Complaint is DISMISSED with prejudice, and this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division 47 U.S.C. § 208. AT&T Corp. v. BellSouth Telecommunications, Inc., Memorandum Opinion and Order, 19 FCC Rcd 23898 (2004). BellSouth Telecommunications, Inc.
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- Bureau (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Pierre-Francois. Mr. Pierre-Francois has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jean-Harry Pierre-Francois IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Wilson willfully and repeatedly violated Section 73.3526 of the Rules and that no reduction of the proposed $12,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Wilson Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Section 73.3526 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- examined Siga Broadcasting's response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that no reduction of the proposed $21,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Siga Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for violations of Sections 17.51(a), 73.49, and 73.1745(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- whether TNL possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS TERMINATED. IT IS FURTHER ORDERED that TNL shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at (202) 418-1995, or
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- alone is not sufficient to demonstrate an inability to pay. Hare Planting has provided no specific financial information or evidence of financial hardship and, therefore, we are unable to determine whether a reduction based on inability to pay is warranted in this instance. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Hare Planting, IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand two hundred dollars ($5,200) for violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- Commission's New York Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Rankine. Rankine has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Kacy Rankine IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the
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- Commission's New York Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Simpson. Simpson has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Elroy Simpson IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the
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- of our review, we conclude that HRN willfully and repeatedly violated Sections 73.1745(a) and 73.3526 of the Rules and that a reduction of the proposed forfeiture to $11,200 is warranted based on HRN's history of compliance with the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, HRN Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand two hundred dollars ($11,200) for violations of Sections 73.1745(a) and 73.3526 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- examined Mr. Roberts' response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that no reduction of the proposed $10,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Marcus A. Roberts IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- we conclude that Fed Ex willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $4,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Federal Express Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- repeatedly violated Section 73.49 of the Rules, based upon their inability to pay, we conclude that pursuant to Section 503(b) of the Act and the Forfeiture Policy Statement, reduction of the $7,000 forfeiture to $500 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Albino Ortega and Maria Juarez , ARE LIABLE FOR A MONETARY FORFEITURE in the amount of $500 for willfully and repeatedly violating Section 73.49 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.1401-1.1418, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Motion to Dismiss, File No. EB-06-MD-008 (filed Apr. 25, 2007) (``Motion''). Complaint, File No. EB-06-MD-008 (filed July 21, 2006) (``Complaint''). 47 U.S.C.
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- however, that a downward adjustment of the proposed aggregate forfeiture from $6,500 to $5,200 is warranted because Doss made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Doss IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand, two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within
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- that federal case law supports Network's request for a stay absent a pledge of security for the full judgment amount. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §1.720-1.736, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Network's Motion to Stay the Damages Order IS DENIED, and IT IS FURTHER ORDERED that Network's Motion for Leave to File a Reply IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau APCC Services, Inc. v. NetworkIP, LLC and Network Enhanced Services,
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- notify Commission staff and come into compliance with our rules after learning of the violation. Under the circumstances, and consistent with precedent, we find that no reduction of the proposed forfeiture for voluntary disclosure or good faith efforts to comply is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Kimberly Clark IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty
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- the Commission prior to its construction. The Commission has long held that a downward adjustment of an assessed forfeiture is not justified where violators claim their actions or omissions were due to inadvertent errors or unfamiliarity with the statutory or regulatory requirements. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Telcom Rentals, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willfully and repeatedly violating Section 17.4(a)(1) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this Notice of
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- York Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to New Relampago. New Relampago has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, New Relampago Car Service Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this
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- Commission's New York Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mobile. Mobile has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Mobile Car Service, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order.
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- violated Section 90.403(a)(2) of the Rules and that a forfeiture of four thousand dollars ($4,000) is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act and Section 1.106 of the Rules, the Petition for Reconsideration IS DENIED. 9. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Mr. Joslyn Gordon, as owner of Rescue Car Service, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willful and repeated violation of Section 90.403(a)(2) of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- repeatedly violated Section 11.35(a) of the Rules, based upon its inability to pay, we conclude that pursuant to Section 503(b) of the Act and the Forfeiture Policy Statement, reduction of the $8,000 forfeiture to $250 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Gla-Mar Broadcasting, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $250 for willfully and repeatedly violating Section 11.35(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- to $4,200. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $4,200 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Sandhill Media Group, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,200 for repeatedly violating Section 73.49 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- to $5,600. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $5,600 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, HTV/HTN/Hawaiian TV Network, Ltd., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,600 for willfully and repeatedly violating Section 73.1125(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- do find, however, that a downward adjustment of the proposed forfeiture from $6,500 to $5,200 is warranted because Sakaida made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations prior to any Commission inquiry or initiation of enforcement action. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Ted Sakaida & Sons Trucking IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand, two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80
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- range that has been found acceptable. Accordingly, we reject Playa del Sol's claim of inability to pay. III. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act and Section 1.106 of the Rules, Playa del Sol's petition for reconsideration IS DENIED. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Playa del Sol IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,000 for willfully and repeatedly violating Sections 11.25, 11.61, and 73.1125 of the Rules. 6. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- of Burke's Garden's Response and the record, we find that Burke's Garden did not willfully and repeatedly violate a Commission order by failing to respond to a directive of the Bureau. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of four thousand dollars ($4,000) issued to Burke's Garden Telephone Company, Inc., in the March 30, 2007, Notice of Apparent Liability for Forfeiture for willful and repeated violations of a Commission order IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall
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- have examined M.R.S.' response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that no reduction of the proposed $7,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, M.R.S. Ventures, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether BHP possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above captioned matter IS TERMINATED. IT IS FURTHER ORDERED that copies of this Order shall be sent by regular first class mail and certified mail - return receipt requested, to Broadcast House of the Pacific, at its address of record. FEDERAL COMMUNICATIONS
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- of the Rules. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that no reduction of the proposed forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Multicultural Radio Broadcasting, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for repeatedly violating Section 303(q) of the Act and Section 17.51 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- this argument. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $3,200 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Gold Coast Radio, LLC , IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for repeatedly violating Section 73.1560(b) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- factors listed above, we find that reduction of the proposed forfeiture is warranted, given Payne's demonstrated inability to pay. Accordingly, the forfeiture amount is reduced from ten thousand dollars ($10,000) to seven hundred and fifty dollars ($750). IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Donald J. Payne IS LIABLE FOR A MONETARY FORFEITURE in the amount of $750 for willfully and repeatedly violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources by the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.1401-1.1418, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Joint Motion For Dismissal With Prejudice, File No. EB-06-MD-001 (filed May 31, 2007) (``Motion''). Complaint, File No. EB-06-MD-001 (filed Jan. 6, 2006)
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- Bureau (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to L4 Media. L4 Media has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, L4 Media Group, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for violation of Section 11.35 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- Bureau (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $7,000 to Mr. Konarz. Mr. Konarz has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jason Konarz IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for violation of Section 73.49 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Simmons possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the Bureau's investigation in this proceeding IS TERMINATED. IT IS FURTHER ORDERED that Simmons-Austin, LS, LLC shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument, payable
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- by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by approving the Consent Decree and terminating the forfeiture proceeding. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the forfeiture proceeding against Carnival IS TERMINATED. IT IS FURTHER ORDERED that Carnival Cruise Lines Inc. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument, payable
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- to $3,200. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $3,200 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Rosario Del Talpa, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for willfully and repeatedly violating Section 73.1350(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- to $2,400. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $2,400 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, KITZ Radio, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,400 for willfully and repeatedly violating Section 73.3526 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- to $2,400. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $2,400 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, KITZ Radio, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,400 for willfully and repeatedly violating Section 73.3526 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- whether TSI possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS TERMINATED. IT IS FURTHER ORDERED that TSI shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at (202)
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- least one unsolicited advertisement to the consumer identified herein. We have further determined that Global QA Corp. is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Global QA Corp. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- consumers identified in the Appendix. We have further determined that Tri-State Printer & Copier Supply Co., Inc. is apparently liable for a forfeiture in the amount of $9,000. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Tri-State Printer & Copier Supply Co., Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000 (nine thousand dollars) for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47
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- your July 28, 2006 guilty plea and subsequent conviction of two counts of mail fraud. United States v. Scott A. Federowicz, Criminal Docket No. 3:06-CR-06-222 (RNC), Plea Agreement (D.Conn. filed and entered Jul. 28, 2006); United States v. Scott A. Federowicz, 3:06-CR-06-222 (RNC), Judgment (D.Conn. filed and entered May 9, 2007) (``Federowicz Judgment''). 47 C.F.R. § 54.521; 47 C.F.R. § 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. § 54.521). Second Report and Order, 18 FCC Rcd at 9225, ļ 66. The Commission's debarment rules define a ``person'' as ``[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however, organized.'' 47 C.F.R. § 54.521(a)(6). See
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- advertisement to the consumer identified in the Appendix. We have further determined that New England Industrial Roofing is apparently liable for a forfeiture in the amount of $10,000.00. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that New England Industrial Roofing is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000.00 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related
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- five unsolicited advertisements to the four consumers identified in the Appendix. We have further determined that Infasource.com is apparently liable for a forfeiture in the amount of $22,500.00. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Infasource.com is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $22,500.00 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders described in
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- basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigatory proceeding IS TERMINATED. IT IS FURTHER ORDERED that Scientific Games shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at (202) 418-1995,
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- authorization requirements evinces a pattern of intentional non-compliance with and disregard for these rules. Accordingly, we find that an upward adjustment of $11,000 over the $14,000 base forfeiture amount is warranted. We conclude that RMR is apparently liable for a $25,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Rocky Mountain Radio IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803, 15.205 and 15.209 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty
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- an aggregate forfeiture of $10,500 for Yellow Cab's apparent willful and repeated violations of Section 301 of the Act and Sections 1.903 and 1.949(a) of the Rules and Yellow Cab's apparent willful and repeated failure to respond to Bureau inquiries concerning its PLMRS license. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Yellow Cab Leasing, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $10,500 for willful and repeated violation of Section 301 of the Act and Sections 1.903 and 1.949(a) of the Rules and for willful and repeated failure to respond to a Bureau order. IT IS FURTHER ORDERED that,
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- Consent Decree is attached hereto. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by section 0.111 and 0.311 of the Commission's Rules, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau 47 U.S.C. § 310(d). 47 U.S.C. § 154(i). 47 C.F.R. §§ 0.111, 0.311. Federal Communications Commission DA 07-3095 DRAFT Federal Communications Commission DA 05-XXX Ū > ? c
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- to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation or reduction of the $7,000 forfeiture proposed for this violation. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Donald Winton IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 95.426(a) of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- the Enforcement Bureau (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Brenau. Brenau has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Brenau University Network IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for violation of Section 73.3527 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- Bureau (``Houston Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. McCollum. Mr. McCollum has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Michael Thomas McCollum IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Mechanicsville Telephone Company apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, MECHANICHVILLE TELEPHONE COMPANY IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
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- unsolicited advertisements to the three consumers identified in the Appendix. We have further determined that CyberData, Inc. is apparently liable for a forfeiture in the amount of $13,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that CyberData, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $13,500 (thirteen thousand, five hundred dollars) for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3),
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- violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Audio-Video Corporation d/b/a A-1 Communications apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, AUDIO-VIDEO CORPORATION D/B/A A-1 COMMUNICATIONS IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of
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- advertisements to the five consumers identified in the Appendix. We have further determined that Troescher Typing Service is apparently liable for a forfeiture in the amount of $22,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Troescher Typing Service is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $22,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- the 3 consumers identified in the Appendix. We have further determined that ESpeed Mortgage Dot Com, LLC is apparently liable for a forfeiture in the amount of $13,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that ESpeed Mortgage Dot Com, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $13,500 (thirteen thousand five hundred dollars) for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47
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- unsolicited advertisement to the consumer identified in the Appendix. We have further determined that Aras Marketing, Inc. is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Aras Marketing, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- Such action could take the form of higher monetary forfeitures and/or possible revocation of ITE's operating authority, including disqualification of ITE's principals from the provision of any interstate common carrier services without the prior consent of the Commission. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Commission's rules, that International Telecom Exchange, Inc. and International Telecom Exchange Group, Inc. SHALL FORFEIT to the United States government the sum of $28,062 for willfully and repeatedly violating the Commission's rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Mr. Smallwood willfully violated Sections 11.35 and 73.3526 of the Rules and that no reduction of the proposed $7,000 forfeiture is warranted. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ora Roberts Smallwood, III IS LIABLE FOR A MONETARY FORFEITURE in the amount of eighteen thousand dollars ($18,000) for willfully violating Sections 11.35 and 73.3526 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigations. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Act and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigatory proceedings ARE TERMINATED. IT IS FURTHER ORDERED that the Ramcell Licensees shall make their voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at
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- certified mail was signed for by a company employee. Additionally, the Company has not provided adequate justification to merit a reduction of the forfeiture amount. After fully considering the facts and circumstances described herein, we believe the forfeiture of $4,000 is warranted in this case. 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 180(f)(4) of the Rules, Connect Paging, Inc. d/b/a Get A Phone IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 503 of the Act and Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the forfeiture is not paid within
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- A Phone has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Connect apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Connect Paging, Inc. d/b/a Get A Phone IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section
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- the competency of legal counsel or because of the mismanagement of its affairs during a period of transition does not serve the public interest. Thus, after fully considering the facts and circumstances described herein, we believe the forfeiture of $4,000 is warranted in this case. 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 180(f)(4) of the Rules, PhoneCo, LP IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 503 of the Act and Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the forfeiture is not paid within the period specified, the case
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- apparently violated Section 64.2009(e) of the Commission's rules by failing to maintain an adequate CPNI compliance certificate in accordance with the rule. We find Capital Telecommunications, Inc. apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, CAPITAL TELECOMMUNICATIONS, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
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- issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Emile. Emile has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Marcel Emile IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the
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- radar jamming devices. On January 31, 2007, the Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $25,000 to RMR. RMR has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Rocky Mountain Radar IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803, 15.205 and 15.209 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- stead than a pirate broadcaster who lacks prior authority, and thus downwardly adjust the $10,000 base forfeiture amount accordingly. Thus, we propose an aggregate forfeiture of eight thousand dollars ($8,000) ($3,000 for failure to timely file a renewal application and $5,000 for unauthorized operations). ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Hmong American Community, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 301 of the Act and Section 73.3539 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of
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- the Forfeiture Order. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, M.R.S. Ventures, Inc.'s petition for reconsideration of the June 8, 2007 Forfeiture Order IS hereby DENIED. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, M.R.S. Ventures, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules. Payment of the $7,000 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- those related to character, to hold or obtain any Commission license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the Bureau's investigation in this proceeding IS TERMINATED. IT IS FURTHER ORDERED that 127, Inc. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument, payable to
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- the Forfeiture Order. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, Wilson Broadcasting, Inc.'s petition for reconsideration of the April 23, 2007 Forfeiture Order IS hereby DENIED. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Wilson Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Section 73.3526 of the Rules. Payment of the $12,000 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- it corrected the internal communications problem that resulted in its failure to respond to the Division's letters of inquiry. Although GGP's corrective measures are commendable, it is well-settled that subsequent remedial actions undertaken by a licensee neither excuse nor nullify a licensee's rule violation. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, GGP, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand, four hundred dollars ($8,400) for willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules, and for willful and repeated failure to respond to Bureau directives. Payment of the forfeiture shall be
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- to $17,000, based upon the fact that Walgreens has a history of compliance with the Commission's rules and that it voluntarily disclosed the violations to Commission staff after learning of its violations prior to any Commission inquiry or initiation of enforcement action. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Walgreen Co. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for its apparent willful and repeated violations of Section 301 of the Act and Sections 25.102(a), 25.117(a), and 25.118(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
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- has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find River City Wireless apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, River City Wireless IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
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- must consider Clear Channel's exceptional size and ability to pay a forfeiture. Therefore, based upon the facts and circumstances presented here, we find that Citicasters is apparently liable in the amount of $10,000 for violating the telephone broadcast rule. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Citicasters Licenses, L.P. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 73.1206 of the Commission's Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of
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- Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, A Radio, Inc.'s petition for reconsideration of the November 3, 2006 Forfeiture Order IS hereby GRANTED IN PART and DENIED IN PART. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, A Radio, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violation of Sections 73.49, 73.1350(a), and 73.3526 of the Rules. Payment of the $14,000 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- Section 17.57 of the Rules and willfully violated Section 73.3526 of the Rules. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $3,500 is appropriate based on Flagship's demonstrated inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Flagship Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand five hundred dollars ($3,500) for violation of Sections 17.57 and 73.3526 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- permitted to retain his amateur radio authorization. Consequently, we will commence a hearing proceeding before an administrative law judge to provide Mr. Titus with an opportunity to demonstrate why his above-captioned license should not be revoked. IV. ORDERING CLAUSES ACCORDINGLY, pursuant to Sections 312(a) and (c) of the Communications Act of 1934, as amended, and authority delegated pursuant to Sections 0.111, 0.311, and 1.91(a), of the Commission's rules, David L. Titus is hereby ORDERED TO SHOW CAUSE why his authorization for Amateur Radio Station KB7ILD SHOULD NOT BE REVOKED in a proceeding before an administrative law judge, at a time and place to be specified in a subsequent order, upon the following issues: (a) to determine the effect of David L.
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- to $6,400. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $6,400 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, One Mart Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,400 for willfully and repeatedly violating Section 11.35 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- the Enforcement Bureau (``Norfolk Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Wise. Wise has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Radio Wise, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for violation of Section 73.3526 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- rule violation. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that no reduction of the proposed $8,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Broadcast Entertainment Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating Section 73.3526 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture from $4,000 to $2,000 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Larson-Wynn, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for willfully and repeatedly violating Section 73.1350(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- repeatedly violated Section 73.49 of the Rules, based upon its inability to pay, we conclude that pursuant to Section 503(b) of the Act and the Forfeiture Policy Statement, further reduction of the forfeiture to $2,800 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Pereira Broadcasting, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,800 for repeatedly violating Section 73.49 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not
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- to $6,400. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $6,400 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Three Angels Broadcasting Network, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,400 for repeatedly violating Section 11.35(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- Forfeiture Order. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, Delta Radio Greenville, LLC's petition for reconsideration of the October 1, 2004 Forfeiture Order IS hereby DENIED. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Delta Radio Greenville, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Sections 11.35 and 73.49 of the Rules. Payment of the $12,000 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, Donald Winton's petition for reconsideration of the July 12, 2007 Forfeiture Order IS hereby DENIED IN PART and GRANTED IN PART. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Donald Winton IS LIABLE FOR A MONETARY FORFEITURE in the amount of two hundred and twenty-five dollars ($225) for violation of Section 95.426(a) of the Rules. Payment of the $225 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- Section 503(b)(2)(D) of the Act, 47 U.S.C. § 503(b)(2)(D), and the Forfeiture Policy Statement, we believe a $4,000 forfeiture is appropriate in this case, which represents the base amount for the cablecast transmitted by CN8 on September 21, 2006. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Comcast Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Four Thousand Dollars ($4,000) for willfully violating Section 76.1615 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days of the release of this Notice, Comcast Corporation SHALL
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- Ms. Lee is unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Calvin B. Kurimai, Esq., Assistant United States Attorney Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) See 47 C.F.R. §§ 0.111(a)(14), 54.521. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Scott A. Federowicz, Notice of Suspension and Initiation of Debarment Proceedings, 22 FCC Rcd 11569 (Inv. & Hearings Div., Enf. Bur. 2007) (Attachment 1). 72 Fed. Reg. 39425 (Jul. 18, 2007). See Notice of Suspension, 22 FCC Rcd at 11571. See 47
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- of our review, we conclude that MRA willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $3,200 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Mobile Relay Associates IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for willfully and repeatedly violating Section 1.903(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- to $6,400. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $6,400 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Chula Vista Cable, Ltd., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,400 for repeatedly violating Section 11.35 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- to $5,600. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $5,600 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Puget Sound Educational TV, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,600 for willfully and repeatedly violating Section 73.1125(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- of three counts of mail fraud. United States v. Richard E. Brown, Criminal Docket No. 3:07-CR-29 (RNC), Plea Agreement (D.Conn. filed Feb. 13, 2007 and entered Feb. 14, 2007) (``Brown Plea Agreement''); United States v. Richard E. Brown, 3:07-CR-29 (RNC), Judgment (D.Conn. filed Sept. 6, 2007 and entered Sept. 7, 2007) (``Brown Judgment''). 47 C.F.R. § 54.521; 47 C.F.R. § 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. § 54.521). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225, ļ 66 (2003) (``Second Report and Order''). The Commission's debarment rules define a ``person'' as ``[a]ny individual,
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- for the station. On March 15, 2007, the Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $5,200 to Imperial. Imperial has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Imperial Sugar Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand two hundred dollars ($5,200) for willfully and repeatedly violating Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
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- forfeiture amount of $4,000 for each of the four apparent violations of Section 76.1615. Consequently, we propose a forfeiture in the amount of $16,000 for the cablecasts transmitted by CN8 on September 26 and 28, and October 3, 2006. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Comcast Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Sixteen Thousand Dollars ($16,000) for willfully and repeatedly violating Section 76.1615 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days of the release of this Notice, Comcast
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- unsolicited advertisements to the three consumers identified in the Appendix. We have further determined that Venali, Inc. is apparently liable for a forfeiture in the amount of $18,000. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Venali, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $18,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders described
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- to the two consumers identified in the Appendix. We have further determined that Red Rose International is apparently liable for a forfeiture in the amount of $20,000. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Red Rose International is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $20,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- our review, we find no basis for cancellation or reduction of the $4,000 forfeiture proposed for this violation. However, as Unique has already paid $400 of the $4,000 proposed forfeiture, we issue a forfeiture in the amount of $3,600. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Unique Broadcasting, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand six hundred dollars ($3,600) for willfully and repeatedly violating Section 308(b) of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- advertisements to the three consumers identified in the Appendix. We have further determined that Mario's Roofing, Inc. is apparently liable for a forfeiture in the amount of $13,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Mario's Roofing is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $13,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders described
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- advertisement to the one consumer identified in the Appendix. We have further determined that Alliance Capital Corporation is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Alliance Capital Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- subsequent conviction of conspiracy to defraud the United States. United States v. Evelyn Myers Scott, Criminal Docket No. 1:07-CR-139-CC-02, Plea Agreement (N.D.Ga. filed May 2, 2007 and entered May 7, 2007) (``Myers Scott Plea Agreement''); United States v. Evelyn Myers Scott, 1:07-CR-139-CC-02, Judgment (N.D.Ga. filed and entered Oct. 2, 2007) (``Myers Scott Judgment''). 47 C.F.R. § 54.521; 47 C.F.R. § 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. § 54.521). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225, ļ 66 (2003) (``Second Report and Order''). The Commission's debarment rules define a ``person'' as ``[a]ny individual,
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- conspiracy to defraud the United States and one count of bribery. United States v. Arthur R. Scott, Criminal Docket No. 1:07-CR-139-CC-01, Plea Agreement (N.D.Ga. filed May 2, 2007 and entered May 7, 2007) (``Scott Plea Agreement''); United States v. Arthur R. Scott, 1:07-CR-139-CC-01, Judgment (N.D.Ga. filed and entered Oct. 2, 2007) (``Scott Judgment''). 47 C.F.R. § 54.521; 47 C.F.R. § 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. § 54.521). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225, ļ 66 (2003) (``Second Report and Order''). The Commission's debarment rules define a ``person'' as ``[a]ny individual,
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- action, the company failed to take immediate action to notify Commission staff after learning of the unauthorized operation. Under the circumstances, and consistent with precedent, we find that no reduction of the proposed forfeiture for good faith efforts to comply is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Five Star IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand, five hundred dollars ($6,500) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,
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- marketing of unauthorized equipment. In this case, we note that MRC marketed one model of uncertified 4.9 GHz aeronautical transmitting equipment. We, therefore, find it appropriate and consistent with precedent to propose a forfeiture of $7,000 for MRC's marketing of uncertified equipment. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Microwave Radio Communications LLC IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803(a)(1) and 90.203 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty
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- the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Act and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigatory proceeding IS TERMINATED. IT IS FURTHER ORDERED that Alltel shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at (202) 418-1995,
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- issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Eagle West. Despite repeated contacts by the San Diego Office, Eagle West has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Eagle West Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating Section 11.35 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- Angeles Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $14,000 to Kaltenbach. Despite repeated contacts by the Los Angeles Office, Kaltenbach has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jason Kaltenbach d/b/a Metamerchant, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $14,000 for willfully and repeatedly violating of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. NOS shall make its voluntary contribution to the United States Treasury by mailing payment by check or money order to Forfeiture Collection Section, Finance Branch, Federal Communications Commission, P.O. Box 358340, Pittsburgh, Pennsylvania 15251. Payment by overnight mail may be sent to Mellon Client Service Center, 500
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- income to purchase medication and medical supplies and that he is disabled and lives on a fixed income. We note that Low Power Radio will have an opportunity to present documentation concerning its ability to pay the proposed forfeiture in response to the NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Liam Patrick Ryan d/b/a L.P. Ryan / Low Power Radio IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
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- Commission's New York Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $17,000 to Diaz. Diaz has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jairo Diaz IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully and repeatedly violating Sections 301 and 303(n) of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order.
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- advertisements to the two consumers identified in the Appendix. We have further determined that Troescher Typing Service is apparently liable for a forfeiture in the amount of $9,000. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Troescher Typing Service is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- information and documents. On April 12, 2007, the Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $9,200 to RSDC. RSDC has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, RSDC of Michigan, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of nine thousand, two hundred dollars ($9,200) for willfully and repeatedly violating Section 301 of the Act and Sections 1.903 and 1.949(a) of the Rules and for willfully and repeatedly failing to respond to a Bureau order. Payment of the forfeiture
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- information. On July 10, 2007, the Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,500 to Yellow Cab. Yellow Cab has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Yellow Cab Leasing, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand, five hundred dollars ($10,500) for willfully and repeatedly violating Section 301 of the Act and Sections 1.903 and 1.949(a) of the Rules and for willfully and repeatedly failing to respond to a Bureau order. Payment of the forfeiture
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- registered their telephone numbers on the National Do-Not-Call registry. We have further determined that See Through Windows is apparently liable for a forfeiture in the amount of $20,000. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that See Through Windows is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $20,000 for willful or repeated violations of section 64.1200(c)(2) of the Commission's rules, 47 C.F.R. § 64.1200(c)(2), and the related orders described in the paragraphs above. 12. IT IS FURTHER ORDERED
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- for hearing. Consequently, we hereby designate the matter for hearing before a Commission administrative law judge to provide Mr. Keeney with an opportunity to demonstrate why his license should not be revoked. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 312(a) and (c) of the Communications Act of 1934, as amended, and authority delegated pursuant to Sections 0.111, 0.311, and 1.91(a), of the Commission's rules, Lonnie L. Keeney is hereby ORDERED TO SHOW CAUSE why his authorization for Amateur Radio License KB9RFO should not be revoked. Lonnie L. Keeney shall appear before an administrative law judge at a time and place to be specified in a subsequent order and provide evidence upon the following issues: (a) to determine
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- of ROBERT D. LANDIS Amateur Radio Operator and Licensee of Amateur Radio Station N6FRV ) ) ) ) ) ) EB Docket No. 06-149 File No. EB-05-IH-0973 ORDER OF REVOCATION Adopted: November 20, 2007 Released: November 20, 2007 By the Chief, Enforcement Bureau: I. introduction By this Order of Revocation, pursuant to authority delegated to the Enforcement Bureau under Section 0.111(a)(17) of the Commission's Rules, we revoke the captioned Amateur license held by Robert D. Landis. Based on the evidence of his convictions for child molestation, we conclude that Mr. Landis lacks the basic requisite character qualifications to be and remain a Commission licensee. II. background On August 1, 2006, the Commission, by the Chief, Enforcement Bureau, designated this case for
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- affirm the forfeiture calculation and methodology set forth in the NAL. Applying the factors set forth in Section 1.80 and Section 503(b)(2)(D) of the Act to the instant case, we conclude that Spectracom is liable for a $12,000 forfeiture. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's Rules, Spectracom, LLC SHALL FORFEIT to the United States government the sum of $12,000 for willfully violating Section 1.948 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release of this Forfeiture Order. If the forfeiture
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- to warrant a reduction of the forfeiture penalty proposed in the NAL. For these reasons, we hereby impose a forfeiture of $17,500 for C5 Communication's violations of Section 1.17 of the Commission's rules, as set forth in the NAL. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's Rules, C5 Communications, LLC SHALL FORFEIT to the United States government the sum of $17,500 for willfully violating Section 1.17 of the Commission's rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release of this Forfeiture Order. If
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- including those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the enforcement proceeding. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 503(b) of the Act, and the authority delegated by Sections 0.111 and 0.311 of Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned enforcement proceeding IS TERMINATED. IT IS FURTHER ORDERED that Doss shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at (202) 418-1995,
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- no substantial and material questions of fact in regard to the above-referenced investigation as to whether CBS and KUTV possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the objections to the renewal application of Station KUTV(TV) received by, or in the possession of, the Media Bureau on or around August 28, 2006, as well as any other similar pleadings filed against stations licensed to any subsidiaries of CBS, alleging violation
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- violated the referenced sections of the Act and Rules, that the proposed forfeiture in the amount of seven thousand dollars ($7,000) is appropriate, and that Antique Radio Collector has not demonstrated that a reduction or cancellation of the proposed forfeiture is warranted. IV. ordering Clauses 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Richard Mann d/b/a The Antique Radio Collector IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80
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- Ms. Lee is unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Calvin B. Kurimai, Esq., Assistant United States Attorney Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) See 47 C.F.R. §§ 0.111(a)(14), 54.521. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Scott A. Federowicz, Notice of Suspension and Initiation of Debarment Proceedings, 22 FCC Rcd 17341 (Inv. & Hearings Div., Enf. Bur. 2007) (Attachment 1). 72 Fed. Reg. 57574 (October 10, 2007). See Notice of Suspension, 22 FCC Rcd at 17343. See 47
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- Inc. has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Dialaround Enterprises Inc. apparently liable for $100,000. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, DIALAROUND ENTERPRISES INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules,
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- defined in the Act. We therefore find that Fibertech is a ``telecommunications carrier'' entitled to pole attachments under section 224(f), and grant the relief requested in the Complaint. ordering clauseS Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and sections 0.111 and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 0.111 and §§ 1.1401-1.1418, that the Complaint IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and sections 0.111 and 1.1401-1.1418 of the Commission's Rules, 47 C.F.R. §§ 0.111 and
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- Consent Decree is attached hereto. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by section 0.111 and 0.311 of the Commission's Rules, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau 47 U.S.C. § 154(i). 47 C.F.R. §§ 0.111, 0.311. Federal Communications Commission DA 07-4875 DRAFT Federal Communications Commission DA 05-XXX č H I - ¸ š ē
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- Consent Decree is attached hereto. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by section 0.111 and 0.311 of the Commission's Rules, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau 47 C.F.R. § 1.17310(d). 47 U.S.C. § 154(i). 47 C.F.R. §§ 0.111, 0.311. Federal Communications Commission DA 07-4876 DRAFT Federal Communications Commission DA 05-XXX o ŋ ? @
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- basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act and the authority delegated by Sections 0.111 and 0.311 of the Rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigatory proceeding IS TERMINATED. IT IS FURTHER ORDERED that Broadcast Microwave shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at (202) 418-1995, or
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- proposed forfeiture amount of $8,000 is appropriate for its apparent violation of the alien ownership restrictions under Section 310. Based on the facts and circumstances presented, we conclude that an aggregate proposed forfeiture of $24,000 against Satamatics is warranted. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Satamatics, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty four thousand dollars ($24,000) for willfully violating Section 214, 310(b)(4), and 310(d) of the Communications Act of 1934, as amended. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within 30
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- the amount of $8,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, the Petition for Reconsideration, filed March 5, 2007, by Eagle West Communications, Inc., IS DENIED. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Eagle West Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 11.35 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- no grounds upon which to reconsider the forfeiture. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 405(b) of the Communications Act of 1934, as amended, and Section 1.106(f) of the Commission's Rules, the petition for reconsideration filed by Community Broadcast Group, Inc. IS DISMISSED. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Community Broadcast Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand dollars ($11,000) for violation of Sections 73.1350(a) and 73.3526 of the Rules Payment of the forfeiture assessed by the Forfeiture Order shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- conclude that Mr. Bazile willfully and repeatedly violated Section 301 of the Act. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $1,450 is appropriate based on his demonstrated inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Marckenson Bazile IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand four hundred fifty dollars ($1,450) for violation of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- family members or friends. Accordingly, we find that an upward adjustment of the base forfeiture amount is appropriate in this case and propose a forfeiture of $12,000 for the Licensee's apparent violations of Section 73.1216 of the Commission's rules. III. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Multicultural Radio Broadcasting Licensee, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $12,000 for willfully and repeatedly violating Sections 73.1216 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release of this
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- examined Russell's response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis to reduce the $8,000 forfeiture proposed for this violation. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jerry Russell dba The Russell Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- the Rules and willfully violated Section 73.3527 of the Rules. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $11,200 is appropriate based on Long Pond's history of compliance with the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Long Pond Baptist Church IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand two hundred dollars ($11,200) for violation of Sections 17.50 and 73.3527 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, Entravision Holdings, LLC's petition for reconsideration of the February 6, 2007 Forfeiture Order IS hereby GRANTED IN PART AND DENIED IN PART. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Entravision Holdings, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 1.1310 of the Rules. Payment of the $10,000 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether FMBC possess the basic qualifications, including character qualifications, to remain a Commission licensee. 4. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned investigation into the matters described herein is terminated. 6. IT IS FURTHER ORDERED that copies of this order shall be sent by regular first class mail and certified mail - return receipt requested to Joseph A. Belisle, Leibowitz &
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- call sign. Therefore, we affirm the decision in the NAL and find Sakaida liable for violation of Section 1.949(a) for the period May 29, 2006 (one year prior to adoption of the NAL) until June 19, 2006 (the date Sakaida filed its STA application). ordering clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ted Sakaida & Sons Trucking IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand, two hundred dollars ($5,200) for willful and repeated violations of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in
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- advertisements to the three consumers identified in the Appendix. We have further determined that Y Pay More is apparently liable for a forfeiture in the amount of $23,500.00. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Y Pay More is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $23,500.00 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- to the two consumers identified in the Appendix. We have further determined that Red Rose International is apparently liable for a forfeiture in the amount of $9,000. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Red Rose International is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- result of our review, we conclude that Visionary willfully and repeated violated Section 1.1310. Considering the entire record and the factors listed above, we find that neither reduction or cancellation of the proposed $10,000 forfeiture is warranted IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Visionary Related Entertainment, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 1.1310 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation or reduction of the $25,000 forfeiture proposed for this violation. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Entravision Holdings, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 1.1310 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- $10,000. We have examined Infinity's response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we reduce the forfeiture proposed for this violation to $10,000. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Infinity Broadcasting Corporation of Florida IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 1.1310 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- inability to pay. Toussaint stated in the response that documentation in support of his request would be submitted under separate cover. To date, no such documentation has been submitted. Accordingly, based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,Gary Toussaint IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating 47 U.S.C. § 301. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the forfeiture is
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- the Cayey earth station license had lapsed, it initiated the process to correct the violation. The Commission has explained that it ``expects'' violators to implement corrective action to bring past violations into compliance, and therefore, such actions do not nullify or mitigate past violations. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, La Carpa IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of six thousand, five hundred dollars ($6,500) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within
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- that Mr. Duckworth willfully and repeatedly violated Section 301 of the Act. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $2,500 is appropriate based on Mr. Duckworth's demonstrated inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Larry J. Duckworth IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand five hundred dollars ($2,500) for violation of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CSSI possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the ``Complaint'' received by, or in the possession of, the Bureau, on or around September 6, 2005, alleging violation of the Underwriting Laws by CSSI, IS DISMISSED. IT IS FURTHER ORDERED that the investigation by the Enforcement Bureau IS TERMINATED. IT IS FURTHER
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- comply with Section 0.459, including the standards of specificity mandated by Section 0.459(b). As discussed above, Kimberly Clark made a blanket request for confidentiality of all the information it provided. We conclude that Kimberly Clark failed to demonstrate that its LOI response warrants confidential treatment and, therefore, deny its request. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311, and 0.459(c) of the Rules, that the Request for Confidentiality filed on December 18, 2006 by Kimberly Clark IS DENIED. IT IS FURTHER ORDERED that, pursuant to Section 0.459(g) of the Rules, that Kimberly Clark may file an application for review of this denial with the Commission within five (5) working days of the release date of this Order.
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- terminating the investigation. In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Wal-Mart possesses the basic qualifications, including character qualifications, to remain a Commission licensee. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Act, and the authority delegated by Sections 0.111 and 0.311 of the Rules, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation into the matters described herein IS TERMINATED. IT IS FURTHER ORDERED that Wal-Mart shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center
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- including those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest will be served by adopting the Consent Decree and terminating this investigation. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act and Sections 0.111 and 0.311 of the Rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS TERMINATED. IT IS FURTHER ORDERED that US Cellular shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at (202) 418-1995, or
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- CSI possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the forfeiture proceeding. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the Enforcement Bureau's forfeiture proceeding IS TERMINATED. IT IS FURTHER ORDERED that CSI shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at (202) 418-1995, or
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- 73.3526(a) of the Rules. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, 127, Inc.'s petition for reconsideration of the September 6, 2006 Forfeiture Order IS hereby DENIED. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, 127, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of sixteen thousand eight hundred dollars ($16,800) for violation of Sections 73.1125(a), 73.1745, and 73.3526(a) of the Rules. Payment of the $16,800 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, Jose A. Mollinedo's Petition for Reconsideration, filed February 13, 2006, IS GRANTED TO THE EXTENT INDICATED HEREIN AND DENIED IN ALL OTHER RESPECTS. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Jose A. Mollinedo IS LIABLE FOR A MONETARY FORFEITURE in the amount of five hundred dollars ($500) for violations of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- not nullify or mitigate any prior forfeitures or violations. Finally, we also decline to reduce the proposed forfeiture based on WADV's history of compliance. WADV previously has received three Notices of Violation, two of which included violations for over-powered operation. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, WADV Radio, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 73.1745(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If
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- Metzger's response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation of the $7,000 forfeiture proposed for this violation. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ben Metzger dba 1 Stop Communications / 1 Stop CB Shop IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and 2.803(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in
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- in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Rama willfully and repeatedly violated Sections 11.35(a) and 73.49 of the Rules and that no reduction of the proposed $10,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Rama Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violation of Sections 11.35(a) and 73.49 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- material questions of fact as to whether the Stations posses the basic qualifications, including character qualifications, to remain a Commission licensee. Furthermore, we find that the Notice of Apparent Liability issued in this proceeding is null and void. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED and the Notice of Apparent Liability IS CANCELLED. IT IS FURTHER ORDERED that the above-captioned investigation into the matters described herein is terminated. 6. IT IS FURTHER ORDERED that copies of this order shall be sent by regular first class mail and certified mail - return receipt
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NMI possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the ``Complaint'' dated December 9, 2005, alleging violation of the Underwriting Laws by NMI, IS DISMISSED. IT IS FURTHER ORDERED that the investigation by the Enforcement Bureau IS TERMINATED. IT IS FURTHER ORDERED that copies of this Order shall be sent by regular
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- however, that a downward adjustment of the proposed forfeiture from $10,000 to $8,000 is warranted because Lockheed Martin made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Lockheed Martin IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of eight thousand dollars ($8,000) for the willful and repeated violation of Section 301 of the Act and Section 25.102(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the
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- We, therefore, deny the Petition. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, Farmworkers Educational Radio Network, Inc.'s Petition for Reconsideration, filed July 31, 2006, IS DENIED. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Farmworkers Educational Radio Network, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- may require. We conclude that the violation here primarily occurred due to inadequate planning and control, and not due to a deliberate attempt to deceive and that the base forfeiture amount of $4,000 is appropriate in this case. IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Saga Communications of New England, L.L.C., is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 73.1216 of the Commission's rules. 10. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release
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- the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require." Having considered these factors, we find that a $4,000 proposed forfeiture is appropriate in this case. V. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Entercom Wichita License, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 73.1216 of the Commission's rules. 10. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release of this
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- record reflects that the Licensee aired the conversation on at least three separate occasions, January 7, 10 and 11, 2005. Therefore, we believe that an upward adjustment of the base forfeiture amount is appropriate, and propose a forfeiture of $8,000. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules that WMGO Broadcasting Corp., Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $15,000 for willfully and repeatedly violating Section 73.1206 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules that within thirty (30) days of the release of this Notice,
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- matters as justice may require. After considering the record, the factors contained in Section 503(b)(2)(D) of the Act, 47 U.S.C. § 503(b)(2)(D), and the Forfeiture Policy Statement, we believe that a $4,000 forfeiture is appropriate in this case. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that CBS Radio Inc. of Philadelphia, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $3,000 for willfully and repeatedly violating Section 73.1216 of the Commission's rules. 11. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release of
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- forfeiture is appropriate in this case. Specifically, we conclude that the violation occurred due to inadequate planning and control, and not due to a deliberate attempt to deceive or to favor a particular contestant or class of contestants. V. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Commission's rules, that Access 1 New Jersey License Company, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for willfully and repeatedly violating section 73.1216 of the Commission's rules. 12. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty (30) days of the
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- or material questions of fact as to whether Midwest possess the basic qualifications, including character qualifications, to remain a Commission licensee. Furthermore, we find that the Notice of Apparent Liability issued in this proceeding is null and void. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED and the Notice of Apparent Liability IS CANCELLED. IT IS FURTHER ORDERED that the above-captioned investigation into the matters described herein is terminated. 6. IT IS FURTHER ORDERED that copies of this order shall be sent by regular first class mail and certified mail - return receipt
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- an ability to pay a forfeiture. We have reviewed the federal tax returns submitted by Truatt and find that the forfeiture, as reduced, represents a percentage of gross income that falls within the range that has been found acceptable. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Frank R. Truatt IS LIABLE FOR A MONETARY FORFEITURE in the amount of nine thousand six hundred dollars ($9,600) for willful and repeated violation of Sections 11.35(a), 73.1590(a)(6), and 73.3526(e)(12) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30)
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- including those related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and the authority delegated by section 0.111 and 0.311 of the Commission's Rules, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation is terminated. 7. IT IS FURTHER ORDERED that Rajant shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order of
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- conclude that Claro willfully and repeatedly violated Section 73.1125(a) of the Rules and repeatedly violations Section 73.1745(a) of the Rules. However, we reduce the forfeiture for these violations to $8,800, based on Claro's history of compliance with the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Claro Communications, LTD. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand eight hundred dollars ($8,800) for violation of Sections 73.1125 and 73.1745 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Joint Request to Withdraw Complaint with Prejudice IS GRANTED. 10. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 1.1401-1.1418, and the authority delegated
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- numbers on the National Do-Not-Call registry. We have further determined that AZ Prime One Mortgage Corporation is apparently liable for a forfeiture in the amount of $20,000.00. 11. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that AZ Prime One Mortgage Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $20,000.00 for willful or repeated violations of section 64.1200(c)(2) of the Commission's rules, 47 C.F.R. § 64.1200(c)(2), and the related orders described in the paragraphs above. 12. IT IS
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- reduction is warranted for an inability to pay. Accordingly, we find that Side by Side willfully and repeatedly violated Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules and that a forfeiture in the amount of $5,200 is appropriate. IV. ORDERING Clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Side by Side, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand two hundred dollars ($5,200) for willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this
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- issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Whitley. Whitley has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Trevor Whitely IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to
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- issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $17,000 to Clemons. Clemons has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Charles Clemons IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully and repeatedly violating Section 301 of the Act. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to
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- a good overall prior compliance record, and because partial reduction is appropriate for excluding the announcement permissibly made on behalf of The School House, we will reduce the forfeiture amount proposed in the NAL from $20,000 to $9,000. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, that Christian Voice of Central Ohio, Inc., licensee of then-noncommercial educational Station WCVZ(FM), South Zanesville, Ohio, FORFEIT to the United States the sum of Nine Thousand Dollars ($9,000) for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. § 399b, and Section 73.503(d) of the Commission's rules,
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- situation, including all potential sources of income. We have reviewed the personal income tax returns submitted by Ramos and we find that the forfeiture represents a percentage of gross income that falls within the range that has been found acceptable. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Eliandro B. Ramos IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If
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- pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $3,200 is warranted, based on ASA's history of compliance. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, ASA Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand two hundred dollars ($3,200) for violation of Section 73.1745(a) of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return
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- evidence relating to these matters, we conclude that our investigations raise no substantial or material questions of fact as to whether Custer possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Peter M. Connolly, Esq., Holland & Knight
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- Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Trent B. Harkrader Deputy Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Anthony E. Kaplan, Esq., Supervisory Assistant United States Attorney Calvin B. Kurimai, Esq., Assistant United States Attorney See 47 C.F.R. §§ 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Thomas J. Kennedy III, Notice of Suspension and Initiation of Debarment Proceedings, 23 FCC Rcd 1669 (Inv. & Hearings Div., Enf. Bur. 2008) (Attachment 1). 73 Fed. Reg. 12733 (March 10, 2008). See Notice of Suspension, 23 FCC Rcd at 1670-72. See
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- Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Anthony E. Kaplan, Esq., Supervisory Assistant United States Attorney Calvin B. Kurimai, Esq., Assistant United States Attorney See 47 C.F.R. §§ 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Keith J. Madeiros, Notice of Suspension and Initiation of Debarment Proceedings, 23 FCC Rcd 465 (Inv. & Hearings Div., Enf. Bur. 2008) (Attachment 1). 73 Fed. Reg. 18797 (April 7, 2008). See Notice of Suspension, 23 FCC Rcd at 466-68. See 47
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether WTI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that WTI shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the Order of the
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- (``Allan Green Judgment''), Substitute Information (N.D.Cal. filed Apr. 9, 2007 and entered Apr. 10, 2007) (``Allan Green Substitute Information''). See United States v. Video Network Communications, Inc. et al., Criminal Docket No. 3:05-CR-00208-CRB, Superseding Indictment (N.D.Cal. filed Dec. 8, 2005 and entered Dec. 12, 2005); http://www.usdoj.gov/atr/cases/f213600/213626.htm (accessed May 1, 2008) (``VNCI Superseding Indictment''). 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- Nelson, Criminal Docket No. 3:05-CR-00208-CRB-011, Judgment (N.D.Cal. filed and entered Mar. 21, 2008) (``Earl Nelson Judgment''). See United States v. Video Network Communications, Inc. et al., Criminal Docket No. 3:05-CR-00208-CRB, Superseding Indictment at ļļ 79-80 (N.D.Cal. filed Dec. 8, 2005 and entered Dec. 12, 2005); http://www.usdoj.gov/atr/cases/f213600/213626.htm (accessed May 1, 2008) (``VNCI Superseding Indictment''). 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- Marchelos, Criminal Docket No. 3:05-CR-00208-CRB-009, Judgment (N.D.Cal. filed and entered Apr. 10, 2008) (``George Marchelos Judgment''). See United States v. Video Network Communications, Inc. et al., Criminal Docket No. 3:05-CR-00208-CRB, Superseding Indictment at ļļ 72-88 (N.D.Cal. filed Dec. 8, 2005 and entered Dec. 12, 2005), http://www.usdoj.gov/atr/cases/f213600/213626.htm (accessed May 1, 2008) (``VNCI Superseding Indictment''). 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- Esq., Universal Service Administrative Company (via e-mail) Michael Wood, Antitrust Division, United States Department of Justice (via mail) Any further reference in this letter to ``your conviction'' refers to your twenty-two count conviction. United States v. Judy Green, Criminal Docket No. 3:05-CR-00208-WHA-007, Judgment (N.D.Cal. filed and entered March 19, 2008) (``Judy Green Judgment''). 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- Apr. 9, 2008) (``Holman Judgment''), Substitute Information (N.D.Cal. filed and entered Apr. 5, 2007) (``Holman Substitute Information''). See also generally United States v. Video Network Communications, Inc. et al., Criminal Docket No. 3:05-CR-00208-CRB, Superseding Indictment (N.D.Cal. filed Dec. 8, 2005 and entered Dec. 12, 2005), http://www.usdoj.gov/atr/cases/f213600/213626.htm (accessed May 1, 2008) (``VNCI Superseding Indictment''). 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Choice possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Sylvia Lesse, Esq., Counsel for Choice Wireless, LC,
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- we conclude that Southern willfully and repeatedly violated Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $800 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Southern New Mexico Radio Foundation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $800 for willfully and repeatedly violating Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and
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- Francisco Office prior to the NAL, and the substantial reduction of the proposed forfeiture based on a demonstrated inability to pay, we caution the Campos that any new violations would mitigate against forfeiture reduction in the future. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Martha S. and Miguel G. Campos, ARE LIABLE FOR A MONETARY FORFEITURE in the amount of $800 for willfully violating Section 301 of the Act. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt
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- pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $350 is warranted, based on demonstrated inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Richard Ross IS LIABLE FOR A MONETARY FORFEITURE in the amount of three hundred fifty dollars ($350) for violation of Section 301 of the Act. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested
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- the Enforcement Bureau (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Phillips. Phillips has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Phillips Broadcasting, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for violation of Section 73.3526 of the Rules. with any questions regarding payment procedures. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to
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- need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Joint Stipulation of Dismissal IS GRANTED. 5. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in sections
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- of our review, we conclude that BCBA willfully and repeatedly violated Section 73.1745(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $3,200 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Boulder Community Broadcast Association, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for willfully and repeatedly violating Section 73.1745(a) of the Rules. with any questions regarding payment procedures. Boulder Community Broadcast Association, Inc., shall also send electronic notification on the date said payment is made to WR-Response@fcc.gov. IT IS
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- violated Section 303(q) of the Act, and Sections 17.51(a), 17.47(a), 17.48, and 17.57 of the Rules. Considering the entire record and the factors listed above, we find that no reduction of the proposed $13,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Western Slope Communications, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $13,000 for repeatedly violating Section 303(q) of the Act, and Sections 17.51(a), 17.47(a), 17.48, and 17.57 of the Rules. with any questions regarding payment procedures. Western Slope Communications, LLC, shall also send electronic notification on the date said payment
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- San Diego Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Action. Despite evidence that Action received the NAL, Action has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Action Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Sections 308(b) and 403 of the Act. with any questions regarding payment procedures. Action Communications, Inc., shall also send electronic notification on the date said payment is made to WR-Response@fcc.gov. 5. IT IS FURTHER
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- direct Low Power Radio to submit a report within 30 days of the release of this Order certifying that it has ceased all marketing of the AMT3000 AM ``Assembled'' and ``Simplified'' transmitter kits, except to the extent that it is directly exporting these devices. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Liam Patrick Ryan d/b/a L.P. Ryan / Low Power Radio IS LIABLE FOR A MONETARY FORFEITURE in the amount of six hundred ten dollars ($610) for willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. Payment of the forfeiture must be made by check or similar instrument,
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- 2007 guilty plea and subsequent conviction of mail fraud. United States v. Keith J. Madeiros., Criminal Docket No. 3:07-CR-29-RNC-2, Plea Agreement (D. Conn. filed Feb. 13, 2007 and entered Feb. 15, 2007) (``Madeiros Plea Agreement''); United States v. Keith J. Madeiros, 3:07-CR-29-RNC-2, Judgment (D. Conn. filed and entered Dec. 10, 2007) (``Madeiros Judgment''). 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CapRock possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that CapRock shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the Order of the
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Unicom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that Unicom Communications, L.L.C. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether WNYC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaint against WNYC Radio before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree IS DISMISSED. . IT IS FURTHER ORDERED
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- rule by failing to provide a written response to the Commission in response to an informal complaint. Accordingly, a proposed forfeiture is warranted against Defendant for this apparent willful or repeated violation. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, that Global Access, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000.00 for willfully or repeatedly failing to respond to the informal complaint served by the Commission, in violation of section 1.717 of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within thirty
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- unsolicited advertisements to the four consumers identified in the Appendix. We have further determined that America's Toner is apparently liable for a forfeiture in the amount of $18,000. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that America's Toner is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $18,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders described
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- to the consumer identified in the Appendix. We have further determined that Secured Finance & Investments, Inc. is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Secured Finance & Investments, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Variety possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that Variety Wholesalers, Inc. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Big Lots possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED THAT Big Lots shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order of
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Conn's possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that Conn's, Inc. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order of
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether BJ's possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that BJ's Wholesale Club, Inc. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the
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- registered his telephone number on the National Do-Not-Call registry. We have further determined that Timeshare Register is apparently liable for a forfeiture in the amount of $20,000. 11. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Timeshare Register is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $20,000 for willful or repeated violations of section 64.1200(c)(2) of the Commission's rules, 47 C.F.R. § 64.1200(c)(2), and the related orders described in the paragraphs above. 12. IT IS FURTHER ORDERED THAT,
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- advertisement to the one consumer identified in the Appendix. We have further determined that American Locators, Inc. is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that American Locators, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Northland possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that Northland Cable Ventures, LLC shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the
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- advertisements to the three consumers identified in the Appendix. We have further determined that First Alliance Security is apparently liable for a forfeiture in the amount of $13,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that First Alliance Security is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $13,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- to the four consumers identified in the Appendix. We have further determined that Coastal Steel Structures, Inc. is apparently liable for a forfeiture in the amount of $18,000. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Coastal Steel Structures, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $18,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related
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- advertisements to the two consumers identified in the Appendix. We have further determined that Cost Crunch, Inc. is apparently liable for a forfeiture in the amount of $13,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Cost Crunch, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $13,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- unsolicited advertisements to the consumers identified in the Appendix. We have further determined that Modena Advertising, Inc. is apparently liable for a forfeiture in the amount of $18,000. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Modena Advertising, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $18,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Rent-A-Center possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that Rent-A-Center, Inc. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order of
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Lamkin possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above captioned matter IS TERMINATED. IT IS FURTHER ORDERED that Lamkin Corporation shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order of the Federal
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- the Forfeiture Policy Statement. As a result of our review, we conclude that Omni willfully and repeatedly violated Section 11.35(a) of the Rules. We find no basis for cancellation or reduction of the $8,000 forfeiture proposed for this violation. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Omni Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35(a) of the Rules. with any questions regarding payment procedures. Omni will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. IT IS FURTHER ORDERED that a copy
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- we conclude that Broadcasters willfully and repeatedly violated Section 11.35(a) of the Rules. However, we reduce the forfeiture for this violation to $5,000, based on Broadcasters' history of compliance with the Rules and its inability to pay the forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, FM 92 Broadcasters, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for violation of Section 11.35 of the Rules. with any questions regarding payment procedures. FM 92 Broadcasters, Inc. will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. IT IS FURTHER
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- from the date of debarment. The Bureau may, if necessary to protect the public interest, extend the debarment period. . . Sincerely yours, Trent Harkrader Deputy Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Duncan S. Currie, Esq., Chief, Dallas Field Office, Antitrust Division, Department of Justice See 47 C.F.R. §§ 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Rafael G. Adame, Notice of Suspension and Initiation of Debarment Proceedings, 23 FCC Rcd 5518 (Inv. & Hearings Div., Enf. Bur. 2008) (Attachment 1). 73 Fed. Reg. 24287 (May 2, 2008). See Notice of Suspension, 23 FCC Rcd at 5519-21. See 47
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- Claro's petition for reconsideration persuasive and deny it. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 405(b) of the Communications Act of 1934, as amended, and Section 1.106(f) of the Commission's Rules, the petition for reconsideration filed by Claro Communications, LTD. IS DENIED. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Claro Communications, LTD. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand eight hundred dollars ($8,800) for violation of Section 73.1125 and 73.1745 of the Rules. with any questions regarding payment procedures. Claro Communications, LTD. will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. IT IS
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- Brooklyn, New York, we remind Ms. Rodriguez that prior knowledge of the law is not necessary in determining whether a violation existed. As a licensee, Ms. Rodriguez will be held responsible for any future violations of the Commission's rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the Notice of Apparent Liability for Forfeiture issued to Family Car Service, Inc. is HEREBY CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Lillian Rodriguez at her address of record and to counsel for Lillian Rodriguez at his
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Atlantic Aviation possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. . IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Tony Lin, Esq., Pillsbury Winthrop Shaw Pittman
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Farmworker possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above captioned matter IS TERMINATED. IT IS FURTHER ORDERED that Farmworker Educational Radio Network, Inc., shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order
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- advertisement to the consumer identified in the Appendix. We have further determined that General Equipment & Supply is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that General Equipment & Supply is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related
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- issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Clouden. Clouden has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Richard Clouden IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Richard Clouden at his address
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- Bureau (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $18,000 to Mr. Doe. Mr. Doe has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, John Doe IS LIABLE FOR A MONETARY FORFEITURE in the amount of $18,000 for violation of Sections 301 and 325 of the Act. with any questions regarding payment procedures. Mr. Doe will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy
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- pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $8,100 is warranted, based on demonstrated inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Halifax Christian Community Church, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand one hundred dollars ($8,100) for violation of Section 73.845 of the Rules and Section 301 of the Act. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and
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- Commission's New York Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Rodriguez. Rodriguez has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Frank Rodriguez IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301of the Act. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Frank Rodriguez at his address of
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- the Enforcement Bureau (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $12,000 to D-Mitch. D-Mitch has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, D-Mitch Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,000 for violation of Sections 11.35 and 73.3526 of the Rules. with any questions regarding payment procedures. D-Mitch will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy
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- unsolicited advertisement to the consumer identified in the Appendix. We have further determined that Y Pay More is apparently liable for a forfeiture in the amount of $9,000. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Y Pay More is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- did not have a lock shows a level of neglect that negates any effort prior to the inspection that might have warranted a good faith reduction. Consequently, we decline to reduce the forfeiture amount on this basis. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Radio Plus, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 73.49 of the Rules. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Radio Plus, Inc. at its
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- currently in the process of assembling and prioritizing creditors' claims against Twin Towers Broadcasting, Inc. Owner asserts that requiring full payment of the forfeiture would harm innocent creditors. Based on the totality of the circumstances, we cancel the NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, the Notice of Apparent Liability for Forfeiture issued to David Ryder, Receiver for violation of Sections 17.4(g) and 17.50 of the Rules IS HEREBY CANCELED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested to David Ryder, Receiver at his
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Viaero possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Mike Felicissimo, Executive Vice-President, NE Colorado Cellular, Inc.,
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- the instant case. We have examined the Response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that the CBS willfully violated Section 73.1216 of the Commission's Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's Rules, CBS Radio Inc. of Philadelphia IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willful violation of Section 73.1216 of the Commission's Rules. . IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by First Class Mail and Certified Mail Return Receipt
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- Family Network continues to operate its station as of July 14, 2008, without a license. Christian Family Network's failure to immediately cease operation of the station may result in further monetary fines and other more serious sanctions. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Christian Family Network, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. . IT IS FURTHER ORDERED that Christian Family Network, Inc. SHALL REPORT, in writing, within 10 days of the date of this Order, the date it ceased operating
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- material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Licensee possesses the basic qualifications including, but not limited to, those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act and Sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Sunshine Broadcasters, Inc. before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED
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- advertisements to the two consumers identified in the Appendix. We have further determined that Ureach Technologies, Inc. is apparently liable for a forfeiture in the amount of $9,000. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Ureach Technologies, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- year from the date of violation. Accordingly, because it is not clear from the record before us whether Ryzex marketed the modified PDT6842s after 2006, we will not propose a forfeiture for marketing this model. We find, however, that an admonishment is warranted. iV. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Ryzex, Inc., IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for marketing two models of improperly labeled PDTs in willful and repeated violation of Section 302(a) of the Act and Section 2.803(a) of the of the Rules. IT IS FURTHER ORDERED that Ryzex IS ADMONISHED
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- associated with E970116. Finally, ABS-CBN's assertion that it did not create any interference with other licensees during the period of unauthorized operation is unavailing. It is well established that the absence of public harm is not considered a mitigating factor for a rule violation. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, ABS-CBN International, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Commission's Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of
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- consumers identified in the Appendix. We have further determined that Tri-State Printer & Copier Supply Co., Inc. is apparently liable for a forfeiture in the amount of $9,000. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Tri-State Printer & Copier Supply Co., Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3),
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- was upon learning from staff that no authority had been obtained for its U.S. VSAT operations, and upon staff directive to file an application requesting Commission authority as soon as possible, that Able Infosat took corrective actions to come into compliance with Commission rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Able Infosat Communications, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for the willful and repeated violation of Section 301 of the Act and Section 25.201(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty
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- examined Friendship's response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis to reduce the $4,000 forfeiture proposed for this violation. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Friendship Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3527 of the Rules. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested to Friendship Communications, Inc. at
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- unsolicited advertisements to the four consumers identified in the Appendix. We have further determined that Amerilist, Inc. is apparently liable for a forfeiture in the amount of $18,000. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Amerilist, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $18,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders described
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- however, that a downward adjustment of the proposed forfeiture from $6,500 to $5,200 is warranted because Side by Side made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations prior to any Commission inquiry or initiation of enforcement action. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Side by Side, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Commission's Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Airadigm possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Todd B. Lantor, Esq., Lukas, Nace, Gutierrez &
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- part of an EAS test or actual emergency, whether intentional or accidental, compromises the integrity of the EAS system. Accordingly, we conclude that Cox Radio station WKHK is apparently liable for a $5,000 forfeiture for its willful violation of Section 11.32(a)(9)(v) of the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Cox Radio, Inc., licensee of FM Radio Station WKHK, IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of five thousand dollars ($5,000) for willful violation of Section 11.32(a)(9)(v) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date
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- relating to these matters, we conclude that our investigations raise no substantial or material questions of fact as to whether IT&E possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED and that the Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return
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- (``GAAP''); or (3) some other reliable and objective documentation that accurately reflects the respondent's current financial status. Despite this explicit direction, Discovery has provided no documentation to support its claim that payment of the forfeiture will be burdensome. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Discovery Transportation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the
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- however, that a downward adjustment of the proposed aggregate forfeiture from $6,500 to $5,200 is warranted because Saga made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Saga IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of five thousand, two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty
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- with the Commission's Rules regarding the CB radio service. We caution Barber that failure to allow this inspection by the Portland Resident Agent Office will result in further sanctions and forfeitures for violation of Section 303(n) of the Act and Section 95.426(a) of the Rules. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jeremy William Barber, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully violating Section 303(n) of the Act, and Section 95.426(a) of the Rules. with any questions regarding payment procedures. Jeremy William Barber shall also send electronic notification on the date said payment is made to WR-Response@fcc.gov. 6. IT
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- CB transceivers in violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. Despite evidence that Kersnowski and his counsel received the NAL, Kersnowski has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Michael T. Kersnowski, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. with any questions regarding payment procedures. Michael T. Kersnowski shall also send electronic notification on the date said payment is made to WR-Response@fcc.gov.
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- of our review, we conclude that Bennett Broadcasting repeatedly violated Section 73.1125(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $5,600 is warranted. IV. ORDERING CLAUSES 18. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Christopher H. Bennett Broadcasting of Washington, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,600 for repeated violations of Section 73.1125(a) of the Rules. 19. IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the
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- impose financial hardship on A-O. Therefore, we conclude that cancellation of the forfeiture is warranted. Nevertheless, we find that it is appropriate to admonish A-O for its willful and repeated violation of Section 301 of the Act. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, that the proposed forfeiture in the amount of ten thousand dollars ($10,000) issued to A-O Broadcasting Corporation, in the April 23, 2004, Notice of Apparent Liability for willful and repeated violations of Section 301 of the Act IS CANCELLED. IT IS FURTHER ORDERED that A-O Broadcasting Corporation, IS ADMONISHED for its willful and
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- Bureau's Seattle Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $7,000 to Grinton. Despite repeated contacts by the Seattle Office, Grinton has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, James J. Grinton, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 97.113(b) and Section 97.119(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- conclude that First Baptist willfully and repeatedly violated Sections 11.35(a) and 73.1125(a) of the Rules. However, we reduce the forfeiture for these violations to $2,000, based on First Baptist's inability to pay and history of compliance with the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, First Baptist Church, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for violation of Sections 11.35 and 73.1125 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- to MBR for failing to maintain a complete public inspection file, in violation of Section 73.3526 of the Rules. Despite evidence that MBR received the NAL, MBR has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, MBR Licensee, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 73.3526 of the Rules. with any questions regarding payment procedures. MBR Licensee, LLC, shall also send electronic notification on the date said payment is made to WR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that
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- unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Michael Wood, Antitrust Division, United States Department of Justice (via mail) See 47 C.F.R. §§ 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Allan Green, Notice of Suspension and Initiation of Debarment Proceedings, 23 FCC Rcd 8211 (Inv. & Hearings Div., Enf. Bur. 2008) (Attachment 1). 73 Fed. Reg. 32579 (June 9, 2008). See Notice of Suspension, 23 FCC Rcd at 8212-14. See 47 C.F.R.
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- unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Michael Wood, Antitrust Division, United States Department of Justice (vial mail) See 47 C.F.R. §§ 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Earl Nelson, Notice of Suspension and Initiation of Debarment Proceedings, 23 FCC Rcd 8215 (Inv. & Hearings Div., Enf. Bur. 2008) (Attachment 1). 73 Fed. Reg. 32581 (June 9, 2008). See Notice of Suspension, 23 FCC Rcd at 8216-18. See 47 C.F.R.
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- unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Michael Wood, Antitrust Division, United States Department of Justice (via mail) See 47 C.F.R. §§ 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. George Marchelos, Notice of Suspension and Initiation of Debarment Proceedings, 23 FCC Rcd 8219 (Inv. & Hearings Div., Enf. Bur. 2008) (Attachment 1). 73 Fed. Reg. 32577 (June 9, 2008). See Notice of Suspension, 23 FCC Rcd at 8220-22. See 47 C.F.R.
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- Lee is unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Michael Wood, Antitrust Division, United States Department of Justice See 47 C.F.R. §§ 0.111(a)(14), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. William Holman, Notice of Suspension and Initiation of Debarment Proceedings, 23 FCC Rcd 8228 (Inv. & Hearings Div., Enf. Bur. 2008) (Attachment 1); see 73 Fed. Reg. 36082 (Jun. 25, 2008). Letter from Walter F. Brown, Jr., Orrick, Herrington & Sutcliffe, LLP
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Knology, Inc. possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Chip Yorkgitis, Kelley Drye & Warren LLP, Counsel
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Vangard possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Marjorie Spivak, Esq., counsel for Vangard Wireless, LP,
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether OP or TVCC possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Bruce Olcott, Esq., Squire Sanders & Dempsey, LLP,
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- prejudice will serve the public interest by facilitating the resolution of the dispute among the appropriate parties. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, sections 1.721-1.736 of the Commission's rules, 47 C.F.R. §§ 1.721-1.736, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Motion to Dismiss IS GRANTED and the above-captioned complaint IS DISMISSED WITHOUT PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Motion to Dismiss Complaint Without Prejudice, File No. EB-08-MD-005 (filed Aug. 12, 2008)(``Motion to Dismiss''). (Continued from previous page) (continued
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether WTCI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that WTCI will file reports with the Commission ninety days after the Effective Date, twelve months after the Effective Date, and annually for a period of three years thereafter. Each report
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- TRS, numbering administration, and local number portability funds. Furthermore, Cardinal apparently has not filed a Form 499-A in connection with its interconnected VoIP service. The Enforcement Bureau intends to investigate Cardinal's compliance with these requirements and may take further enforcement action, if warranted. iV. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Cardinal Broadband LLC IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for failing to provide compliant E911 service in willful and repeated violation of Section 9.5(b) of the Rules. IT IS FURTHER ORDERED that Cardinal submit a report within 10 days of this NAL certifying
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- to provide substantially the same information requested in the first LOI. Accordingly, considering all of the enumerated factors and the particular circumstances of this case, we find that a forfeiture of $25,000 is warranted here for Cardinal's apparent willful violation of Section 1.17(a)(2). iV. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Cardinal Broadband LLC IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for providing incorrect material factual information to the Commission in willful violation of Section 1.17(a)(2) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether GE MDS possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that GE MDS shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order of
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- two models of unauthorized or non-compliant devices it marketed, for a total proposed forfeiture of $14,000. Consistent with precedent, we have considered the statutory factors set forth above and conclude that no adjustment of the proposed forfeiture from the aggregate base amount is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Microboards Technologies IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release
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- unauthorized models is a separate, continuing violation. Based on the record of this proceeding and application of the statutory factors listed above, we propose a forfeiture of $14,000 for Leetek's unauthorized marketing of the model LTK-1400S and the model LTK-1700CT pager transmitter systems. iV. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Leetek America, Inc. IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for marketing two pager transmitter systems that were unauthorized, in willful violation of Section 302(a) of the Act and Section 2.803(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of
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- proposed above does not include these apparent violations. Nevertheless, we admonish DCS for marketing PDTs that were not labeled in accordance with Section 2.925(a)(1) of the Rules, in violation of Section 302(a) of the Act and Section 2.803(a) of the of the Rules. iV. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, DCS, IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for marketing PDTs that were not labeled in accordance with Sections 2.909(d) and 15.19(a)(3) of the Rules, in willful and repeated violation of Section 302(a) of the Act and Section 2.803(a) of the Rules. IT IS
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NOVA possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jeffrey E. Rummel, Esq., Counsel for NOVA Chemicals
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- As a Commission licensee, Mathews Readymix is charged with the responsibility for knowing and complying with the terms of its authorizations, the Act and the Rules, including the requirement to timely renew the authorizations and maintain operating authority for its PLMRS station. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the rules, Mathews Readymix LLC IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand, two hundred dollars ($6,200) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
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- In the absence of material new evidence relating to these matters, we conclude that our investigations raise no substantial or material questions of fact as to whether CMDC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and sections 0.111 and 0.311 of Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Joan M. Griffin, Esq., Counsel for Comtech Mobile Datacom Corporation,
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- and entered Oct. 9, 2007) (``Mello Plea Agreement''); United States v. Joseph E. Mello, 3:07-CR-00224 (RNC-1), Judgment (D.Conn. filed June 26, 2008 and entered June 30, 2008) (``Mello Judgment''). See also United States v. Joseph E. Mello, Criminal Docket No. 3:07-CR-00224 (RNC-1), Information (D. Conn. filed and entered Oct. 9, 2007) (``Mello Information''). 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- is $7,000. CoachComm marketed unauthorized radio frequency equipment. Specifically, CoachComm marketed one system that included the same RF transmitter in both the wireless headsets and command stations. For the apparent marketing of this unauthorized device, CoachComm is apparently liable in the amount of $7,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, CoachComm, LLC IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for the willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Sling possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Sling before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that a copy of
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Wavetrend possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jeffrey L. Sheldon, Esq., Counsel for Wavetrend Technologies,
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ViewSonic possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Mr. James Chu, CEO, ViewSonic Corporation, 381 Brea
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- Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Kissi. Despite evidence that Kissi received the NAL, Kissi has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Alexander Kissi IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301of the Act. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Alexander Kissi at his address of
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- Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Louis. Despite evidence that Louis received the NAL, Louis has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Yvon Louis IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301of the Act. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Yvon Louis at his address of
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TTE possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for TTE, Larry R. Sidman, Esq., Paul,
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- World willfully and repeatedly violated Section 73.3526 of the Rules by failing to maintain and make available a public inspection file. However, we reduce the forfeiture for this violation to $1,000, based on New World's demonstrated inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, New World, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for violation of Section 73.3526 of the Rules. with any questions regarding payment procedures. New World will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. IT IS FURTHER ORDERED that a
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- Bureau (``Dallas Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Mr. Aulabaugh. Mr. Aulabaugh has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Mark V. Aulabaugh IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for violation of Section 73.3526 of the Rules. with any questions regarding payment procedures. Mr. Aulabaugh will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of
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- critical means of reaching them. The imminent nature of the DTV transition and its potential impact on unaware consumers further increases the importance of each and every educational opportunity. IV. ordering clauses ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Qwest IS LIABLE FOR A MONETARY FORFEITURE in the amount of fifty-one thousand dollars ($51,000) for willfully and repeatedly violating Section 54.418(a) of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's rules, within thirty (30) days of the release date of this Notice of Apparent Liability for
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- with past Commission orders. We, therefore, see no reason to reduce the forfeiture amount proposed in the NAL and find that the Station is liable for a forfeiture amount of $25,000. ordering clauses ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, that Channel 51 of San Diego, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willful or repeated violations of section 713 of the Act, 47 U.S.C. § 713, and section 79.2(b)(1)(i) of the Commission's rules, 47 C.F.R. § 79.2(b)(1)(i), as described in the paragraphs above. Payment
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Champion possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above captioned matter IS TERMINATED. IT IS FURTHER ORDERED that Champion Cable, LLC, shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order of the
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- unsolicited advertisement to the consumer identified in the Appendix. We have further determined that American Medical Services is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that American Medical Services is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- registered his telephone number on the National Do-Not-Call registry. We have further determined that Timeshare Register is apparently liable for a forfeiture in the amount of $10,000. 11. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Timeshare Register is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000 for willful or repeated violations of section 64.1200(c)(2) of the Commission's rules, 47 C.F.R. § 64.1200(c)(2), and the related orders described in the paragraphs above. 12. IT IS FURTHER ORDERED THAT,
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- advertisements to the three consumers identified in the Appendix. We have further determined that Clean Credit, Inc. is apparently liable for a forfeiture in the amount of $13,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Clean Credit, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $13,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- advertisement to the one consumer identified in the Appendix. We have further determined that Cost Crunch, Inc. is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Cost Crunch, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- advertisement to the consumer identified in the Appendix. We have further determined that Guardian Steel Buildings, Inc. is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Guardian Steel Buildings, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related
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- one unsolicited advertisement to the consumer identified in the Appendix. We have further determined that Universal Roofing is apparently liable for a forfeiture in the amount of $4,500.00. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Universal Roofing is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500.00 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders described
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether QueenB possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against QueenB before the Enforcement Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that a copy
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- rule violation. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $8,000 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Lazer Licenses, LLC, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating Section 73.3526 of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt
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- from the license's expiration date. In addition, we propose a $1,500 forfeiture for Richmond's failure to file the renewal application for station WPOG498 within the time period specified in Section 1.949(a) of the Rules. Thus, we propose an aggregate forfeiture of $6,500. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Richmond Association IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand, five hundred dollars ($6,500) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,
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- extension requested two days after the response deadline passed. Misconduct of this type exhibits a disregard for the Commission's authority and hinders our investigative processes. We warn the Licensee that similar conduct in the future may result in sanctions. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, that Rejoynetwork, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,000 for violating Section 73.1206 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release date of this NAL, Rejoynetwork, LLC,
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- the Enforcement Bureau (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $16,000 to Rama. Rama has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Rama Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $16,000 for violations of Sections 11.35(a) and 73.3526 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- each Licensee's ability to pay. Having considered the record in this case and the statutory factors identified above, we find that WXDJ Licensing and WSKQ Licensing are each apparently liable for a forfeiture in the amount of $16,000. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, that WXDJ Licensing, Inc. and WSKQ Licensing, Inc. are each hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of $16,000 each for violating Section 73.1206 of the Commission's rules. 11. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of
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- this decision and must proceed with its proposed refund plan within sixty (60) days of such submission, provided the Enforcement Bureau approves Cox's proposed refund plan within thirty (30) days of Cox's submission. IV. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Commissions Rules, Cox Communications, Inc. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful violation of Sections 76.1201, 76.640(b)(1)(i) and 76.640(b)(1)(v) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this Notice
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- release of this decision and must proceed with its proposed refund plan within sixty (60) days of such submission provided the Enforcement Bureau approves TWC's proposed refund plan within thirty (30) days of TWC's submission. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, Oceanic Time Warner Cable, a division of Time Warner Cable, Inc. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful violation of Sections 76.1201, 76.640(b)(1)(i) and 76.640(b)(1)(v) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty
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- release of this decision and must proceed with its proposed refund plan within sixty (60) days of such submission provided the Enforcement Bureau approves TWC's proposed refund plan within thirty (30) days of TWC's submission. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, Oceanic Time Warner Cable, a division of Time Warner Cable, Inc. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful violation of Sections 76.1201, 76.640(b)(1)(i) and 76.640(b)(1)(v) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty
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- statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $1,600 is warranted, based on BK's history of compliance with the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, BK Towers, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand six hundred dollars ($1,600) for violation of Section 17.47(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- one unsolicited advertisement to the consumer identified in the Appendix. We have further determined that RMG Communications is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that RMG Communications is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders described
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- and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $12,800 is warranted, based on Viva's remedial efforts prior to the agent's inspection. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Viva Communications Group, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,800 for willfully and repeatedly violating Sections 11.35(a), 73.1560(a), 73.1745(a), and 73.3526(e)(12) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- we conclude that our investigations raise no substantial or material questions of fact as to whether Beasley possesses the basic qualifications including, but not limited to, those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-described investigations ARE TERMINATED and the referenced Notice of Apparent Liability IS CANCELLED. IT IS FURTHER ORDERED that the third-party complaints against Station WQAM(AM) and WRXK-FM, and the informal objections against the renewal application for Station WQAM(AM) before the
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- each of these devices is a separate continuing violation. Accordingly, we find that a total proposed forfeiture in the amount of $14,000 is warranted for the marketing of unauthorized devices in violation of Section 302(b) of the Act and Section 2.803(a) of the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, XLNT Idea IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release
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- unsolicited advertisement to the consumer identified in the Appendix. We have further determined that Western Aviation, Inc. is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Western Aviation, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- Commission take into account the nature, circumstances, extent and gravity of the violation and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, that the Notice of Apparent Liability for Forfeiture issued to John Doe for violation of Section 301 of the Act IS HEREBY CANCELLED. IT IS FURTHER ORDERED that John Doe IS ADMONISHED for his violation of Section 301 of the Act. IT IS FURTHER ORDERED that a copy of this Order shall be
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- that Star Power willfully and repeatedly violated Sections 11.35(a) and 73.3526 of the Rules. However, we reduce the forfeiture for these violations to $1,500 based on Star Power's history of compliance with the Rules and documented inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Star Power Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violation of Sections 11.35 and 73.3526 of the Rules. IT IS FURTHER ORDERED that, the forfeiture in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules
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- for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, it is hereby ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 208, and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that NewSouth's Complaint against BellSouth in the above-captioned proceeding IS DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau As a result of transactions consummated in 2004, NewSouth is now NuVox Communications, Inc. Notice and Joint Stipulation of Dismissal of Claims, File
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- foregoing facts, we are satisfied that the parties have shown good cause for granting their joint request to dismiss the complaint. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Joint Motion to Dismiss Formal Complaint with Prejudice IS GRANTED. 10. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 1.1401-1.1418, and the authority
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- including those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the enforcement proceeding. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 503(b) of the Act, and the authority delegated by Sections 0.111 and 0.311 of Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned enforcement proceeding IS TERMINATED. IT IS FURTHER ORDERED that CLP shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at (202) 418-1995,
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- factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $6,400 is warranted, based on Black Crow's history of compliance with the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Black Crow Radio, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand four hundred dollars ($6,400) for violation of Sections 73.44(a) and 73.49 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by adopting the Consent Decree, which terminates the investigation and cancels the NAL. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned proceeding is TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Alltel Communications, LLC d/b/a
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- the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $1,500 is warranted, based on Mr. Allred's documented inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Dale Lloyd Allred IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violations of Sections 301 and 333 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- Ms. Bina is unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at Vickie.Robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Calvin B. Kurimai, Esq., Assistant United States Attorney Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) See 47 C.F.R. §§ 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Joseph Mello, Notice of Suspension and Initiation of Debarment Proceedings, DA 08-2041 (Inv. & Hearings Div., Enf. Bur., rel. Sept. 4, 2008) (Attachment 1). 73 Fed. Reg. 53868 (Sept. 17, 2008). See Notice of Suspension, 73 Fed. Reg. at 53869-70. See 47
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- the private resolution of disputes and eliminating the need for further litigation and the expenditure of additional time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.1401-1.1418, that the Motion is GRANTED, and that this proceeding is TERMINATED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau From: Fujimoto, Shirley [mailto:sfujimoto@mwe.com] Sent: Thursday, November 13, 2008 9:45 PM To: Lia Royle Cc: Thomas, John D.; Lisa Saks;
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Honeywell possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Donna A. Balaguer, Esq., Fish & Richardson P.C., 1425
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- Statement. As a result of our review, we conclude that Perihelion willfully and repeatedly violated Sections 73.49, 73.1125(a) and 73.1201(a)(2) of the Rules. We find no basis for cancellation or reduction of the $15,000 forfeiture proposed for these violations. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Perihelion Global, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Sections 73.49, 73.1125(a) and 73.1201(a)(2) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- Inc. willfully and repeatedly violated Sections 11.35 and 73.3526 of the Rules. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $7,000 is appropriate based on Broadcasters, Inc.'s demonstrated inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, West Helena Broadcasters, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Sections 11.35 and 73.3526 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- as required by Section 503(b)(2)(D) of the Act, the Forfeiture Policy Statement, and Section 1.80, we conclude that Courier is apparently liable for a forfeiture in the amount of $ 4,000 for violating Section 73.1206 of the Commission's rules. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules Courier Communications Corp. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for willfully violating Section 73.1206 of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty (30) days of the release of this Notice, Courier Communications Corp. SHALL
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- the Enforcement Bureau (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $25,000 to Rama. Rama has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Rama Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $25,000 for violations of Sections 17.50, 73.49, 73.1745(a) and 73.3526 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- without the required consumer disclosure is not as significant a violation as marketing an unauthorized or technically non-compliant device, we find that a downward adjustment from the base forfeiture amount to $4,000, an amount commensurate with the forfeiture imposed in similar cases, is warranted. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Multi-Tech Systems, Inc. IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for marketing a radio frequency device without including in the user manual the required consumer disclosure in willful and repeated violation of Section 302(a) of the Act and Sections 2.803(a)(2) and 15.105(a) of the
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- conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that OMI repeatedly violated Section 17.47(a) of the Rules. We find no basis for cancellation or reduction of the $2,000 forfeiture proposed for this violation. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ozark Media, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for violation of Section 17.47(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- Policy Statement. As a result of our review, we conclude that IBC willfully and repeatedly violated Sections 17.50 and 17.57 of the Rules. We find no basis for cancellation or reduction of the $13,000 forfeiture proposed for these violations. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, International Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violation of Sections 17.50 and 17.57 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in sections 0.111, 0.311, of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Motion is GRANTED and the Complaint is DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Formal Complaint of Verizon, File No. EB-08-MD-004 (filed July 25, 2008) (``Complaint''). 47 U.S.C. §§ 201, 203; 47 C.F.R. § 61.26. Letter from Rashann R.
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- is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by adopting the Consent Decree, which terminates the investigation. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Startec Global Operating Company ) ) ) ) ) File No. EB-08-TC-2396 NAL/Acct. No.
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether AT&T possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that AT&T shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a
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- least one unsolicited advertisement to the consumer identified in the Appendix. We have further determined that Rentex is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Rentex is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders described in
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Redflex possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Redflex before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that a copy of
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Daystar possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaint against Daystar before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree IS DISMISSED. 8. IT IS FURTHER ORDERED that
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Western Slope possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above captioned matter IS TERMINATED. IT IS FURTHER ORDERED that Western Slope Communications, LLC, shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order of
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- of the Act, we direct Visiplex to submit a report within 30 days of the date of this Notice of Apparent Liability for Forfeiture and Order verifying that it is no longer operating at variance from the terms of these licenses. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Visiplex, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for the willful and repeated violation of Section 301 of the Act and Section 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of
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- refers to your February 13, 2007 guilty plea and subsequent conviction of mail fraud. United States v. Thomas J. Kennedy III, Criminal Docket No. 3:07-CR-186 (RNC), Plea Agreement (D. Conn. filed Aug. 24, 2007 and entered Aug. 27, 2007) (``Kennedy Plea Agreement''), Judgment (D. Conn. filed and entered Jan. 24, 2008) (``Kennedy Judgment''). 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- of detecting single light outages. In this regard, it was Forever's ``omission'' that resulted in its willful operation of a monitoring system that could not detect single light outages, in violation of Section 17.47 of the Commission's Rules. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Forever of PA, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Sections 17.47, 17.48, and 17.51(a) of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by First Class Mail and Certified Mail
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- number on the National Do-Not-Call registry. We have further determined that AZ Prime One Mortgage Corporation is apparently liable for a forfeiture in the amount of $10,000.00. 11. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that AZ Prime One Mortgage Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000.00 for willful or repeated violations of section 64.1200(c)(2) of the Commission's rules, 47 C.F.R. § 64.1200(c)(2), and the related orders described in the paragraphs above. 12. IT IS
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- advertisements to the consumer identified in the Appendix. We have further determined that Business Payment Systems, LLC is apparently liable for a forfeiture in the amount of $24,500.00. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Business Payment Systems, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $24,500.00 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related
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- review, we conclude that AMERI-KING willfully and repeatedly violated Section 301 of the Act. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture from $10,000 to $8,000 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, AMERI-KING Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating Section 301 of the Act. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to
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- review, we conclude that Compatible willfully and repeatedly violated Section 301 of the Act. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture from $10,000 to $8,000 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Compatible Electronics, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating Section 301 of the Act. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested
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- ten thousand dollars ($10,000), for the apparent willful and repeated violation of Section 301 of the Act. The Tampa Office has since learned that Mr. Gaye passed away. Because Mr. Gaye is no longer living, we cancel the NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, the Notice of Apparent Liability for Forfeiture issued to Henry Gaye IS HEREBY CANCELED. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 47 U.S.C. § 301. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832700006 (Enf. Bur., Tampa Office, January 9, 2008) (``NAL''). 47 U.S.C. § 503(b); 47
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- or cancellation of the proposed forfeiture is warranted. Accordingly, we find that Five Star willfully and repeatedly violated Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules and that a forfeiture in the amount of $6,500 is appropriate. IV. ORDERING Clauses 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Five Star Parking d/b/a Five Star Taxi Dispatch IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand five hundred dollars ($6,500) for willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. with any questions regarding payment procedures. The response, if any, must
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- failing to provide a written response to the Commission in response to two (2) informal complaints. Accordingly, a proposed forfeiture is warranted against Blue Casa for this apparent willful or repeated violation. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, BLUE CASA COMMUNICATIONS, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully or repeatedly failing to respond to two (2) informal complaints served by CGB in violation of section 1.717 of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
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- failing to provide a written response to the Commission in response to one (1) informal complaint. Accordingly, a proposed forfeiture is warranted against Sprint Nextel for this apparent willful or repeated violation. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, SPRINT NEXTEL CORPORATION IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond to one (1) informal complaints served by CGB in violation of section 1.717 of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules,
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- failing to provide a written response to the Commission in response to two (2) informal complaints. Accordingly, a proposed forfeiture is warranted against Amp'd Mobile for this apparent willful or repeated violation. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, AMP'D MOBILE, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully or repeatedly failing to respond to two (2) informal complaints served by CGB in violation of section 1.717 of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules,
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- failing to provide a written response to the Commission in response to one (1) informal complaint. Accordingly, a proposed forfeiture is warranted against Link Systems for this apparent willful or repeated violation. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, LINK SYSTEMS, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond to one (1) informal complaint served by CGB in violation of section 1.717 of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules,
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- by failing to provide a written response to the Commission in response to two (2) informal complaints. Accordingly, a proposed forfeiture is warranted against Cricket for this apparent willful or repeated violation. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, CRICKET COMMUNICATIONS, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully or repeatedly failing to respond to two (2) informal complaints served by CGB in violation of section 1.717 of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules,
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- failing to provide a written response to the Commission in response to one (1) informal complaint. Accordingly, a proposed forfeiture is warranted against Cooperative Communications for this apparent willful or repeated violation. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, COOPERATIVE COMMUNICATIONS, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond to one (1) informal complaint served by CGB in violation of section 1.717 of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules,
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- provide a written response to the Commission in response to two (2) informal complaints. Accordingly, a proposed forfeiture is warranted against Reduced Rate Long Distance for this apparent willful or repeated violation. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, REDUCED RATE LONG DISTANCE, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully or repeatedly failing to respond to two (2) informal complaints served by CGB in violation of section 1.717 of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the
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- failing to provide a written response to the Commission in response to one (1) informal complaint. Accordingly, a proposed forfeiture is warranted against Total Call for this apparent willful or repeated violation. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, TOTAL CALL INTERNATIONAL, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond to one (1) informal complaint served by CGB in violation of section 1.717 of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
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- Commission rule by failing to provide written responses to the Commission in response to six informal complaints. Accordingly, a proposed forfeiture is warranted against Defendant for this apparent willful or repeated violation. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, West Star IS LIABLE FOR A MONETARY FORFEITURE in the amount of $24,000.00 for willfully or repeatedly failing to respond to six informal complaints served by the Commission, in violation of section 1.717 of the Commission's rules and Commission letter orders. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules,
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- Commission rule by failing to provide written responses to the Commission in response to the informal complaint. Accordingly, a proposed forfeiture is warranted against Defendant for this apparent willful or repeated violation. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, WorldOne IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000.00 for willfully or repeatedly failing to respond to an informal complaint served by the Commission, in violation of section 1.717 of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within thirty days of the
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- Commission rule by failing to provide written responses to the Commission in response to the informal complaint. Accordingly, a proposed forfeiture is warranted against Defendant for this apparent willful or repeated violation. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, ITEG IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000.00 for willfully or repeatedly failing to respond to an informal complaint served by the Commission, in violation of section 1.717 of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within thirty days of the
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- by failing to provide written responses to the Commission in response to four (4) informal complaints. Accordingly, a proposed forfeiture is warranted against Alltel Wireless for this apparent willful or repeated violation. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, ALLTELL WIRELESS IS LIABLE FOR A MONETARY FORFEITURE in the amount of sixteen thousand dollars ($16,000) for willfully or repeatedly failing to respond to four (4) informal complaints served by CGB in violation of section 1.717 of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within
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- rule by failing to provide written responses to the Commission in response to twenty-four (24) informal complaints. Accordingly, a proposed forfeiture is warranted against AT&T for this apparent willful or repeated violation. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, AT&T, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $96,000 for willfully or repeatedly failing to respond to twenty-four (24) informal complaints served by the Bureau in violation of section 1.717 of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within thirty days
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- pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $10,000 is warranted, based on demonstrated inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Pittman Broadcasting Services, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Sections 17.51(a) and 73.1745 of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Long Pond possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the ``Complaint'' received on or about December 13, 2005, alleging violation of the Underwriting Laws by Long Pond, IS DISMISSED. IT IS FURTHER ORDERED that the investigation by the Enforcement Bureau IS TERMINATED. IT IS FURTHER ORDERED that Long Pond shall make its
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- proceeding. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the enforcement proceeding. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 503(b) of the Act, and the authority delegated by Sections 0.111 and 0.311 of Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned enforcement proceeding IS TERMINATED. IT IS FURTHER ORDERED that the Estate shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order of the
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- our review of Manning's Response and the record, we find that Manning did not willfully and repeatedly violate a Commission order by failing to respond to a directive of the Bureau. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of four thousand dollars ($4,000) issued to Manning Municipal Communications and Television System Utilities, in the March 30, 2007, Notice of Apparent Liability for Forfeiture for willful and repeated violations of a Commission order IS CANCELLED. IT IS FURTHER ORDERED that a copy of this
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- will cause the Commission to incur costs, with no reasonable hope of recovery. However, we emphasize that our decision to rescind the proposed forfeiture in no way exonerates Habla for its apparent violation of a Commission order. 4. Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. § 503(b) of the Communications Act of 1934, as Amended (``Act''), and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, the proposed forfeiture in the amount if four thousand dollars ($4,000) issued to Habla Communicaciones, Inc. in the March 30, 2007 Notice of Apparent Liability for Forfeiture for willful and repeated violation of a Commission directive IS CANCELED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by
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- complying with the terms of its authorization, the Act, and the rules, including the requirement to timely renew the authorization for its PLMRS station. Under the circumstances, and consistent with precedent, we find that no reduction of the proposed forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the rules, Miller IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand five hundred dollars ($6,500) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the rules, within
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- statute of limitations for proposing a forfeiture for these violations is one year from the date of violations and has expired. Accordingly, we will not propose a forfeiture for marketing these models. We find, however, that an admonishment is warranted for these violations. iV. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, DBK Concepts, Inc., IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for marketing two PDT models that were improperly labeled and one PDT model that was both unauthorized and improperly labeled, in willful and repeated violation of Section 302(a) of the Act and Section 2.803(a)
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- to $4,200. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $4,200 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Brahmin Broadcasting Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,200 for repeatedly violating Section 73.49 of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Brahmin
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- our review, we conclude that Metro West willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $3,200 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Metro West Ambulance IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for willfully and repeatedly violating Section 1.903(a) of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested
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- of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 1.1401-1.1418, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Lisa B. Griffin Deputy Chief Market Disputes Resolution Division Enforcement Bureau . Joint Notice of Settlement and Motion to Dismiss, File No. EB-05-MD-030 (filed Dec. 17, 2007) (``Motion''). Federal Communications
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- by $3,8000. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $15,200 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Pembrook Pines Elmira, LTD, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $15,200 for willfully and repeatedly violating Sections 17.48(a), 17.51(a), and 73.1745(a) of the Commission's Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and
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- the financial documentation submitted by Mondgock, we decline to cancel the forfeiture, but find that a reduction in the forfeiture to $4,300 is warranted based on Mondgock's demonstrated inability to pay the full forfeiture amount proposed in the NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ronald Mondgock IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand three hundred dollars ($4,300) for violation of Section 301 of the Act. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt
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- Ms. Lee is unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Aaron M. Danzig, Esq., Assistant United States Attorney See 47 C.F.R. §§ 0.111(a)(14), 54.521. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mrs. Evelyn Myers Scott, Notice of Suspension and Initiation of Debarment Proceedings, 22 FCC Rcd 18613 (Inv. & Hearings Div., Enf. Bur. 2007) (Attachment 1). 72 Fed. Reg. 62477 (November 5, 2007). See Notice of Suspension, 22 FCC Rcd at 18614-15. See 47
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- statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $6,400 is warranted, based on its history of compliance with the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Hispanic-Multicultural Broadcasting Association IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand four hundred dollars ($6,400) for violation of Section 11.35(a) of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return
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- support mechanism for three years from the date of debarment. The Bureau may, if necessary to protect the public interest, extend the debarment period. . . Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Aaron M. Danzig, Esq., Assistant United States Attorney See 47 C.F.R. §§ 0.111(a)(14), 54.521. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Arthur R. Scott, Notice of Suspension and Initiation of Debarment Proceedings, 22 FCC Rcd 18617 (Inv. & Hearings Div., Enf. Bur. 2007) (Attachment 1). 72 Fed. Reg. 62647 (November 6, 2007). See Notice of Suspension, 22 FCC Rcd at 18618-19. See 47
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- database as the tower's registered owner. Accordingly, we conclude that the NAL issued to Pinnacle must be cancelled and a Notice of Apparent Liability for Forfeiture in the amount of $3,000 is being issued on this date to Holmes. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the Notice of Apparent Liability for Forfeiture issued to Pinnacle Towers LLC IS HEREBY CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Pinnacle Towers LLC at its address of record and to counsel for Pinnacle Towers LLC at
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- such an application. Moreover, even if Campbell had provided such evidence, the mere filing of an application would not have provided Campbell any authority to operate a radio station. Accordingly, based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Michael Stone Campbell, a/k/a Monroe Campbell, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail
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- Commission's Rules. We have reviewed our records and note no other violations against the Licensee. Under similar circumstances, we have reduced proposed forfeitures, and find that doing so in this case is appropriate. Consequently, we reduce WMGO's forfeiture amount from $8,000 to $6,400. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, WMGO Broadcasting Corp., Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,400 for willful violation of Section 73.1206 of the Commission's Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent, by First Class Mail and Certified Mail Return
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- Commission rule by failing to provide written responses to the Commission in response to three informal complaints. Accordingly, a proposed forfeiture is warranted against Defendant for this apparent willful or repeated violation. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, Telefyne Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,000.00 for willfully or repeatedly failing to respond to three informal complaints served by the Commission, in violation of section 1.717 of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within thirty days of
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- Commission rule by failing to provide written responses to the Commission in response to the informal complaints. Accordingly, a proposed forfeiture is warranted against Defendant for this apparent willful or repeated violation. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, Global Network Communication West, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000.00 for willfully or repeatedly failing to respond to two informal complaints served by the Commission, in violation of section 1.717 of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether SRIPRB possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the ``Complaint'' dated November 23, 2004, and supplemented February 25, 2005, alleging violation of the Underwriting Laws by SRIPRB, IS DISMISSED. IT IS FURTHER ORDERED that the investigation by the Enforcement Bureau IS TERMINATED. IT IS FURTHER ORDERED that SRIPRB shall make its
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- relating to these matters, we conclude that our investigations raise no substantial or material questions of fact as to whether Pine possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED and the Notice of Apparent Liability for Forfeiture in File No. EB-07-SE-141 IS CANCELLED. IT IS FURTHER ORDERED that Pine shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree,
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- Watkins does not dispute this finding in response to the NAL. We therefore find that Watkins willfully violated Section 303(n) of the Act by failing to allow an inspection of the radio station equipment located in his apartment. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Craig Watkins, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully and repeatedly violating Sections 301 and 303(n) of the Act. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt
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- Such action could take the form of higher monetary forfeitures and/or possible revocation of COI's operating authority, including disqualification of COI's principals from the provision of any interstate common carrier services without the prior consent of the Commission. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Commission's rules, that Communications Options, Inc. SHALL FORFEIT to the United States government the sum of $65,000 for willfully and repeatedly violating the Commission's rules and a Commission order issued pursuant to the Act. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order will be sent by certified
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- related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigatory proceeding IS TERMINATED. IT IS FURTHER ORDERED that Caprock Cellular Limited Partnership shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order
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- Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, International Broadcasting Corporation's petition for reconsideration of the January 9, 2008 Forfeiture Order IS hereby DENIED IN PART and GRANTED IN PART. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, International Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand four hundred dollars ($10,400) for violation of Sections 17.50 and 17.57 of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that this Order shall be sent by regular mail and by certified mail, return receipt
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- the amount of $13,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, the Petition for Reconsideration filed on January 22, 2007, by Communications Relay Corporation, IS DENIED. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's Rules, Communications Relay Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $13,000 for violating Section 303(q) of the Act, and Sections 17.23, 17.47, 17.48, 17.49 and 17.57 of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
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- and repeatedly violated Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $7,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, CB Shop & More, LLLP, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
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- of this Order how it achieved compliance with Section 1.903(a) of the Rules for station WGW926. Carlsbad Radio's report must be submitted in the form of an affidavit signed by an officer or director of Carlsbad Radio. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Carlsbad Radio, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for willfully and repeatedly violating Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules. IT IS FURTHER ORDERED, pursuant to Section 403 of the Act, that Carlsbad Radio, Inc., must submit the report described in paragraph 12, above, within no
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- conclude that Bravo Mic willfully and repeatedly violated Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $2,400 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Bravo Mic Communications, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,400 for willfully and repeatedly violating Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified
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- 17.47(a), and 17.48 of the Rules, for all three of the towers in its array in Waterford, California. Threshold's report must be submitted in the form of an affidavit signed by an officer or director of Threshold. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Threshold Communications, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating Section 303(q) of the Act, and Sections 17.51(a), 17.47(a) and 17.48 of the Rules. IT IS FURTHER ORDERED, pursuant to Section 403 of the Act, that Threshold Communications, must submit the report described in paragraph
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- repeatedly violated Section 301 of the Act, based upon his inability to pay, we conclude that pursuant to Section 503(b) of the Act and the Forfeiture Policy Statement, reduction of the $10,000 forfeiture to $100 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Dwayne Simon, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $100 for willfully and repeatedly violating Section 301 of the Act. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to
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- unsolicited advertisement to the one consumer identified in the Appendix. We have further determined that Amerilist, Inc. is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Amerilist, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders described
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- to the two consumers identified in the Appendix. We have further determined that Copier Search International, Inc. is apparently liable for a forfeiture in the amount of $9,000.00. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Copier Search International, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000.00 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related
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- advertisements to the two consumers identified in the Appendix. We have further determined that DD&S Companies, Inc. is apparently liable for a forfeiture in the amount of $9,000.00. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that DD&S Companies, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000.00 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- to these matters, we conclude that no substantial or material questions of fact exist with respect to this matter as to whether T-Mobile possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that T-Mobile shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order of the
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- of those two stations. Therefore, we conclude that cancellation of the forfeiture is warranted. Nevertheless, we find that it is appropriate to admonish Action Radio for its willful and repeated violation of Section 11.35(a) of the Rules. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, that the proposed forfeiture in the amount of eight thousand dollars ($8,000) issued to Action Radio, LLC, in the August 14, 2007, Notice of Apparent Liability for willful and repeated violations of Section 11.35 of the Rules IS CANCELLED. IT IS FURTHER ORDERED that Action Radio, LLC, IS ADMONISHED for its willful and
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- review, we conclude that JMK willfully and repeatedly violated Section 73.44(b) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $4,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, JMK Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 73.44(b) of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested
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- statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $3,200 is warranted, based on its history of compliance with the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Traffic Control Products of Florida Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand two hundred dollars ($3,200) for violation of Section 90.403(a)(2) of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and
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- including those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the enforcement proceeding. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 503(b) of the Act, and the authority delegated by Sections 0.111 and 0.311 of Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned enforcement proceeding IS TERMINATED. IT IS FURTHER ORDERED that Lockheed Martin Corporation shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order of
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- Field Office, Antitrust Division, Department of Justice Any further reference in this letter to ``your conviction'' refers to your conviction of seven counts of wire fraud. United States v. Rafael Gongora Adame, Criminal Docket No. 7:06-CR-1082, CRIMINAL NO. M-06-1082, Judgment (S.D. Tex. filed Mar. 3, 2008 and entered Mar. 11, 2008) (``Adame Judgment''). 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- the Commission that complies with sections 1.721(e) and 1.722(h) of the Commission's rules within sixty (60) days from the release of this order. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j), 201, 202 and 208 of the Communications Act of 1934 as amended, 47 U.S.C. §§ 154(j), 201, 202, 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the above-captioned formal complaint IS GRANTED to the extent set forth herein. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, that Sprint Communications Company, L.P.'s Motion to Dismiss filed on
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Mid-Rivers Cellular possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that Mid-Rivers Cellular shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit
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- pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $1,500 is warranted, based on demonstrated inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Roubens Maignan IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violation of Section 301 of the Act. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt
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- advertisements to the four consumers identified in the Appendix. We have further determined that Meridian Marketing Group is apparently liable for a forfeiture in the amount of $18,000. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Meridian Marketing Group is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $18,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- advertisements to the consumer identified in the Appendix. We have further determined that Response Card Marketing, Inc. is apparently liable for a forfeiture in the amount of $9,000. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Response Card Marketing, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Philips possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Philips before the Bureau related to the above-captioned-investigations as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that Philips shall make its
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Panasonic possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Panasonic before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that Panasonic shall make its
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether LGE possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against LGE before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that LGE shall make its
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether SANYO possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against SANYO before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that SANYO shall make its
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Vizio possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Vizio before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that Vizio shall make
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Audiovox possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Audiovox before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that Audiovox shall make its
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Westinghouse Digital Electronics possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Westinghouse Digital Electronics before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that Westinghouse
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- the downward adjustment to be appropriate based on Dakota Central's voluntary disclosures of the violations to Commission staff prior to any Commission inquiry or initiation of enforcement action, and because, outside of the subject violations, Dakota Central has a prior history of compliance. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Dakota Central Telecommunications Cooperative IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willfully and repeatedly violating Section 301 of the Act and Section 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of
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- of section 227 of the Act and the Commission's related rules and orders as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. §503(b) and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under the authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Alliance Capital Corporation IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $4,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders as described
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- section 227 of the Act and the Commission's related rules and orders as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b) and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under the authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Aras Marketing, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $4,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders as described
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- section 227 of the Act and the Commission's related rules and orders as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b) and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under the authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Mario's Roofing IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $13,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders as described in
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- section 227 of the Act and the Commission's related rules and orders as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b) and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under the authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Tri-State Printer & Copier Supply Co., Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $9,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the
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- violation of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4),and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that ESpeed Mortgage Dot Com, LLC IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $13,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. §64.1200(a)(3), and the related orders as
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that New England Industrial Roofing IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $10,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders as
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Global QA Corp. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $4,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders as described
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Infasource.com IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $22,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders as described in the
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Edge possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that Edge shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Revenue and Receivables Operations Group at (202) 418-1995,
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Alaska DigiTel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that Alaska DigiTel shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order of
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Westchester possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that Westchester Services LLC shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order of
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- pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $1,500 is warranted, based on demonstrated inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Frank Rackley, Jr. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violation of Sections 73.1350(a) and 73.1745(a) of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ARINC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to James Barker, Latham & Watkins LLP, 556 11th
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether PTSI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Ron Strecker, Chief Executive Officer, Panhandle Telecommunication Systems, Inc.,
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- past compliance. We do find, however, that a downward adjustment of the proposed forfeiture from $8,000 to $6,400 is warranted because Corr undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Corr Wireless Communications LLC IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand four hundred dollars ($6,400) for the willful and repeated violation of Section 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Telenational possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Christopher J. Canfield, President, Telenational Communications, Inc., 5408
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Monster possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Monster before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that a copy of this
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- Based on the record before us, we conclude that our investigations raise no substantial or material questions of fact as to whether Windstream possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Michael D. Rhoda, Senior Vice President, Windstream Corporation,
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- purpose of the statutory provision. We therefore deny Counts XXII and XXIII of MAP's Complaint. ordering clauses Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that SBC Communications, Inc., Ameritech Corporation, Pacific Bell Communications, and Southwestern Bell Telephone Co. are hereby DISMISSED as parties, without prejudice. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Access 700 or Chevron possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Mr. Michael I. Gottdenker, Chairman and Chief Executive Officer,
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- the absence of material new evidence relating to this matter, we conclude that the Bureau's investigation raises no substantial or material questions of fact as to whether Supra possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Douglas D. Orvis II, Bingham McCutchen LLP, 2020
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- need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that CassTel's Motion to Dismiss IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alex Starr Chief, Market Disputes Resolution Division Enforcement Bureau 1 Formal Complaint, File No. EB-08-MD-010 (filed Nov. 7, 2008). CassTel filed an Amended Formal Complaint
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- Ms. Bina is unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at Vickie.Robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Beth Drake, Assistant United States Attorney (via e-mail) Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) See 47 C.F.R. §§ 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Ms. Cynthia K. Ayer, Notice of Suspension and Initiation of Debarment Proceedings, 24 FCC Rcd 2470 (Inv. & Hearings Div., Enf. Bur. 2009) (Attachment 1). 74 Fed. Reg. 11726-01 (Mar. 19, 2009). See Notice of Suspension, 24 FCC Rcd at 2470-71. See 47
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- the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we reduce the proposed forfeiture to $10,400, based on ERF Wireless' history of compliance with the rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, ERF Wireless, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand four hundred dollars ($10,400) for violations of Sections 17.51(b) and 17.57 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- We direct Orvac to file the required report within 30 days of the date of this Order with the District Director, Los Angeles Office. Failure to comply with this directive may result in additional sanctions against Orvac. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Orvac Electronics, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. IT IS FURTHER ORDERED, pursuant to Section 403 of the Act, that Orvac Electronics, Inc., must submit the report described in paragraph 14,
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. To the extent Cablevision associates itself with the arguments presented in a letter submitted by the National Cable Telecommunications Association that the Commission has violated the Paperwork Reduction Act by sending similar inquiries to 10 or more persons without first seeking notice and comment and approval by the Office of Management and Budget, we disagree The LOI
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- the Forfeiture Policy Statement. As a result of our review, we conclude that MBHD willfully and repeatedly violated Section 1.1310, Section 73.1350(a), and Section 73.3527(a) of the Rules and that the $25,000 forfeiture proposed in the NAL is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Minority Business & Housing Development, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of Section 1.1310, Section 73.1350(a), and Section 73.3527(a) of the Rules. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications
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- fees based on the diminished value of their service following the movement of linear programming to an SDV platform by $0.10 per month, per channel moved and reduce their rates on a going-forward basis accordingly. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, Oceanic Time Warner Cable, a division of Time Warner Cable, Inc., Oceanic Oahu Central Cable System IS LIABLE FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful violation of Sections 76.1201, 76.640(b)(1)(i) and 76.640(b)(1)(v) of the Rules. IT IS FURTHER ORDERED that, pursuant to sections 1, 4(i), 4(j), 601, and
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- fees based on the diminished value of their service following the movement of linear programming to an SDV platform by $0.10 per month, per channel moved and reduce their rates on a going-forward basis accordingly. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, Cox Communications, Inc., Fairfax County, Virginia Cable System IS LIABLE FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful violation of Sections 76.1201, 76.640(b)(1)(i) and 76.640(b)(1)(v) of the Rules. IT IS FURTHER ORDERED that, pursuant to sections 1, 4(i), 4(j), 601, and 629 of the Communications Act of 1934, as
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- fees based on the diminished value of their service following the movement of linear programming to an SDV platform by $0.10 per month, per channel moved and reduce their rates on a going-forward basis accordingly. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, Oceanic Time Warner Cable, a division of Time Warner Cable, Inc., Oceanic Kauai Cable System IS LIABLE FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful violation of Sections 76.1201, 76.640(b)(1)(i) and 76.640(b)(1)(v) of the Rules. IT IS FURTHER ORDERED that, pursuant to sections 1, 4(i), 4(j), 601, and 629
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- however, that a downward adjustment of the proposed forfeiture from $16,000 to $12,800 is warranted because Fox Television made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations but prior to any Commission inquiry or initiation of enforcement action. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Fox Television Stations, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand eight hundred dollars ($12,800) for willful and repeated violation of Section 301 of the Act and Section 25.102(a) of the Rules and for willful violation of Section 25.121(e) of the Rules. IT IS FURTHER
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- xst0\pnrstop6\pnrstart1\pnrrgb1\pnrrgb0\pnrrgb0\pnrrgb0\pnrrgb0\pnrrgb0\ pnrrgb0\pnrrgb0\pnrrgb0\pnrstop9\pnrstart2\pnrnfc0\pnrnfc0\pnrnfc0\pnrnf c0\pnrnfc0\pnrnfc0\pnrnfc0 \pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc13\pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc 0\pnrnfc0\pnrnfc0\pnrstop18\pnrstart3\pnrpnbr13\pnrpnbr0\pnrpnbr0\pnrpnb r0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnb r0\pnrpnbr0\pnrpnbr0\pnrpnbr0 \pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0 \pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0 \pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrstop36\rin0\lin0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0\afs24 \ltrch\fcs0 \b\fs24 Accordingly, IT IS ORDERED}{\rtlch\fcs1 \af0\afs24 \ltrch\fcs0 \fs24 , pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C .F.R. S: 0.111, 0.311, Comcast is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of Fifteen Thousand dollars ($15,000.00) for willful violation of Section 76.1603(b) of the Rules. \par {\pntext\pard\plain\ltrpar \rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22 \hich\af0\dbch\af0\loch\f0 14.\tab}}\pard \ltrpar\ql \fi720\li0\ri0\sb120\sa120\sl226\slmult1\widctlpar\jclisttab\tx1440\tx46 80\tx5760\wrapdefault{\*\pn \pnlvlbody\ilvl0\ls22\pnrnot0 \pndec\pnb0\pni0\pnfs22\pnstart1\pnindent720\pnsp120 {\pntxta .}}\faauto\ls22 \pnrdate651271304\pnrstart0\pnrxst2\pnrxst0\pnrxst0\pnrxst0\pnrxst46\pnr xst0\pnrstop6\pnrstart1\pnrrgb1\pnrrgb0\pnrrgb0\pnrrgb0\pnrrgb0\pnrrgb0\ pnrrgb0\pnrrgb0\pnrrgb0\pnrstop9\pnrstart2\pnrnfc0\pnrnfc0\pnrnfc0\pnrnf c0\pnrnfc0\pnrnfc0\pnrnfc0 \pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc14\pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc 0\pnrnfc0\pnrnfc0\pnrstop18\pnrstart3\pnrpnbr14\pnrpnbr0\pnrpnbr0\pnrpnb r0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnb
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- the fact that TSA's unauthorized operations spanned almost five years - from September 22, 2003 through October 1, 2008. Thus, we propose an aggregate forfeiture of $9,000 ($3,000 for failure to timely file renewal applications and $6,000 for unauthorized operation of an aviation station). ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Texas Soaring Association, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of nine thousand dollars ($9,000) for the willful and repeated violation of Section 301 of the Act and Section 1.903(a) of the Rules and the willful violation of Section 1.949(a) of the Rules. IT IS FURTHER ORDERED
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- letter advising the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. ordering clauses Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Comcast is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred dollars ($7,500.00) for willful violation of Section 76.1603(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1263A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1263A1.pdf
- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Hiawatha possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to David H. Solomon, Counsel for Hiawatha Broadband Communications,
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- for Teleplus's apparent willful repeated failure to obtain section 214 authority from the Commission prior to providing international telecommunications service. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80 of the Commission's rules, 47 C.F.R. § 1.80, and the authority delegated by section 0.111 of the Commission's rules, 47 C.F.R. § 0.111, Teleplus, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $100,000 for willfully and repeatedly violating the Act and the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-126A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-126A1.pdf
- xst0\pnrstop6\pnrstart1\pnrrgb1\pnrrgb0\pnrrgb0\pnrrgb0\pnrrgb0\pnrrgb0\ pnrrgb0\pnrrgb0\pnrrgb0\pnrstop9\pnrstart2\pnrnfc0\pnrnfc0\pnrnfc0\pnrnf c0\pnrnfc0\pnrnfc0\pnrnfc0 \pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc13\pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc 0\pnrnfc0\pnrnfc0\pnrstop18\pnrstart3\pnrpnbr13\pnrpnbr0\pnrpnbr0\pnrpnb r0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnb r0\pnrpnbr0\pnrpnbr0\pnrpnbr0 \pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0 \pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0 \pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrstop36\rin0\lin0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0\afs24 \ltrch\fcs0 \b\fs24 Accordingly, IT IS ORDERED}{\rtlch\fcs1 \af0\afs24 \ltrch\fcs0 \fs24 , pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C .F.R. S: 0.111, 0.311, Time Warner is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred dollars ($7,500.00) for willful violation of Section 76.1603(b) of the Rules. \par {\pntext\pard\plain\ltrpar \rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22 \hich\af0\dbch\af0\loch\f0 14.\tab}}\pard \ltrpar\ql \fi720\li0\ri0\sb120\sa120\sl226\slmult1\widctlpar\jclisttab\tx1440\tx46 80\tx5760\wrapdefault{\*\pn \pnlvlbody\ilvl0\ls22\pnrnot0 \pndec\pnb0\pni0\pnfs22\pnstart1\pnindent720\pnsp120 {\pntxta .}}\faauto\ls22 \pnrdate651271306\pnrstart0\pnrxst2\pnrxst0\pnrxst0\pnrxst0\pnrxst46\pnr xst0\pnrstop6\pnrstart1\pnrrgb1\pnrrgb0\pnrrgb0\pnrrgb0\pnrrgb0\pnrrgb0\ pnrrgb0\pnrrgb0\pnrrgb0\pnrstop9\pnrstart2\pnrnfc0\pnrnfc0\pnrnfc0\pnrnf c0\pnrnfc0\pnrnfc0\pnrnfc0
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether GHA possesses the basic qualifications including, but not limited to, those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaint before the Enforcement Bureau filed against GHA regarding the above-captioned investigation as of the date of this Consent Decree IS DISMISSED. IT IS FURTHER ORDERED that a
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-127A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-127A1.pdf
- letter advising the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. ordering clauses Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Time Warner is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred dollars ($7,500.00) for willful violation of Section 76.1603(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1281A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1281A1.pdf
- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Mobilarm possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Mobilarm before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that a copy of this
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-128A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-128A1.pdf
- xst0\pnrstop6\pnrstart1\pnrrgb1\pnrrgb0\pnrrgb0\pnrrgb0\pnrrgb0\pnrrgb0\ pnrrgb0\pnrrgb0\pnrrgb0\pnrstop9\pnrstart2\pnrnfc0\pnrnfc0\pnrnfc0\pnrnf c0\pnrnfc0\pnrnfc0\pnrnfc0 \pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc13\pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc 0\pnrnfc0\pnrnfc0\pnrstop18\pnrstart3\pnrpnbr13\pnrpnbr0\pnrpnbr0\pnrpnb r0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnb r0\pnrpnbr0\pnrpnbr0\pnrpnbr0 \pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0 \pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0 \pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrstop36\rin0\lin0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0\afs24 \ltrch\fcs0 \b\fs24 Accordingly, IT IS ORDERED}{\rtlch\fcs1 \af0\afs24 \ltrch\fcs0 \fs24 , pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C .F.R. S: 0.111, 0.311, Charter is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred dollars ($7,500.00) for willful violation of Section 76.1603(b) of the Rules. \par {\pntext\pard\plain\ltrpar \rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22 \hich\af0\dbch\af0\loch\f0 14.\tab}}\pard \ltrpar\ql \fi720\li0\ri0\sb120\sa120\sl226\slmult1\widctlpar\jclisttab\tx1440\tx46 80\tx5760\wrapdefault{\*\pn \pnlvlbody\ilvl0\ls22\pnrnot0 \pndec\pnb0\pni0\pnfs22\pnstart1\pnindent720\pnsp120 {\pntxta .}}\faauto\ls22 \pnrdate651271305\pnrstart0\pnrxst2\pnrxst0\pnrxst0\pnrxst0\pnrxst46\pnr xst0\pnrstop6\pnrstart1\pnrrgb1\pnrrgb0\pnrrgb0\pnrrgb0\pnrrgb0\pnrrgb0\ pnrrgb0\pnrrgb0\pnrrgb0\pnrstop9\pnrstart2\pnrnfc0\pnrnfc0\pnrnfc0\pnrnf c0\pnrnfc0\pnrnfc0\pnrnfc0 \pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc14\pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc
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- which may limit or eliminate the need for litigation and the further expenditure of resources by the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 224, and 251 of the Act, 47 U.S.C. §§ 154(i), 154(j), 224, 251, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion to Dismiss Complaint Without Prejudice IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), 224, and 251 of the Act, 47 U.S.C. §§ 154(i), 154(j), 224, 251, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 1.1401-1.1418, and the authority delegated in
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-129A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-129A1.pdf
- letter advising the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. ordering clauses Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Harron is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred dollars ($7,500.00) for willful violation of Section 76.1603(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1304A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1304A1.pdf
- the absence of material new evidence relating to this matter, we conclude there are no substantial or material questions of fact as to whether Honeywell Sensing and Control possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Anthony A. Kuznik, Vice President and General Counsel, Honeywell
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-130A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-130A1.pdf
- pnrrgb0\pnrrgb0\pnrrgb0\pnrstop9\pnrstart2\pnrnfc0\pnrnfc0\pnrnfc0\pnrnf c0\pnrnfc0\pnrnfc0\pnrnfc0 \pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc13\pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc 0\pnrnfc0\pnrnfc0\pnrstop18\pnrstart3\pnrpnbr13\pnrpnbr0\pnrpnbr0\pnrpnb r0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnb r0\pnrpnbr0\pnrpnbr0\pnrpnbr0 \pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0 \pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0 \pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrstop36\rin0\lin0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0\afs24 \ltrch\fcs0 \b\fs24 Accordingly, IT IS ORDERED}{\rtlch\fcs1 \af0\afs24 \ltrch\fcs0 \fs24 , pursuant t o section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.1 11, 0.311, Comcast is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of Fifteen Thousand dollars ($15,000.00) for willful violation of Section 76.1603(b) of the Rules. \par {\pntext\pard\plain\ltrpar \rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22 \hich\af0\dbch\af0\loch\f0 14.\tab}}\pard \ltrpar\ql \fi720\li0\ri0\sb120\sa120\sl226\slmult1\widctlpar\jclisttab\tx1440\tx46 80\tx5760\wrapdefault{\*\pn \pnlvlbody\ilvl0\ls22\pnrnot0 \pndec\pnb0\pni0\pnfs22\pnstart1\pnindent720\pnsp120 {\pntxta .}}\faauto\ls22 \pnrdate651271328\pnrstart0\pnrxst2\pnrxst0\pnrxst0\pnrxst0\pnrxst46\pnr xst0\pnrstop6\pnrstart1\pnrrgb1\pnrrgb0\pnrrgb0\pnrrgb0\pnrrgb0\pnrrgb0\ pnrrgb0\pnrrgb0\pnrrgb0\pnrstop9\pnrstart2\pnrnfc0\pnrnfc0\pnrnfc0\pnrnf c0\pnrnfc0\pnrnfc0\pnrnfc0 \pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc14\pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc 0\pnrnfc0\pnrnfc0\pnrstop18\pnrstart3\pnrpnbr14\pnrpnbr0\pnrpnbr0\pnrpnb r0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnb
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- the private resolution of disputes and eliminating the need for further litigation and the expenditure of additional time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.1401-1.1418, that the Motion is GRANTED, and that this proceeding IS DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Pole Attachment Access Complaint, File No. EB-09-MD-004 (filed March 13, 2009) (``Complaint''). 47 U.S.C. § 224. 47 C.F.R. §§ 1.1401
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-131A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-131A1.pdf
- letter advising the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. ordering clauses Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Cox is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred dollars ($7,500) for willful violation of Section 76.1603(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1327A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1327A1.pdf
- repeated violation of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. ordering clauses Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Copier Search International, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $9,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that AZ Prime One Mortgage Corporation IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $10,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1329A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1329A1.pdf
- section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Rentex IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $4,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders as described in
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-132A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-132A1.pdf
- letter advising the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. ordering clauses Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Cox is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willful violation of Section 76.1603(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this Notice of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-133A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-133A1.pdf
- letter advising the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. ordering clauses Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Cablevision is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-two thousand five hundred ($22,500) for willful violation of Section 76.1603(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this Notice
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- of bank fraud, in violation of 18 U.S.C. §§ 2 and 1344. See Douglas Benit Plea Agreement; see also Douglas Benit Judgment. This notice of suspension and initiation of debarment proceedings arises from your conviction of mail fraud, and as such, does not discuss your guilty plea and subsequent conviction of bank fraud. 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- letter advising the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. ordering clauses Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Cablevision is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred ($7,500) for willful violation of Section 76.1603(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this Notice
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Alco possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Mario Boltri, Vice President OEM/EMS Operations, Alco Electronics
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- letter advising the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. ordering clauses Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Cablevision is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred ($7,500) for willful violation of Section 76.1603(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this Notice
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- letter advising the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. ordering clauses Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Cablevision is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred ($7,500) for willful violation of Section 76.1603(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this Notice
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- evidence of his felony conviction, we conclude that Terry Keith Hammond lacks the basic requisite character qualifications to be and remain a Commission licensee, and note that such conclusion would have warranted revocation of the license for Station KBKH(FM) (the ``Station'') prior to its cancellation. Our actions herein are taken pursuant to authority delegated to the Enforcement Bureau under Section 0.111(a)(17) of the Commission's rules. BACKGROUND On September 15, 2006, the Commission commenced a hearing proceeding to determine whether Mr. Hammond is qualified to be and remain a licensee, whether his license for Station KBKH(FM) should be revoked, and whether his application for renewal of the station's license should be granted. The Hearing Designation Order specified numerous questions of fact and
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- letter advising the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. ordering clauses Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Cablevision is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred ($7,500) for willful violation of Section 76.1603(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this Notice
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- conclude, however, that Bear Creek's unlicensed operation was not analogous to the intentional unlicensed operation of a "pirate" station operator who operates its station in flagrant violation of Commission rules. We therefore downwardly adjust the $10,000 base forfeiture amount to five thousand dollars ($5,000). Ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules that Bear Creek Mountain Resort IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for willful and repeated violation of Section 301 of the Act. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must
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- letter advising the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. ordering clauses Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Charter is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred dollars ($7,500.00) for willful violation of Section 76.1603(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
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- highly profitable entities, such as Midland could expect forfeitures higher than those reflected in the base amounts. Accordingly, applying the Forfeiture Policy Statement and statutory factors to the instant case, we conclude that Midland is apparently liable for a monetary forfeiture of $21,000. iV. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Midland, IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for marketing noncompliant GMRS transmitters, in willful and repeated violation of Section 302(a) of the Act and Section 2.803(g) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Technogym possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Technogym S.p.A., c/o Technogym USA, 830 Fourth Avenue South,
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- marketing an unauthorized or technically non-compliant device, we find that a downward adjustment of the base forfeiture amount from $7,000 to $4,000 is warranted for Proxim's marketing of the mislabeled AP-700. We, accordingly, find that a total proposed forfeiture of $11,000 is appropriate. iV. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Proxim, IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand dollars ($11,000) for marketing non-compliant wireless access points and wireless access points not labeled in accordance with Section 2.925 of the Rules, in willful and repeated violation of Section 302(b) of the Act and Section 2.803(a) of the
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- transmitter in November of 2007, Inter Tech's website offered this transmitter for sale on February 7, 2008. Accordingly, we find that a proposed forfeiture of eleven thousand dollars ($11,000) is warranted for Inter Tech's violation of Section 1.17(a)(2) of the Rules. iV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Inter Tech FM IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules, and eleven thousand dollars ($11,000) for willfully violating Section 1.17(a)(2) of the Rules, for a total proposed
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CT Cube possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Mike Higgins, Jr., General Manager, CT Cube, Inc.
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- unsolicited advertisement to the consumer identified in the Appendix. We have further determined that Y Pay More is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Y Pay More is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether InFill possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Marjorie Spivak, Esq., counsel for InFill Towers of
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- need for further litigation and the expenditure of additional time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Motion IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE as to defendants Matrix Management, Inc. and ZCom Networks, Inc., and that this proceeding IS TERMINATED as to defendants Matrix Management, Inc. and ZCom Networks, Inc. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution
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- $4,000. Accordingly, we propose a forfeiture of $14,000 for the willful and repeated marketing of two unauthorized transmitter models, and $8,000 for the willful and repeated marketing of two unauthorized amplifier models, for an aggregate forfeiture of twenty-two thousand dollars ($22,000). iV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Inter Tech FM IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-two thousand dollars ($22,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the
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- violation of section 227 of the Act and the Commission's related rules and orders, as set forth in the NALs. ordering clauses Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under the authority delegated by sections 0.111 and 0.311 of the commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Amerilist, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $22,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders as
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- to your six count conviction. United States v. Andre Jose Hornsby, Criminal Docket No. 8:06CR00376-PJM-1, Judgment (D. Md. filed and entered Dec. 5, 2008) (``Hornsby Judgment''). See also United States v. Andre Jose Hornsby, Criminal Docket No. 8:06CR00376-PJM-1, Superseding Indictment (D. Md filed and entered Apr. 23, 2008) (``Hornsby Indictment''). 47 C.F.R. § 54.8 (2008). See also 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- filed and entered Mar. 31, 2009) (Convicted on Counts 11 and 22)(``Newton Judgment''). See also generally United States v. Video Network Communications, Inc. et al., Criminal Docket No. 3:05-CR-00208-CRB, Superseding Indictment (N.D. Cal. filed Dec. 8, 2005 and entered Dec. 12, 2005), http://www.usdoj.gov/atr/cases/f213600/213626.htm (accessed May 1, 2008) (``VNCI Superseding Indictment''). 47 C.F.R. § 54.8 (2008). See also 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that DD&S Companies, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $9,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders as
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- willful or repeated violation of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that So Clean, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $18,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- repeatedly violated Section 73.49 of the Rules, based upon their inability to pay, we conclude that pursuant to Section 503(b) of the Act and the Forfeiture Policy Statement, reduction of the $7,000 forfeiture to $500 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Albino Ortega and Maria Juarez, ARE LIABLE FOR A MONETARY FORFEITURE in the amount of $500 for willfully and repeatedly violating Section 73.49 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- review, we conclude that Playa willfully and repeatedly violated Section 74.1236(c) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $4,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Playa Del Sol Broadcasters, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 74.1236(c) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- Act and Section 25.102(a) of the Rules, based upon its inability to pay, we conclude that pursuant to Section 503(b) of the Act and the Forfeiture Policy Statement, reduction of the $4,000 forfeiture to $1,100 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, The Starfish Television Network, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $1,100 for willfully and repeatedly violating Section 301 of the Act and Section 25.102(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we reduce the proposed forfeiture to $1,200, based on Jackson's history of compliance with the rules and inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jackson Radio, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand two hundred dollars ($1,200) for violations of Sections 11.35 and 73.49 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Universal Roofing d/b/a Universal Roofing & General Contracting IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $4,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3),
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- compliance with the Rules, we find that the circumstances surrounding and the nature and the extent of Greeley's violation justifies cancellation of the NAL. However, we admonish Greeley for its violation of Section 73.49 of the Rules. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, that the proposed forfeiture in the amount of seven thousand dollars ($7,000) issued to Greeley Broadcasting Corporation, in the July 29, 2008, Notice of Apparent Liability for willful and repeated violations of Section 73.49 of the Rules IS CANCELLED. IT IS FURTHER ORDERED that Greeley Broadcasting Corporation, IS ADMONISHED for its violation of
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaints and allegations against the Station and/or the Licensee before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED.
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- for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Act, 47 U.S.C. §§ 154(i), 154(j), 208, and sections 1.106, 1.720 - 1.736 of the Commission's rules, 47 C.F.R. §§ 1.106, 1.720 - 1.736, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that MAP Mobile Communications, Inc.'s Notice of Settlement and Request for Dismissal of Petition for Reconsideration IS GRANTED and its Petition for Partial Reconsideration or Clarification is hereby DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau MAP Mobile Communications, Inc. v. Illinois Bell Telephone Company,
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Wilson possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Wilson Communication Company, Inc.
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1583A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1583A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether WTC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of WTC Communications, Inc. )
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1586A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1586A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Clearcom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Clearcom, Inc. ) )
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1587A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1587A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TSI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Telecom Supply, Inc. )
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1590A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1590A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CenCom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of CenCom, Inc. ) )
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1591A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1591A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ComSouth possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ComSouth Telenet, Inc. )
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1592A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1592A1.pdf
- based on the record, we find that @Communications did not willfully and repeatedly violate section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to @Communications, Inc. in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture for willful and repeated violations of a Commission rule IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1593A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1593A1.pdf
- based on the record, we find that PriorityOne did not willfully and repeatedly violate section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of three thousand dollars ($3,000) issued to PriorityOne Telecommunications, Inc. in the February 25, 2009 Notice of Apparent Liability for Forfeiture for willful and repeated violations of a Commission rule IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1596A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1596A1.pdf
- pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Chladek willfully and repeatedly violated Section 73.3526(e)(12) of the Rules and that the $4,000 forfeiture proposed in the NAL is warranted. Ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules that James J. Chladek IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willful and repeated violation of 47 C.F.R. § 73.3526(e)(12). Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1597A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1597A1.pdf
- for operating mobile units and a mobile relay station on the unauthorized frequencies 469.4 MHz and 464.4 MHz respectively. Despite evidence that Sims received the NAL, Sims has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Sims Metal East, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ComSouth possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ComSouth Teleservices, Inc. )
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1600A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1600A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ComTech possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ComTech Solutions, LLC )
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Nebraska possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Nebraska Central Telecom, Inc.
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Stanton possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Stanton Long Distance, LLC
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1604A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1604A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NLD possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Nebraska Long Distance Company,
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Ligtel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Ligtel Communications, Inc. )
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1607A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1607A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Southwest possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Southwest Texas Long Distance
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1609A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1609A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TCB possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Texas Communications of Brownwood,
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether RTC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of RTC Communications Corp. )
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Smithville possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Smithville Telecom, Inc. )
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1612A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1612A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ASTAC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ASTAC Long Distance )
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1613A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1613A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Family Tel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Family Tel of Oklahoma,
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1614A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1614A1.pdf
- based on the record, we find that Naperville did not willfully and repeatedly violate section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to the City of Naperville in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture for willful and repeated violations of a Commission rule IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1615A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1615A1.pdf
- based on the record, we find that Sweetser did not willfully and repeatedly violate section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Sweetser Rural Telephone Company, Inc. in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture for willful and repeated violations of a Commission rule IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1616A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1616A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Clay County possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Clay County Communications, LLC
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1617A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1617A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Giles-Craig possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Giles-Craig Communications, Inc. )
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1618A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1618A1.pdf
- on the record, we find that TCO Network did not willfully and repeatedly violate section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to TCO Network, Inc. in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture for willful and repeated violations of a Commission rule IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1619A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1619A1.pdf
- based on the record, we find that Hinton did not willfully and repeatedly violate section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Hinton Telephone Company of Hinton Oklahoma, Inc. in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture for willful and repeated violations of a Commission rule IS CANCELLED. IT IS FURTHER ORDERED that a copy of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1620A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1620A1.pdf
- record, we find that The Telephone Company, Inc. did not willfully and repeatedly violate section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to The Telephone Company, Inc. in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture for willful and repeated violations of a Commission rule IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1621A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1621A1.pdf
- based on the record, we find that Momentum did not willfully and repeatedly violate section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of six thousand dollars ($6,000) issued to Momentum Telecom, Inc. in the February 25, 2009 NAL for willful and repeated violations of a Commission rule IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1627A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1627A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Evertek possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Evertek, Inc. ) )
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Topsham possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Topsham Communications, LLC )
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111, and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Coastal Steel Structures, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $18,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- section 227 of the Act and the Commission's related rules and orders, as set forth in the 2008 NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Tri-State Printer & Copier Supply Co., Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $9,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the
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- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether B & B Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of B & B Communications
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether GBT possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of GBT Communications, Inc. )
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Cedar-Wapsie possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Cedar-Wapsie Communications, Inc. )
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NMRSA6-III possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of NMRSA6-III Partnership ) )
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether SOTI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Southwest Oklahoma Telecommunications, Inc.
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Peetz possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Peetz Communications, LLC )
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NCAP possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Northeast Competitive Access Provider
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Carr possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Carr Communications, Inc. )
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Ogden possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Ogden Long Distance Service,
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Westphalia possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Westphalia Communications, Inc. )
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether SpringCom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of SpringCom, Inc. ) )
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Pinnacle possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Pinnacle before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that a copy of
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- of material new evidence relating to this matter, we conclude that the Bureau's investigations raise no substantial or material questions of fact as to whether the AT&T Companies possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Cathy Carpino, General Attorney, AT&T Services Inc., 1120
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Fort Mojave possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Fort Mojave Television, Inc.
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- repeated violation of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that First Alliance Security IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $13,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules, Jones College IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,500 for willfully and repeatedly violating Section 399B of the Act, as amended, and Section 73.503(d) of the Commission's Rules. 15. IT IS FURTHER ORDERED that, pursuant to the authority delegated in Section 0.111(a)(17) of the Commission's Rules, Jones College IS ADMONISHED for violating Section 1.17(a)(2) of the Rules. with any questions regarding payment procedures. 17. IT IS FURTHER ORDERED that a copy of this Order shall be sent, by Certified Mail/Return Receipt Requested, to Jones College, 5353 Arlington Expressway, Jacksonville, Florida, 32211, and by regular mail to its counsel, Christopher D. Imlay, Esq.,
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether VSAT Systems possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Michael Kister, President, VSAT Systems, LLC, 1520 S. Arlington
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether AP&T possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of AP&T Wireless, Inc. )
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Falcon1 possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Falcon1, Inc. ) )
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TSC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of TSC Communications, Inc. )
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- Enforcement Bureau (``New Orleans Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $3,000 to Millworks. Millworks has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Southern Classic Millworks, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for violations of Section 17.4(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- that Venali has presented a reasonable showing that neither Venali nor customers using Venali services in fact transmitted the faxes involved in the complaints or NAL. We therefore conclude that the NAL issued to Venali should be cancelled. ordering clauses ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f) (4) of the Commission's Rules, that the proposed forfeiture in the amount of $18,000 issued to Venali, Inc. in the September 28, 2007 Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Venali, Inc.,
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- Bureau (``Houston Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Severino. Mr. Severino has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Radhames Severino IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 301 of the Act. with any questions regarding payment procedures. Mr. Severino will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of this
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- however, that a downward adjustment of the proposed forfeiture from $32,000 to $25,000 is warranted because Journal Broadcast made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Journal Broadcast Corporation IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for the willful and repeated violation of Section 301 of the Act and Section 25.201(a) of the Rules, and for willful violation of Section 25.121(e) of the Rules. IT IS FURTHER ORDERED that,
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- (``New Orleans Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $14,000 to Mr. Konarz. Mr. Konarz has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jason Konarz IS LIABLE FOR A MONETARY FORFEITURE in the amount of $14,000 for violations of Section 73.49 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- Enforcement Bureau (``San Juan Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $13,000 to PBS. PBS has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Perry Broadcasting Systems IS LIABLE FOR A MONETARY FORFEITURE in the amount of $13,000 for violations of Sections 17.51(a) and 17.57 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- dispute between APCC and CNS and by eliminating the need for further litigation as between these two parties. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in sections 0.111, 0.311, of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Motion to Dismiss CCI Network Services, Inc. is GRANTED and the complaint is DISMISSED WITH PREJUDICE as to defendant CCI Network Services, Inc., and that this proceeding IS TERMINATED as to defendant CCI Network Services, Inc. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Pro Tech possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Steve Chapin, Chief Executive Officer and President, Pro Tech
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- with the complainant in each case. Accordingly, as a result of our review of Entercom's response to the NAL, and in view of the statutory factors and the Forfeiture Policy Statement, we affirm the NAL and issue a forfeiture in the amount of $4,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Entercom Wichita License, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willful violation of Section 73.1216 of the Commission's Rules. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include
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- unsolicited advertisement to the consumer identified in the Appendix. We have further determined that American Medical Services is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that American Medical Services is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- and sales and SIM card sales. Accordingly, we find that Cellular Abroad did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Cellular Abroad in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested
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- CPNI certification filing was due. Accordingly, we find that Daytona Beach did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to City of Daytona Beach in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail
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- calendar year 2007 was not due. Accordingly, we find that Nebraska Supercomm did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Nebraska Supercomm, LLC in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt
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- Pilgrim was not a telecommunications carrier. Accordingly, we find that Pilgrim did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Pilgrim Telephone, Inc. in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return
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- customers during the 2007 calendar year. Accordingly, we find that Visionary did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Visionary Communications, Inc. in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return
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- for calendar year 2007 was not due. Accordingly, we find that Zicore did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of two thousand dollars ($2,000) issued to Zicore Services, Inc. in the February 25, 2009 Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt
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- including the egregious nature of the misconduct that misled listeners and CBS's prior history of violations of Section 73.1216, we conclude that an upward adjustment of the forfeiture amount is warranted in this case. Thus we find that the appropriate forfeiture amount is $6,000. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, that CBS Radio East Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $6,000 for apparently willfully and repeatedly violating Section 73.1216 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release of this
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- may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at Vickie.Robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Dayle A. Elieson, U.S. Attorney's Office, United States Department of Justice (via mail) See 47 C.F.R. §§ 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Ruben B. Bohuchot, Notice of Suspension and Initiation of Debarment Proceedings, 24 FCC Rcd 2448 (Inv. & Hearings Div., Enf. Bur. 2009) (Attachment 1)(``Notice of Suspension''). In the Notice of Suspension, the Bureau referred to your frauds as being associated with E-Rate
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- may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at Vickie.Robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Dayle A. Elieson, U.S. Attorney's Office, United States Department of Justice (via mail) See 47 C.F.R. §§ 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Frankie Logyang Wong, Notice of Suspension and Initiation of Debarment Proceedings, 24 FCC Rcd 2456 (Inv. & Hearings Div., Enf. Bur. 2009) (Attachment 1)(``Notice of Suspension''). In the Notice of Suspension, the Bureau referred to your frauds as being associated with E-Rate
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- calendar year 2007 was not due. Accordingly, we find that Isan did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of six thousand dollars ($6,000) issued to Isan Telecom, Inc. in the February 25, 2009 Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt
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- CPNI certification for calendar year 2007. Accordingly, we find that Plains did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Plains Communications Services, LLC in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail
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- calendar year 2007 was not due. Accordingly, we find that Orange did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Orange Auto Sound in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return
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- calendar year 2007 was not due. Accordingly, we find that Freedom did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Freedom Telecommunications, Inc. in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return
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- CPNI certification for calendar year 2007. Accordingly, we find that Allendale did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Allendale Telephone Company d/b/a Allendale Communications Company in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail
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- year 2007 was not due. Accordingly, we find that Worldwide Marketing did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of two thousand dollars ($2,000) issued to Worldwide Marketing Solutions, Incorporated in the February 25, 2009 Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return
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- violation subjecting WJIF to further penalties, including potentially higher monetary forfeitures. Accordingly, based on the facts, we find Opp Ed apparently liable for a combined forfeiture of $19,000 for WJIF's apparent willful and repeated violation of Sections 11.35, 11.61(a) and 73.1015 of the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Opp Educational Broadcasting Foundation, Licensee of FM Radio Station WJIF, IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of nineteen thousand dollars ($19,000) for willful and repeated violation of Sections 11.35, 11.61(a) and 73.1015 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within
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- Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1477 and by e-mail at Michele.Berlove@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Taurus N. Ziedas, United States Attorney' Office, Department of Justice (via e-mail) Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) 47 C.F.R. § 54.8(g) (2008). See also 47 C.F.R. § 0.111(a)(14). Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Douglas Benit, Notice of Suspension and Initiation of Debarment Proceedings, 24 FCC Rcd 8153 (Inv. & Hearings Div., Enf. Bur. 2009) (Attachment 1)(``Notice of Suspension''). 74 Fed. Reg. 31947 (July 6, 2009). See Notice of Suspension, 24 FCC Rcd at 8155-56. See 47
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- database was acquired by another carrier. Accordingly, we find that Clarks did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Clarks Telecom Long Distance in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail
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- need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau 1 Formal Complaint, File No. EB-09-MD-002 (filed Feb. 9, 2009) (``Complaint''). 47 U.S.C. § 208. Complaint at 2, 10-12, 18-20; 47 U.S.C.
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- records and find no other violations against the licensee. Under similar circumstances, we have reduced proposed forfeitures, and find that doing so in this case is appropriate. Consequently, we reduce Sparta-Tomah's forfeiture amount from $11,000 to $8,800. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Sparta-Tomah Broadcasting Co. Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,800 for willfully and repeatedly violating Sections 73.1745 and 73.1125 of the Rules. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Sparta-Tomah Broadcasting
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Alliance Capital Corporation, IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $4,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders as described
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- repeatedly violated Sections 73.1745(a), 1.903(a), and 73.3526(e)(12) of the Rules, we conclude, based upon our review of PTDC's supporting financial documentation, that pursuant to Section 503(b) of the Act and the Forfeiture Policy Statement, a reduction of the $15,000 forfeiture to $5,000 is warranted. Ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules that Pentecostal Temple Development Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for willful and repeated violation of 47 C.F.R. §§ Sections 73.1745(a), 1.903(a), and 73.3526(e)(12). with any questions regarding payment procedures. Pentecostal Temple Development Corporation shall also send electronic notification on the date said payment is
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- however, that a reduction in the forfeiture is warranted based on Real Life's history of compliance with the Commission's Rules. We have reviewed the Commission database and we find that a reduction in the forfeiture to $18,400 is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Real Life Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eighteen thousand four hundred dollars ($18,400) for violations of Section 73.1745(a), 11.35, 73.49, and 73.3526(e)(12) of the Rules. with any questions regarding payment procedures. Real Life Broadcasting, Inc. shall also send electronic notification on the date said payment is
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that American Locators, Inc., IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $4,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders as described
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- repeated violation of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. ordering clauses Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Guardian Steel Buildings, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $4,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaints and allegations against the Station and/or the Licensee before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED.
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- the private resolution of disputes and eliminating the need for further litigation and the expenditure of additional time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111, 0.311, and 1.720 - 1.736 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.720 - 1.736, that the Motion is GRANTED, and that the Complaint in this proceeding is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Lisa J. Saks Assistant Chief, Market Disputes Resolution Division Enforcement Bureau APCC Services Inc. v. Dollar Phone Corp., RespOrgUSA, Inc., Dollar Phone Access,
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- Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1477 and by e-mail at Michele.Berlove@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Michael R. Pauzé, Assistant United States Attorney, Department of Justice (via e-mail) Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) 47 C.F.R. § 54.8(g) (2008). See also 47 C.F.R. § 0.111(a)(14). Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Andre J. Hornsby, Notice of Suspension and Initiation of Debarment Proceedings, 24 FCC Rcd 9093 (Inv. & Hearings Div., Enf. Bur. 2009) (Attachment 1)(``Notice of Suspension''). 74 Fed. Reg. 36223 (July 22, 2009). See Notice of Suspension, 24 FCC Rcd at 9094-96. See
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- Acting Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1477 and by e-mail at Michele.Berlove@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Michael Wood, Antitrust Division, United States Department of Justice (via e-mail) 47 C.F.R. § 54.8(g) (2008). See also 47 C.F.R. § 0.111(a)(14). Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Steven Newton, Notice of Suspension and Initiation of Debarment Proceedings, 24 FCC Rcd 9098 (Inv. & Hearings Div., Enf. Bur. 2009) (Attachment 1)(``Notice of Suspension''). 74 Fed. Reg. 36221 (July 22, 2009). See Notice of Suspension, 24 FCC Rcd at 9099-101. See 47
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- not part of an EAS test or actual emergency information, whether intentional or accidental, compromises the integrity of the EAS system. Accordingly, we conclude that station KWVE is apparently liable for a $5,000 forfeiture for its willful violation of Section 11.61(a) of the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Calvary Chapel of Costa Mesa, Inc., licensee of FM Radio Station KWVE, IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of five thousand dollars ($5,000) for willful violation of Section 11.61(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaints and allegations against the Station and/or Licensee before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED. 8.
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Next-G possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jonathan S. Marashlian, Counsel for Next-G Communication, Inc.,
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- the record, and based on information provided by WorldNet in its response to the NAL, including sworn declarations from two WorldNet employees, we find that the record is insufficient to support a finding of a willful violation. Accordingly, we conclude that the NAL should be cancelled. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the April 3, 2009 Notice of Apparent Liability for Forfeiture and Order issued to WorldNet, L.L.C. IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and by Certified Mail Return Receipt Requested to Ms. Debra R. Schmidt, Director of Telephony Services, WorldNet, L.L.C., 1
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- the NAL response or payment was due. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, that the Petition for Reconsideration filed by Southern Classic Millworks, LLC IS DENIED. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Southern Classics Millworks, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for violation of Section 17.4(a) of the Rules. . IT IS FURTHER ORDERED that this Order shall be sent by regular mail and by certified mail, return receipt requested, to Southern Classic Millworks, LLC at its
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Imation possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Greg J. Bosler, Vice President, Consumer Division, Americas
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CBS possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture, Forfeiture Order, and Memorandum Opinion and Order ARE CANCELLED. IT IS FURTHER ORDERED that the third-party complaint against CBS before the Bureau related to the above-captioned-investigation as
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TWC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b)of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Time Warner Cable, Inc.: Matthew A.
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaints and allegations against the Stations and/or the Licensee before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED.
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Humax possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the Bureau's investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Humax Co. Ltd., John Janka, Esq., Latham
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether WNC possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the Bureau's investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Wistron NeWeb Corporation, John Janka, Esq., Latham
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- appropriate. Accordingly, applying the Forfeiture Policy Statement and the statutory factors to this case, we conclude that Lancaster is apparently liable for a forfeiture in the amount of seven thousand five hundred dollars ($7,500) for apparently violating the Commission's underwriting rules. IV. ORDERING CLAUSES 10. ACCORDINGLY, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Lancaster Educational Broadcasting Foundation, licensee of noncommercial educational Station WFCO(FM), Lancaster, Ohio, is hereby NOTIFIED OF ITS APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred dollars ($7,500) for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, and Section 73.503 of the Commission's rules,
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- time and resources by the Commission, and by affording the parties certainty about the status of this proceeding. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE as to defendants Network Management, Inc. and USP Communications, Inc., and that this proceeding IS TERMINATED in its entirety. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Complaint, File No. EB-08-MD-007 (filed August 13, 2008)
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- the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we reduce the proposed forfeiture to $1,500, based on Foundation Inc's history of compliance with the rules and inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, The King's Musician Educational Foundation, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violations of Sections 17.4(g) and 17.51(b) of the Rules. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Midland possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested,
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- review, we conclude that Clerveau and Edwards repeatedly violated Section 301 of the Act. Considering the entire record and the factors listed above, we find that cancellation or reduction of the proposed $10,000 forfeiture is not warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jean Clerveau and Jocelyn Edwards ARE JOINTLY AND SEVERALLY LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for repeatedly violating Section 301 of the Act. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Clerveau and
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tama and Zwirn possess the basic qualifications including, but not limited to, those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints before the Enforcement Bureau filed against Tama Broadcasting, Inc., and D.B. Zwirn & Co., L.P., regarding the above-captioned investigation as of the date of this Consent Decree
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether KRI possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the Bureau's investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Young-hoon Bae, President and CEO, KIRYUNG Electronics Co., Ltd.,
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Audiovox possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Audiovox before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that a copy of this
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- aggregate base forfeiture proposed against Richfield is $18,000. conclusion In sum, we propose a forfeiture amount of $18,000 for Richfield's marketing of non-compliant and unlabeled equipment in apparent willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Richfield Electronics (China) Ltd. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for its willful and repeated violations of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty
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- Section 303(q) of the Act, and Sections 17.51(a), 17.47(a), 17.48, and 17.57 of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed $13,000 forfeiture to $11,000 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ely Radio, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $11,000 for repeatedly violating Section 303(q) of the Act, and Sections 17.51(a), 17.47(a), 17.48, and 17.57 of the Rules. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Secured Finance & Investments, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $4,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- an upward adjustment of the base forfeiture amount. After consideration of all the foregoing factors, and in view of the particular facts of this case, we find that AMFM is apparently liable for a forfeiture in the amount of $6,000. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that AMFM Broadcasting Licenses, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of six thousand dollars ($6,000) for willfully and repeatedly violating Sections 73.1216 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, 47 C.F.R. § 1.80, that within thirty (30)
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- Grover's response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we reduce the proposed forfeiture to $2,500, based on Mr. Grover's inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Frankie Grover IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand five hundred dollars ($2,500) for violations of Section 301 of the Act. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested to Frankie Grover at
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- Policy Statement and statutory factors to the instant case, we conclude that Uniden's proposed forfeiture should be adjusted downward by a total of $8,000. On the basis of the foregoing, we find that Uniden is apparently liable for a proposed forfeiture of $23,000. iV. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Uniden, IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-three thousand dollars ($23,000) for marketing non-compliant GMRS transmitters in willful and repeated violation of Section 302(a) of the Act and Section 2.803(g) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty
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- In the absence of new material evidence relating to this matter, we conclude that our investigation raises no substantial or material question of fact as to whether Marathon possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to C. Douglas Jarrett, Esq., Keller and Heckman, LLP, 1001
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- to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation or reduction of the $10,000 forfeiture proposed for this violation. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Raymond Frank IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested to Raymond Frank at his address
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- a result of our review, we conclude that Hodson willfully and repeatedly violated Section 73.1620 of the Rules. Considering the entire record and the factors listed above, we find that Hodson is liable for a $20,000 forfeiture. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Hodson Broadcasting, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for willfully and repeatedly violating Section 73.1620 of the Rules. IT IS FURTHERED ORDERED THAT, within 30 days of the release of this Order, Hodson Broadcasting file with the District Director, Denver Office, the report required in paragraph 19 above.
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- to limit, modify, or expand its request for information relative to these investigations. We modify the portions of the Letters of Inquiry that require each party to supplement, on a quarterly basis, the information provided in the parties' responses to the Letters of Inquiry, and temporarily suspend, until further notice, such obligations. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311, 1.102 and 1.113 of the Commission's Rules, the Notices of Apparent Liability for Forfeiture and Order and the Letters of Inquiry issued in the above captioned proceedings ARE MODIFIED as set forth in Paragraphs 1 - 4 above. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail, Return Receipt
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- Order a compliance report (i) describing all EAS compliance measures undertaken since October 18, 2008 (e.g., any employee training or changes in station protocols) designed to prevent a recurrence of the violations at issue here, along with (ii) a certification by an officer of the company to the accuracy of such report. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 0.111, 0.311 and 1.113 of the Rules, the Notice of Apparent Liability for Forfeiture released on September 17, 2009 IS HEREBY SET ASIDE. IT IS FURTHER ORDERED that in lieu of the September 17, 2009 Notice of Apparent Liability for Forfeiture, Calvary Chapel of Costa Mesa, Inc. IS ADMONISHED for transmitting an unauthorized RMT of the EAS and failing to transmit
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- that Media Logic willfully and repeatedly violated Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $3,200 is warranted. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Media Logic LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for willfully and repeatedly violating Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules. with any questions regarding payment procedures. 15. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified
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- of our review, we conclude that Evans willfully and repeatedly violated Section 73.49 of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $3,500 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, The Evans Broadcast Company, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,500 for willfully and repeatedly violating Section 73.49 of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return
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- release of the NAL/Order, in which to either pay in full the amount of the proposed forfeiture or file a written statement seeking reduction or cancellation of the proposed forfeiture. We hereby extend the time period within which such action must be taken by thirty (30) days to March 20, 2009. 3. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311, 1.102 and 1.113 of the Commission's Rules, the Notices of Apparent Liability for Forfeiture and Orders issued in the above captioned proceedings are modified as set forth in Paragraph 1 and 2 above. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent, by Certified Mail, Return Receipt Requested, to each counsel of record in
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- Hensley's response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that the $4,000 forfeiture proposed in the NAL is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Hensley Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 73.3526(e)(12) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- statutory factors, and the matters raised by the Licensee in response to the NAL, we find that the Licensee is apparently liable for a forfeiture in the amount of $3,200. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80 of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, that RCK 1 Group, LLC IS LIABLE FOR A MONETARY FROFEITURE in the amount of three thousand two hundred dollars ($3,200) for willful violation of Section 73.1206 of the Commission's rules, 47 C.F.R. § 73.1206, as described in the paragraphs above. Payment of the forfeiture shall be made in the manner provided for in
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- no reduction or cancellation is warranted for an inability to pay. Accordingly, we find that XLNT Idea willfully and repeatedly violated Section 302(b) of the Act and Section 2.803(a) of the Rules and that a forfeiture in the amount of $14,000 is appropriate. IV. ORDERING Clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, XLNT Idea, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willful and repeated violation of Section 302(b) of the Act and Section 2.803(a) of the Rules. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified
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- justice may require.'' Cumulus has previously been found to violate Section 73.1206. Having considered the record in this case and the statutory factors, we find that Cumulus is apparently liable for a forfeiture in the amount of $6,000. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, that Cumulus Licensing LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $6,000 for violating Section 73.1206 of the Commission's rules. 12. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules that within thirty (30) days of the release date of this Notice,
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- our review, we conclude that Westin willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $12,800 is warranted. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, HST Kierland LLC d/b/a Westin Kierland Resort & Spa, Kierland Golf Club, and Starwood Vacation Ownership Arizona Management, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,800 for willfully and repeatedly violating Sections 1.903(a) of the Rules. with any questions regarding payment procedures. 16. IT IS FURTHER ORDERED that a copy
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- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Big Telephone apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Big Telephone, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
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- review, we conclude that Nevada Yellow Cab willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $6,000 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Nevada Yellow Cab Corporation DBA Yellow Cab IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified
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- Bureau (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Davis. Mr. Davis has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Anthony F. Davis IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 301 of the Act. with any questions regarding payment procedures. Mr. Davis will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of
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- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Ben Lomand Rural apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Ben Lomand Rural Tel. Coop., Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether BNSF possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by First Class United States Mail to Jack Richards, Esq., Keller & Heckman LLP, 1001 G Street, N.W., Suite
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- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Ben Lomand apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Ben Lomand Communications, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT,
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- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Bellvoz apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Bellvoz Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant to
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether AIJE possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaint and allegations against the Station and/or AIJE before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED. 8.
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- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Bee Line apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Bee Line Cable IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
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- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Atlantic apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Atlantic Telecommunications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
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- We find, however, that a downward adjustment from $8,000 to $6,400 is warranted since Nevada Sun Peak made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Nevada Sun Peak LP IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand four hundred dollars ($6,400) for the willful and repeated violation of Section 301 of the Act and Section 1.903(a) of the Rules and the willful violation of Section 1.949(a) of the Rules. 14. IT
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- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find American Fiber apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, American Fiber Systems of Georgia, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER
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- 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Action Communications, Inc. apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Action Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT,
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- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find 800 Response apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, 800 Response Information Services LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED
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- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Buckeye apparently liable for a forfeiture of two thousand dollars ($2000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Buckeye Telesystem, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
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- to resolve the Commission's investigation. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by section 0.111 and 0.311 of the Commission's Rules, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau 47 U.S.C. § 154(i). 47 C.F.R. §§ 0.111, 0.311. Federal Communications Commission DA 09-26 DRAFT Federal Communications Commission DA 05-XXX ą ˛ _H _H _H _H M M
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- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Cherokee apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Cherokee Telephone Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
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- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find China Telecom apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, China Telecom (Americas) Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT,
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- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Communications Venture apparently liable for a forfeiture of three thousand dollars ($3,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Communications Venture Corporation dba InDigital Telecom IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER
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- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Aquis apparently liable for a forfeiture of one thousand dollars ($1,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, ComSoft Corporation dba Aquis Communications IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER
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- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Consolidated Telephone apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Consolidated Telephone Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
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- investigation. In the absence of material new evidence relating to this matter, we conclude there are no substantial or material questions of fact as to whether Silver Spring possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jordan Breslow, General Counsel and Secretary, Silver Spring Networks,
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- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Clear World apparently liable for a forfeiture of two thousand dollars ($2000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Clear World Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT,
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-282A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-282A1.pdf
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find D.G.A. apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, D.G.A. Telecom, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-290A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-290A1.pdf
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Isan apparently liable for a forfeiture of six thousand dollars ($6,000.00). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Isan IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000.00) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant to section
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-293A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-293A1.pdf
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Tennessee apparently liable for a forfeiture of four thousand dollars ($4,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Tennessee Telephone Service, LLC d/b/a Freedom Communications USA, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate.
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-294A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-294A1.pdf
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Kitchen Productions apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Kitchen Productions, Inc. d/b/a Tortoise Paging IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-296A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-296A1.pdf
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find KanOkla Telephone apparently liable for a forfeiture of one thousand dollars ($1,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, KanOkla Telephone Association, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT,
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-297A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-297A1.pdf
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Latino Telecom apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Latino Telecom, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-298A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-298A1.pdf
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Threshold apparently liable for a forfeiture of one thousand dollars ($1,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Threshold Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-299A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-299A1.pdf
- repeatedly violated section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Leflore apparently liable for a forfeiture of four thousand dollars ($4,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Leflore Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-302A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-302A1.pdf
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Legacy Long Distance apparently liable for a forfeiture of two thousand dollars ($2000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Legacy Long Distance International, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-303A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-303A1.pdf
- 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find M & L Enterprises apparently liable for a forfeiture of four thousand dollars ($4,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, M & L Enterprises, Inc. dba Skyline Telephone Co., Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-305A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-305A1.pdf
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Liberty apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Liberty Contracting and Consulting LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-306A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-306A1.pdf
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Call One apparently liable for a forfeiture of six thousand dollars ($6,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, United Communications Systems, Inc. dba Call One IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-308A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-308A1.pdf
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find McClure Telephone apparently liable for a forfeiture of one thousand dollars ($1,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, McClure Telephone Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-309A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-309A1.pdf
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find VDL apparently liable for a forfeiture of one thousand dollars ($1,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, VDL, Inc., d/b/a Global Telecom Brokers IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-310A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-310A1.pdf
- Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Millennium Digital Media Systems, LLC, dba Broadstripe apparently liable for a forfeiture of one thousand dollars ($1,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Millennium Digital Media Systems, LLC, dba Broadstripe IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-312A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-312A1.pdf
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Volunteer apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Volunteer First Services, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT,
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-315A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-315A1.pdf
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Commnet apparently liable for a forfeiture of four thousand dollars ($4,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Commnet Wireless, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-316A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-316A1.pdf
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Momentum Telecom, Inc. apparently liable for a forfeiture of six thousand dollars ($6,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Momentum Telecom, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-317A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-317A1.pdf
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Worldwide Marketing apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Worldwide Marketing Solutions, Incorporated, IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT,
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-318A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-318A1.pdf
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Angel Communications apparently liable for a forfeiture of one thousand dollars ($1,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Angel Communications LLC d/b/a Mr. Radio of Arizona Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate.
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-321A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-321A1.pdf
- 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Data Radio Management apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Data Radio Management Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-322A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-322A1.pdf
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find MacIntyre apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Scott C. MacIntyre IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-323A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-323A1.pdf
- 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Edward Adams Associates apparently liable for a forfeiture of four thousand dollars ($4,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Edward Adams Associates, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a complaint annual CPNI certificate. 13. IT IS FURTHER ORDERED
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-324A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-324A1.pdf
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Zicore apparently liable for a forfeiture of two thousand dollars ($2000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Zicore IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant to section
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-327A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-327A1.pdf
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find SI2Way apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, SI2Way, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant to
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-328A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-328A1.pdf
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Frank apparently liable for a forfeiture of six thousand dollars ($6,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Wayne Frank IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant to
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-331A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-331A1.pdf
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Hopper apparently liable for a forfeiture of one thousand dollars ($1,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, James T. Hopper IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-332A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-332A1.pdf
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Sherman apparently liable for a forfeiture of one thousand dollars ($1,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Arthur N. Sherman IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-333A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-333A1.pdf
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Telebeeper apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, TeleBEEPER of New Mexico, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-334A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-334A1.pdf
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Clifford Bade apparently liable for a forfeiture of one thousand dollars ($1,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Clifford Bade IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT, pursuant
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-335A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-335A1.pdf
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find National Brands apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, National Brands, Inc. d/b/a Sharenet Communications Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-337A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-337A1.pdf
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Netcarrier apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Netcarrier Telecom, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-338A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-338A1.pdf
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Network Innovations apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Network Innovations, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-340A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-340A1.pdf
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Nunn apparently liable for a forfeiture of one thousand dollars ($1,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Nunn Telephone Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-341A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-341A1.pdf
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find O.R. Knutson apparently liable for a forfeiture of one thousand dollars ($1000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, O.R. Knutson IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant to
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-342A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-342A1.pdf
- violated section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order. We find One Touch apparently liable for a forfeiture of six thousand dollars ($6,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, One Touch India LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000) for willfully or repeatedly violating section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT,
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-344A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-344A1.pdf
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Phillips County apparently liable for a forfeiture of one thousand dollars ($1,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Phillips County Telephone Company dba PC Telcom IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-347A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-347A1.pdf
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Prime Time Ventures apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Prime Time Ventures, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT,
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-348A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-348A1.pdf
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find PriorityOne apparently liable for a forfeiture of three thousand dollars ($3,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, PriorityOne Telecommunications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-349A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-349A1.pdf
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find ProCom apparently liable for a forfeiture of one thousand dollars ($1,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, ProCom LMR, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-350A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-350A1.pdf
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Protek apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Protek Leasing Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-352A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-352A1.pdf
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find DAR apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, DAR Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-357A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-357A1.pdf
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Santa Rosa apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Santa Rosa Communications, Ltd. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT,
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-358A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-358A1.pdf
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Santa Rosa apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Santa Rosa Telephone Cooperative, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-359A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-359A1.pdf
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Santel apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Santel Communications Cooperative, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT,
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-360A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-360A1.pdf
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Securetel apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Securetel Network Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-362A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-362A1.pdf
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Shreveport apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Shreveport Communications Service, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT,
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-367A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-367A1.pdf
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Dixville Telephone apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Dixville Telephone Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-36A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-36A1.pdf
- the investigation. In the absence of material new evidence relating to this matter, we conclude there are no substantial or material questions of fact as to whether T-Mobile possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by first class mail and certified mail return receipt requested to counsel for T-Mobile, David H. Solomon, Esq.,
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-370A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-370A1.pdf
- 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find E & F Telecom apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, E & F Telecom, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-371A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-371A1.pdf
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Eastern Colorado apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Eastern Colorado Independent Networks, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-372A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-372A1.pdf
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find EGIX apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, EGIX, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT, pursuant
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-373A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-373A1.pdf
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find SCTelcom apparently liable for a forfeiture of one thousand dollars ($1,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, South Central Wireless, Inc. dba SCTelcom IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-374A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-374A1.pdf
- 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Specialized Mobile Radio apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Specialized Mobile Radio, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-378A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-378A1.pdf
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find BKT apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, BKT Telecom Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-380A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-380A1.pdf
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find First Mile apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, E.Com Technologies, LLC dba First Mile Technologies IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-382A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-382A1.pdf
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Gabriel apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Gabriel Wireless, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-383A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-383A1.pdf
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find T2 Communications apparently liable for a forfeiture of one thousand dollars ($1,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, T2 Communications, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT,
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-384A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-384A1.pdf
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Ganoco apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Ganoco, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant to
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-385A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-385A1.pdf
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Telchin apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Telchin Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant to
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-386A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-386A1.pdf
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find General Mobile Radio apparently liable for a forfeiture of six thousand dollars ($6000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, General Mobile Radio IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-391A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-391A1.pdf
- the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Hartman Telephone Exchanges, Inc. apparently liable for a forfeiture of four thousand dollars ($4, 000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Hartman Telephone Exchanges, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED
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- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Highland apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Highland Communications, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT,
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- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find TeleSpan apparently liable for a forfeiture of one thousand dollars ($1,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, TeleSpan Carrier Access, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED
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- willfully or repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find each of the Companies apparently liable for a forfeiture of twenty thousand dollars ($20,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, each of the Companies listed in Appendix I of this Order are hereby LIABLE FOR A MONETARY FORFEITURE in the amount of twenty thousand dollars ($20,000) each for willfully or repeatedly violating section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit annual
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Long Lines possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Brent Olson, Long Lines Wireless, LLC, 501 4th St,
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- we conclude that Princess K Fishing Corporation willfully and repeatedly violated Section 80.89(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $5,500 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Princess K Fishing Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,500 for willfully and repeatedly violating Section 80.89(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- § 7206(1) (false statements on a tax return). Any further reference in this letter to ``your conviction'' refers to your thirteen count conviction. United States v. Ruben B. Bohuchot, Criminal Docket No. 3:07-CR-00167-L -1, Judgment (N.D. Tex. filed Nov. 14, 2008 and entered Nov. 17, 2008; amended Nov. 25, 2008) (``Ruben Bohuchot Judgment''). 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- federal funds and aiding and abetting), and 1956(h) (conspiracy to lauder monetary instruments). Any further reference in this letter to ``your conviction'' refers to your ten count conviction. United States v. Frankie Logyang Wong, Criminal Docket No. 3:07-CR-00167-L-2, Judgment (N.D. Tex. filed Nov. 14, 2008 and entered Nov. 17, 2008) (``Frankie Wong Judgment''). 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- 30, 2008) (``Ayer Plea Agreement''); United States v. Cynthia K. Ayer, 5:06-453 (001 MBS), Judgment (D. S.C. filed and entered Dec. 11, 2008) (``Ayer Judgment''). See also United States v. Cynthia K. Ayer, Criminal Docket No. 5:06-453 (001 MBS), Indictment (D. S.C. filed Apr. 19, 2006 and entered Apr. 20, 2006) (``Ayer Indictment''). 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- further find, however, that a downward adjustment of the proposed forfeiture from $16,000 to $12,800 is warranted because SES made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations prior to any Commission inquiry or initiation of enforcement action. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, SES Americom, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand eight hundred dollars ($12,800) for the willful and repeated violation of Section 301 of the Act and Section 25.102(a) of the Rules and for the willful violation of the requirement to timely file a modification
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- Commission's inquiry in this case, because such post-facto remedial efforts are not mitigating. Based on all the circumstances, and after examining forfeiture actions in other recent underwriting cases, including that cited above, we believe that a forfeiture of $5,000 is appropriate. IV. ORDERING CLAUSES 12. ACCORDINGLY, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Jones College, licensee of noncommercial educational Station WKTZ-FM, Jacksonville, Florida, is hereby NOTIFIED OF ITS APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. § 399b, and Section 73.503 of the Commission's rules, 47 C.F.R. §
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- of $2,500 is appropriate. Accordingly, applying the Forfeiture Policy Statement and the statutory factors to this case, we conclude that Ministerio is apparently liable for a forfeiture in the amount of $2,500 for willfully and repeatedly violating the Commission's Underwriting Rules. IV. ORDERING CLAUSES 10. ACCORDINGLY, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Ministerio Radial Cristo Viene Pronto, Inc., licensee of noncommercial educational Station WCRP(FM), Guayama, Puerto Rico, is HEREBY NOTIFIED OF ITS APPARENT LIABILITY FOR A FORFEITURE in the amount of $2,500 for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. § 399b, and Section 73.503 of the
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- Policy Statement and the statutory factors to this case, we conclude that Independence is apparently liable for a forfeiture in the amount of two thousand five hundred dollars ($2,500) for willfully and repeatedly violating the Commission's underwriting rules. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Independence Public Media of Philadelphia, Inc., licensee of noncommercial educational television Station WYBE(TV), Philadelphia, Pennsylvania, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand five hundred dollars ($2,500) for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. § 399b
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- of repetitions is substantially fewer and the period of time over which they aired is substantially less. Based on all the circumstances, and after examining forfeiture actions in other recent underwriting cases, we believe that a forfeiture of $2,500 is appropriate. IV. ORDERING CLAUSES 11. ACCORDINGLY, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, Cayuga County Community College, licensee of noncommercial educational Station WDWN(FM), Auburn, New York, is hereby NOTIFIED OF ITS APPARENT LIABILITY FOR A FORFEITURE in the amount of $2,500 for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. § 399b, and Section 73.503 of the Commission's rules,
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- Accordingly, applying the Forfeiture Policy Statement and the statutory factors to this case, we conclude that PRC is apparently liable for a forfeiture in the amount of twenty thousand dollars ($20,000) for apparently willfully and repeatedly violating the Commission's underwriting rules. IV. ORDERING CLAUSES 14. ACCORDINGLY, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Power Radio Corporation, licensee of noncommercial educational Station KXPW-LP, Georgetown, Texas, IS HEREBY NOTIFIED OF ITS APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. § 399b, and Sections 73.503 and 73.801 of
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- find, however, that a downward adjustment of the proposed forfeiture from $16,000 to $12,800 is warranted because Discovery made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations but prior to any Commission inquiry or initiation of enforcement action. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Discovery World Television, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand eight hundred dollars ($12,800) for willful and repeated violation of Section 301 of the Act and Section 25.201(a) of the Rules and for willful violation of Section 25.121(e) of the Rules. IT IS FURTHER
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- Capital Line's willful or repeated violation of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 180(f)(4) of the Commission's rules, 47 C.F.R. §1.80(f)(4), and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Capital Line IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $18,000 for willful or repeated violations of section 227(b)(1)(B) of the Act, 47 U.S.C. § 227(b)(1)(B), section 64.1200(a)(2) of the Commission's rules, 47 C.F.R. § 64.1200(a)(2), and the related orders described
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether PinPoint possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested,
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Modena Advertising, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $18,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders as described
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether 6 Johnson Road possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against 6 Johnson Road before the Commission related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that a
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- warranted due to Lockheed Martin's voluntary disclosure of the violations. The Commission has considered voluntary disclosure to be a mitigating factor where the licensee brings a violation to the attention of the Commission immediately upon its discovery and before any Commission action is taken. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Lockheed Martin Corporation IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-four thousand eight hundred dollars ($24,800) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
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- above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Skalecki willfully and repeatedly violated Section 301 of the Act and that the $10,000 forfeiture proposed in the NAL is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Steven A. Skalecki IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,00) for violation of Section 301 of the Act. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Account Number
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- our investigation raises no substantial or material questions of fact as to whether Yukon-Waltz possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization including that required to be an authorized common carrier. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Thomas J. Moorman, Esq., Woods & Aitken LLP,
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- is warranted. Accordingly, we find that Hannspree has willfully and repeatedly violated Section 15.117(i)(1)(iii) of the Rules, and that a forfeiture in the amount of $12,450 is appropriate, and that Hannspree is not entitled to a reduction in the amount proposed by the NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Hannspree North America, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand four hundred and fifty dollars ($12,450) for willful and repeated violation of Section 15.117(i)(1)(iii) of the Rules. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission.
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Intel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Peter K. Pitsch, Associate General Counsel, Intel Corporation, 1634
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Hughes possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Stephen D. Baruch, Senter & Lerman PLLC, 2000
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- we deny MetroPCS' Motion for Sanctions. ordering clauses IT IS ORDERED, pursuant to sections 4(i), 4(j), 201, 208, and 332 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 201, 208, and 332, and sections 1.721-1.736, 20.11, and 51.711 of the Commission's rules, 47 C.F.R. §§ 1.721-1.736, 20.11, and 51.711, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Count I of the Complaint is DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), 201, 202, 208, 251(b)(5), and 332 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 201, 202, 208, 251(b)(5), and 332, and sections 1.721-1.736, 51.301 and
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- that Saga willfully and repeatedly violated Section 301 of the Act and Section 25.102(a) of the Rules and willfully violated Section 25.121(e) of the Rules and find that no mitigating factors have been presented that warrant cancellation or reduction of the proposed $5,200 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Saga Radio Networks, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand two hundred dollars ($5,200) for willful and repeated violation of Section 301 of the Act and Section 25.102(a) of the Rules and willful violation of Section 25.121(e) of the Rules. Payment of the forfeiture shall be made in
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Inmate possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Thomas J. Navin, Esq., Wiley Rein LLP, 1776
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- need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the July 2008 and March 2009 Motions ARE GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Lisa B. Griffin Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 1 Formal Complaint, File No. EB-07-MD-005 (filed Dec. 28, 2007) (``Complaint'').
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- (10) days of the release of this Notice of Apparent Liability for Forfeiture and Order. Failure to do so may constitute an additional violation subjecting WorldNet to further penalties, including potentially higher monetary forfeitures. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Rules, WorldNet, L.L.C. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for its willful violation of a Commission Order. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture
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- the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization, however, Halifax has agreed to refrain from applying for any new licenses for a five-year period, as stated in the Consent Decree. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the eight thousand one hundred dollar ($8,100) forfeiture imposed in the June 30, 2008 Forfeiture Order IS CANCELLED. IT IS FURTHER ORDERED that Halifax Christian Community Church, Inc. SHALL NOTIFY the Media Bureau of
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. Bright House alleges that it could not have responded fully to the LOI because the amount of time allowed for the preparation of the company's LOI response was too brief. Certain complaints received by the Commission regarding the migration of analog programming to a digital tier, however, allege that cable operators were falsely linking the programming changes
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- the investigation. In the absence of material new evidence relating to this matter, we conclude there are no substantial or material questions of fact as to whether Arkion possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Seyamak Keyghobad, Chief Executive Officer, Arkion Systems, LLC, 230
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. We reject Cox's contentions that it was not obligated to respond fully and completely to the Bureau's inquiry because it believes the LOI violates the PRA and is unenforceable. According to Cox and a letter submitted by the National Cable & Telecommunications Association, the Commission has violated the PRA by sending similar inquiries to 10 or more
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- result of our review, we reduce the forfeiture associated with the unlicensed STL violation to $4,000 and conclude that a reduction of the proposed total forfeiture to $9,600 is warranted, based on Bethune-Cookman's history of compliance with the rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Bethune-Cookman College, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of nine thousand six hundred dollars ($9,600) for violations of Section 301 of the Communications Act, and Section 11.35(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. We reject Charter's argument that the LOI raises ``serious procedural and due process concerns.'' Charter ``associates itself'' with a letter submitted by the National Cable & Telecommunications Association (``NCTA''). According to that letter, the Commission has violated the Paperwork Reduction Act by sending similar inquiries to 10 or more persons without first seeking notice and comment and
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. Harron alleges that it could not have responded fully to the LOI because the amount of time allowed for the preparation of the company's LOI response was too brief for it to arrange for the necessary disclosure of confidential material responsive to Question 8b. Certain complaints received by the Commission regarding the migration of analog programming to
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- local telephone number was listed. ICTI has also continuously for more than four years failed to maintain a meaningful staff presence at the station's main studio. We therefore propose a forfeiture in the amount of $9,000 for ICTI's willful and repeated violation of Section 73.1125. ordering clauses ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, Indianapolis Community Television, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $9,000 for willfully and repeatedly violating Section 73.1125 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release of this NAL, Indianapolis
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. As noted above, Comcast alleges that it could not have responded fully to the LOI because the amount of time allowed for the preparation of the company's LOI response was too brief. Certain complaints regarding the migration of analog programming to a digital tier, however, allege that the cable operators are falsely linking the programming changes with
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. We reject Suddenlink's contentions that it was not obligated to respond fully and completely to the Bureau's inquiry because it believes the LOI violates the PRA and is therefore unenforceable. According to Suddenlink and a letter submitted by NCTA, the Commission has violated the PRA by sending similar inquiries to 10 or more persons without first seeking
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. We reject TWC's contentions that it was not obligated to respond fully and completely to the Bureau's inquiry because it believes the LOI violates the PRA and is therefore unenforceable. According to TWC and a letter submitted by the National Cable & Telecommunications Association, the Commission has violated the PRA by sending similar inquiries to 10 or
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- should be reduced. The NAL was sent by certified mail to 1st United's last known address. 1st United has not filed a response to the NAL nor has 1st United paid the proposed forfeiture amount. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 180(f)(4) of the Rules, 1st United Tel-Com, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of four thousand dollars ($4,000) for willfully and repeatedly violating Section 503 of the Act and Section 1.80 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in section
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- 76.939. This forfeiture amount is consistent with precedent in similar cases, where companies failed to provide responses to Bureau inquiries concerning compliance with the Commission's rules despite evidence that the LOIs had been received.. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Commissions Rules, Time Warner Cable, Inc. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for its willful violation of a Commission Order and Section 76.939 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) days of the release
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- $22,500. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, that the Petition for Reconsideration filed by Rama Communications, Inc. IS GRANTED IN PART AND DENIED IN PART . IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Rama Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty two thousand five hundred dollars ($22,500) for violation of Sections 17.50, 73.49, 73.1745(a) and 73.3526 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- 76.939. This forfeiture amount is consistent with precedent in similar cases, where companies failed to provide responses to Bureau inquiries concerning compliance with the Commission's rules despite evidence that the LOIs had been received. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Commissions Rules, Time Warner Cable, Inc. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for its willful violation of a Commission Order and Section 76.939 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) days of the release
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- 76.939. This forfeiture amount is consistent with precedent in similar cases, where companies failed to provide responses to Bureau inquiries concerning compliance with the Commission's rules despite evidence that the LOIs had been received. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Commissions Rules, Cox Communications, Inc. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for its willful violation of a Commission Order and Section 76.939 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) days of the release date
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. We reject Midcontinent's contentions that it was not obligated to respond fully and completely to the Bureau's inquiry, because it believes the Commission lacks the authority to seek the information in the LOI. As stated above, the Commission has broad investigatory authority, and Midcontinent is obligated to respond to our inquiries, even if it believes them to
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- message to the consumer identified in the Appendix. We have further determined that One Stop Motors, Inc. is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that One Stop Motors, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(B) of the Communications Act, 47 U.S.C. § 227(b)(1)(B), sections 64.1200(a)(2) of the Commission's rules, 47 C.F.R. § 64.1200(a)(2), and the related
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- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Bela possesses the basic qualifications, including but not limited to those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111. and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaints against Bela before the Enforcement Bureau related to the above captioned investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS
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- we turn to analogous precedent relating to unauthorized operations. Consistent with this precedent, we upwardly adjust the base forfeiture by $1000 per violation, i.e., from $4000 to $5000. Thus, we propose a total forfeiture of $15,000 ($5,000 x 3 stations). IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, and 1.80 of the Rules, CruiseEmail IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willfully and repeatedly violating Section 301 of the Act and Section 1.903(a) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release
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- not uploaded on the Commission's database. Accordingly, we find that Freedom Communications did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of four thousand dollars ($4,000) issued to Tennessee Telephone Service, LLC d/b/a Freedom Communications USA, LLC in the February 26, 2009 Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class
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- revenues are the best indicator of an ability to pay a forfeiture. We have reviewed Nierman's and Kakadu's documentation and conclude that a reduction of the forfeiture to $4,500 is warranted based on Nierman's and Kakadu's inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Mark Nierman and Kakadu Productions, Inc. ARE JOINTLY AND SEVERALLY LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand five hundred dollars ($4,500) for violations of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Eight Friends. Eight Friends has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Eight Friends IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. with any questions regarding payment procedures. Eight Friends shall also send electronic notification on the date said payment is made to NER-Response@fcc.gov. IT IS FURTHER ORDERED that a copy of
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- rules concerning advertising on noncommercial stations. The nature of the violations here reflects an unacceptable disregard for that duty and we intend to deter such behavior in the future by appropriate necessary means, including substantially higher forfeitures. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, National Farm Workers Service Center, Inc., licensee of noncommercial educational television Station KUFW (FM), Woodlake, California, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $12,500 for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. § 399b and Section 73.503(d) of
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- issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Paisa. Paisa has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Paisa IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. with any questions regarding payment procedures. Paisa shall also send electronic notification on the date said payment is made to NER-Response@fcc.gov. IT IS FURTHER ORDERED that a copy of this Order
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- and severally to Delroy Johnson, Paul Parara, and Richard Parara. Neither Delroy Johnson, Paul Parara, nor Richard Parara has filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Delroy Johnson, Paul Parara, and Richard Parara ARE JOINTLY AND SEVERALLY LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. with any questions regarding payment procedures. Delroy Johnson, Paul Parara, and Richard Parara shall also send electronic notification on the date said
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether QCC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b)of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-referenced investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class certified mail, return receipt requested, to Harisha J. Bastiampillai, Esq., Senior Attorney, Qwest Communications Company, LLC,
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- and repeated violations of section 64.1200(c)(2) of the Commission's rules and related orders, for the reasons set forth in the NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that AZ Prime One Mortgage Corporation IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $20,000 for willfully and repeatedly violating section 64.1200(c)(2) of the Commission's rules, 47 C.F.R. § 64.1200(c)(2), as described in the paragraphs above. with any questions regarding payment procedures.
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- Michele Levy Berlove, Acting Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1477 and by e-mail at Michele.Berlove@fcc.gov. Sincerely, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: United States Attorney's Office, Department of Justice (via e-mail) Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) 47 C.F.R. § 54.8(g) (2008). See also 47 C.F.R. § 0.111(a)(14). Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Benjamin Rowner, Notice of Suspension and Initiation of Debarment Proceedings, 25 FCC Rcd 3512 (Inv. & Hearings Div., Enf. Bur. 2010) (Attachment 1) (``Notice of Suspension''). 75 Fed. Reg. 20846 (April 21, 2010). See Notice of Suspension, 25 FCC Rcd at 3513-15. See
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- Michele Levy Berlove, Acting Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1477 and by e-mail at Michele.Berlove@fcc.gov. Sincerely, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: United States Attorney's Office, Department of Justice (via e-mail) Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) 47 C.F.R. § 54.8(g) (2008). See also 47 C.F.R. § 0.111(a)(14). Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Jay H. Soled, Notice of Suspension and Initiation of Debarment Proceedings, 25 FCC Rcd 3517 (Inv. & Hearings Div., Enf. Bur. 2010) (Attachment 1) (``Notice of Suspension''). 75 Fed. Reg. 20844 (April 21, 2010). See Notice of Suspension, 25 FCC Rcd at 3518-21.
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether BBG Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CMC Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether DialToneServices possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Faircall Corporation possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1133A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1133A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether GLC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1134A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1134A1.pdf
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Impact Network Solutions possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NWT possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NovoLink Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1138A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1138A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Opcom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1140A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1140A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Orlando possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Quasar Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1142A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1142A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tele Uno possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1182A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1182A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Arkadin possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1183A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1183A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Clarksville Mutual possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1184A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1184A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Ritter possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1185A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1185A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Lamar possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1186A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1186A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Michigan Access possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1187A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1187A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Reinbeck Municipal possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1188A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1188A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether US Telesis possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1192A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1192A1.pdf
- 5 of its Request for Resolution. ordering clauses Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201, 208, and 209 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201, 208, and 209, and sections 1.727 and 64.1300-64.1320 of the Commission's rules, 47 C.F.R. §§ 1.727, 64.1300-64.1320, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Request for Resolution on the Pleadings IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 209 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and 209, and sections 1.720-1.736 and 64.1300-64.1320 of the Commission's
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- the absence of material new evidence relating to this matter, we conclude that the Bureau's investigations raise no substantial or material questions of fact as to whether GIT possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, Ginger Washburn, President, Global Information Technologies, GIT Satellite LLC,
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- that are authorized but improperly labeled. Consistent with this precedent, we propose a forfeiture of $4,000 against Wi-Ex for its marketing of improperly labeled boosters in apparent willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. iV. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Wi-Ex IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for marketing radio frequency devices that are not labeled in accordance with Section 2.925(a)(1) of the Rules, in willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. IT IS
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- that are authorized but improperly labeled. Consistent with this precedent, we propose a forfeiture of $4,000 against Cellphone-Mate for its marketing of improperly labeled amplifiers in apparent willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. iV. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Cellphone-Mate IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for marketing radio frequency devices that are not labeled in accordance with Section 2.925(a)(1) of the Rules, in willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. IT IS
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- $60,000 for Alpheus's failure to file a timely Notification and a timely Initial Communications Outage Report for a reportable network outage in apparent willful and repeated violation of Section 4.9(f) of the Rules. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Rules, Alpheus Communications, LP is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of sixty thousand dollars ($60,000) for its willful and repeated violations of Section 4.9(f) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) days of the release date of this
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Huawei possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jiangao Cui, Senior Vice President, Futurewei Technologies Inc.,
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- matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Myers is apparently liable for a forfeiture in the amount of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Christopher M. Myers is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether BroadRiver possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether B W Telcom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1300A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1300A1.pdf
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Comteck of Indiana possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1301A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1301A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Communications 1 possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1302A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1302A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Craw-Kan possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether DTC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1304A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1304A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether FiberComm possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Glenwood possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1306A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1306A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Hamilton possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1307A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1307A1.pdf
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Home Long Distance possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1308A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1308A1.pdf
- In response to the Omnibus NAL, each of the companies listed in the Appendix provided evidence that they had, in fact, timely submitted a CPNI certification filing for the 2007 calendar year. Accordingly, we find that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeitures in the Omnibus NAL against the companies in the attached Appendix WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS COMMISSION
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Qomo possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Qomo before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that a copy of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether GlobalNova possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1327A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1327A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Horizon possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1328A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1328A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether KeyArt possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1329A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1329A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether MTC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1330A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1330A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NNTC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1331A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1331A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Nunn Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1332A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1332A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Phillips possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1333A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1333A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Pioneer possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1334A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1334A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether RTE possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1335A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1335A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Prairie Networks possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1336A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1336A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Toledo possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1337A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1337A1.pdf
- conclude that our investigation raises no substantial or material questions of fact as to whether Mutual Telephone Company or Vernon Communications possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1338A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1338A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether WUE possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1339A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1339A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Andina Corporation possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1340A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1340A1.pdf
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Answer Fort Smith possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1346A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1346A1.pdf
- issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Blake. Blake has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Dexter Blake IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. with any questions regarding payment procedures. Blake shall also send electronic notification on the date said payment is made to NER-Response@fcc.gov. IT IS FURTHER ORDERED that a copy of this
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Korea Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CMOLS possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1371A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1371A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tri-State possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1372A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1372A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Bingo possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1374A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1374A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Advanced Paging possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1375A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1375A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Airwaves Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1376A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1376A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Axxis Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-138A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-138A1.pdf
- to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation or reduction of the $10,000 forfeiture proposed for these violations. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ayustar Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested to Ayustar Corporation at its address
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-143A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-143A1.pdf
- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether XIT possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Marjorie Spivak, Esq., counsel for Texas RSA 1
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- indicator of an ability to pay a forfeiture. We have reviewed LSM Radio's submitted documentation and conclude that the forfeiture should be reduced to $8,500, based on its documented inability to pay the forfeiture amount proposed in the NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, LSM Radio Partners, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand five hundred dollars ($8,500) for violations of Section 11.35(a) and 73.1125(a) of the Rules. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Dialaround possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1452A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1452A1.pdf
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether River City Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1458A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1458A1.pdf
- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Hearst possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Hearst Stations, Inc., Stephen Hartzell, Esq., Brooks,
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1472A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1472A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Western Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1473A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1473A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Westside Paging possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1474A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1474A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Ray's Electronics possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1475A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1475A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Page Plus possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1476A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1476A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Mobile Radio possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1477A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1477A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Huffman possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1478A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1478A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Kotana Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1479A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1479A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Teleplex possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1480A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1480A1.pdf
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Matthews Answering Service possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1481A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1481A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Lancaster Radio possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1482A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1482A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Rio Networks possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1484A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1484A1.pdf
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether International Satellite Services possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1485A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1485A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Westel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1486A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1486A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether eKit.com possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1487A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1487A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CresComm possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1488A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1488A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Alpha Message possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1489A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1489A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Clark Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1490A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1490A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Bryan 800 possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1491A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1491A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Cottonwood Holdings possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1499A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1499A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Fones West possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1500A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1500A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Janaslani possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1501A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1501A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Fluent possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1502A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1502A1.pdf
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether The Money Store possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1503A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1503A1.pdf
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether The Contact Network possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1504A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1504A1.pdf
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Total Communication Systems possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1505A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1505A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Basin Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1506A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1506A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Telstar possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1507A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1507A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Terral Telephone possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1508A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1508A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Signal Telecommunications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1511A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1511A1.pdf
- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Kannad possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Kannad, Daniel Brenner, Esq., Hogan Lovells US
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1524A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1524A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether KLM possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1526A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1526A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Ninetel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1527A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1527A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Oratel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ONS-Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether David L. English possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Communications Specialists possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Flower City possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether C & C possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether B & C Mobile possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Relay Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Aroostook possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-153A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-153A1.pdf
- with FCC rules is unblemished. Based on Gaston College's history of compliance and the circumstances of this case, we find that a reduction of the forfeiture amount on that basis to $8,000 is appropriate. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Section 1.80 of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Gaston College IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 (Eight Thousand Dollars) for its willful and repeated violation of Section 73.3527 of the Commission's rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the rules within 30 days of the release of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Lloyd Hoff possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Lucky Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1570A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1570A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Quick-Tel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1571A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1571A1.pdf
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NexGen Integrated Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1572A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1572A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Iscom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Innovative Processing possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether GlobalPhone possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether GeoNet possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Gateway Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether First Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Ezequiel Guido possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Circle Telephone possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Carolina possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1584A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1584A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Allcom Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1592A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1592A1.pdf
- history of prior offenses, ability to pay, and other such matters as justice may require. Taking this standard into account, and based upon the facts and circumstances presented here, we find that a forfeiture in the amount of $4,000 is appropriate in this case. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, that Nassau Broadcasting III, L.L. C., licensee of Station WWEG(FM), Myersville, Maryland, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for apparently willfully and repeatedly violating Section 73.1216 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty
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- to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation or reduction of the $10,000 forfeiture proposed for this violation. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jerry and Deborah Stevens ARE LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested to Jerry and Deborah
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- aggravating factors. Based on the precedent cited herein and applying the factors set forth in section 503(b)(2)(E) of the Act and section 1.80 of the Rules, we conclude that Turner is apparently liable for a total forfeiture of $16,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Rules, Turner Broadcasting System, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for apparently willfully violating section 310(d) of the Act and sections 25.119 and 1.948 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, that within
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CBS possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b)of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-referenced investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that the third-party complaint against CBS before the Bureau related to the above-captioned investigation as of the date of this Consent
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether New Talk possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- is warranted. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Ms. Lubin is apparently liable for a forfeiture in the amount of twenty thousand dollars ($20,000). ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Nounoune Lubin is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether World Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Global Connect possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Courtesy Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether VIP Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether International Telnet possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Range Corporation possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Madera Radio possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Suncoast possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1687A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1687A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tri-Caps possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1688A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1688A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TTI Comm possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1706A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1706A1.pdf
- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Nex-Tech possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jeff Wick, Chief Operating Officer, Nex-Tech, Inc., 2418 Vine
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- Office (``Miami Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Myers. Mr. Myers has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Christopher M. Myers IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 301 of the Act. with any questions regarding payment procedures. Mr. Myers will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaint against the Licensee before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree IS DISMISSED. IT IS FURTHER ORDERED that a
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- absence of material new information not previously disclosed to the Bureau, we conclude that our investigations raise no substantial or material questions of fact as to whether Purple possesses the basic qualifications to hold or obtain a Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau 47 U.S.C. §§ 154(i). 47 C.F.R. §§ 0.111, 0.311. (...continued from previous page) (continued....) Federal Communications Commission FCC 10-1734 Federal Communications Commission DA 10-1734 ¨ F
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Audio-Video possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Teton possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Mobile Phone of Oklahoma possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Chapin Long Distance possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Lunex Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Maverick Media possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether McBlue possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Metro Beeper possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Milbank Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Cordova possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- an upward adjustment is warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that American Taxi is apparently liable for a forfeiture in the amount of $20,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Rules, American Taxi Shuttle and Limo, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violation of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this
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- In the absence of material new evidence relating to this matter, we conclude that our investigations raise no substantial or material questions of fact as to whether Globalstar possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Gregory J. Vogt, Law Offices of Gregory J. Vogt,
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Telecom Argentina possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Beeper People possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Texapage possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Valley Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether World Communication Center possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tim Ron Enterprises possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Radio Communications of Charleston possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Westar possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1828A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1828A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Leflore possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1829A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1829A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether X5 Solutions possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matters
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1830A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1830A1.pdf
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Premiere Communications Systems possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1831A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1831A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Lectronics possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1832A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1832A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Hello Pager possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1833A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1833A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether RCC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1834A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1834A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ARN possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1835A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1835A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether LaVergne's possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1841A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1841A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Keystone Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1842A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1842A1.pdf
- the NAL, Amp'd Mobile provided evidence that it did not begin to provide service until January 2006, and therefore was not required to file CPNI certifications for the years prior to 2006. Accordingly, we find that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture in the NAL WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Amp'd Mobile, Inc. to its address of record. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers
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- granted an opportunity to show, in writing, why no such forfeiture should be imposed. In response to the NAL, Oneida provided evidence that it was in compliance with the Commission's CPNI rules. Accordingly, we find that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture in the NAL WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Oneida County Rural Telephone Co. to its address of record. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief
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- for its apparent violation of the Commission's rules by failing to prepare and maintain a CPNI certification that complies with section 64.2009(e). CTI filed for bankruptcy protection and is no longer active. We therefore find that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture in the NAL WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Capital Telecommunications, Inc. to its address of record. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers
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- to show, in writing, why no such forfeiture should be imposed. In response to the NAL, Key provided evidence that it was no longer a Commission licensee when the NAL was issued. Accordingly, we find that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture in the NAL WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Key Communications, LLC d/b/a West Virginia Wireless to its address of record. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant
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- an opportunity to show, in writing, why no such forfeiture should be imposed. In response to the NAL, Mechanicsville Telephone provided evidence that it was in compliance with the Commission's CPNI rules. Accordingly, we find that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture in the NAL WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Mechanicsville Telephone Company to its address of record. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaint pending before the Enforcement Bureau against the Licensee related to the above-captioned investigation as of the date of this Consent Decree IS DISMISSED. 8. IT IS FURTHER
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Peconic possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaint pending before the Enforcement Bureau against Peconic related to the above-captioned investigation as of the date of this Consent Decree IS DISMISSED. 8. IT IS FURTHER ORDERED
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- material questions of fact as to whether Puerto Rico Telephone Company, Inc., and its parent, América Mķvil, S.A.B. de C.V., possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class certified mail, return receipt requested, to Michael G. Jones, Esquire, Willkie Farr & Gallagher LLP, 1875 K Street,
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- 4. In the absence of material new evidence relating to this matter, we conclude there are no substantial or material questions of fact as to whether Callaway possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Callaway Golf Company, Terry Mahn
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Telephone Answering Service possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Alaska Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ATL Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1901A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1901A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CSM Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1902A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1902A1.pdf
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CTI Long Distance possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1907A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1907A1.pdf
- and the Rules. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Morris is apparently liable for a forfeiture in the amount of fifteen thousand dollars ($15,000). ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Rules, Lloyd Morris is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of Apparent
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- and the Rules. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Brown is apparently liable for a forfeiture in the amount of fifteen thousand dollars ($15,000). ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Rules, Robert Brown is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice of Apparent
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- year 2007. Accordingly, we find that the companies listed in the Appendix did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeitures issued to the companies in the attached Appendix WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Easterbrooke Cellular possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ComTech21 possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether North Bell Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Go Solo Technologies possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CloseCall possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1927A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1927A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether KK Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1928A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1928A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Midwestern possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1929A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1929A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Com-Nav possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1930A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1930A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Cook Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1939A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1939A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether 01 Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1940A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1940A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Manchester-Hartland possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1941A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1941A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Midwest Management possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1943A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1943A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ProPage possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1944A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1944A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Standard Electronics possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1961A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1961A1.pdf
- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether VisionTek possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against VisionTek before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that a copy of this
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1962A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1962A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether X2 Comm possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1963A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1963A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Nova Cellular possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1964A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1964A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Pete's Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1965A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1965A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Omnicom Paging possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1966A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1966A1.pdf
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether North Sight Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1978A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1978A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Go2tel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1979A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1979A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether FullTel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1980A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1980A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tel Tec possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1981A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1981A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tularosa possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1982A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1982A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether LTS possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1983A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1983A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Magellan possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1984A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1984A1.pdf
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether American Page Network possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1985A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1985A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Ruddata possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1986A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1986A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tele-Beep Paging possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1987A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1987A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TRI-M Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-19A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-19A1.pdf
- this case, the statutory factors, and the matters raised by the Licensee in response to the NAL, we affirm the NAL and issue a forfeiture in the amount of $4,000. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80 of the Commission's Rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, that Rejoynetwork, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for repeated and willful violation of Section 73.1206 of the Commission's Rules, 47 C.F.R. § 73.1206, as described in the paragraphs above and in the NAL. . IT IS FURTHER ORDERED, that a copy of this FORFEITURE
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2017A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2017A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Mountain Paging possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2018A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2018A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Dixie-Net possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2019A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2019A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Litecall possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2020A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2020A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether BendTel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2021A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2021A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Biddeford possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2022A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2022A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TelNet Worldwide possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2023A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2023A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Web Fire possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Indigo Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matters
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2025A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2025A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Raycom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2026A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2026A1.pdf
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether T/A Apartment Services possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2027A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2027A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Shorelink possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2028A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2028A1.pdf
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether General Dynamics-Satellite Communication Services possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2030A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2030A1.pdf
- other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80, and the statutory factors to the instant case, we conclude that Vicot Chery is apparently liable for a forfeiture in the amount of $10,000. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Rules, Vicot Chery is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act. 10. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) days of the release date of this Notice of Apparent
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2043A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2043A1.pdf
- that a reduction of the proposed forfeiture is warranted. Accordingly, pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we reduce the forfeiture to $3,500, based on Stone/Collins' inability to pay the proposed forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Stone/Collins Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand five hundred dollars ($3,500) for violations of Sections 73.49 and 73.3526 of the Rules. on the date said payment is made. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and
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- that a reduction of the proposed forfeiture is warranted. Accordingly, pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we reduce the forfeiture to $5,500, based on Rodgson's inability to pay the proposed forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Rodgson, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand five hundred dollars ($5,500) for violations of Sections 11.35, 73.49 and 73.3526 of the Rules. on the date said payment is made. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Delta possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class certified mail, return receipt requested, to Alan Tilles, Esquire, Shulman, Rogers, Gandal, Pordy & Ecker, PA, 12505 Park
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether St. Olaf possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2053A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2053A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Outfitter Satellite possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2054A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2054A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether A.M.S. Voicecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2055A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2055A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Sumrada possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2056A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2056A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Huntleigh Telecommunications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2057A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2057A1.pdf
- 227 of the Act and the Commission's related rules and orders, for the reasons set forth in the NAL. III. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Meridian Marketing Group Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government for the sum of $18,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by adopting the Consent Decree and terminating the referenced investigation. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Verizon
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- such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Beacon is apparently liable for a forfeiture in the amount of $18,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Beacon Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for violations of Sections 73.3526(e)(12), 73.1745(a) and 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
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- statutory factors to the instant case, we conclude that Mapleton is apparently liable for a forfeiture in the amount of $10,000. We caution Mapleton that further violations of the public file rule may meet with even more severe penalties. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Mapleton License of San Luis Obispo, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Advanced possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2135A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2135A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Answerphone Services possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2136A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2136A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Utility possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2137A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2137A1.pdf
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Reserve Telephone possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matters
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2138A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2138A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Bluegrass possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2139A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2139A1.pdf
- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Shared Data possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to William P. Cook and Robert G. Allen, P.C.,
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether PTI Pacifica possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Larry Knecht, Chief Financial Officer, P.O. Box 500306
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- of material new evidence relating to this matter, we conclude that the Bureau's investigations raise no substantial or material questions of fact as to whether PageData and WaveSent possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, Joseph McNeal, Manager, PageData LLC/WaveSent LLC, 6610 Overland Road,
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- specific action(s) taken to correct each of the cited violations and preclude recurrence, and specifying when the corrective actions were taken. We caution Mr. Smith that future violations of our rules may subject him to more severe enforcement penalties. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Daniel D. Smith is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of Sections 11.35(a), 17.47, 17.50 and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether 3U Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2174A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2174A1.pdf
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Mobilephone of Humboldt possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2175A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2175A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ImOn possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Professional Answering Service possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether User Centric possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Norlight possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to John Chuang, Corporate Counsel, Norlight, Inc., 8829 Bond Street,
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Custom Tel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Global Tech possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether HUB Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Mountain Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Telegration possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- conclude that our investigations raise no substantial or material questions of fact as to whether AT&T possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and the authority delegated by Section 0.111 and 0.311 of the Commission's rules, 47 CFR §§ 0.111 and 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned matter IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to AT&T Services, Inc., 1120
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- and affirm the forfeiture in the amount of $10,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, that the petition for reconsideration filed by Ayustar Corporation IS DENIED. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Ayustar Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Act. on the date said payment is made. IT IS FURTHER ORDERED that this Memorandum Opinion and Order shall be sent by regular mail and by certified mail,
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Liberty-Bell possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Edward S. Quill, Jr., Strategies Law Group, PLLC,
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- is apparently liable for a forfeiture in the amount of $10,000. We further order J.M.J. Radio to submit a sworn written statement within 30 days of this NAL that it is now in compliance with the Main Studio Rule. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, J.M.J. Radio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 73.1125(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Parker FiberNet possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ComputerPro possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Unitycomm possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- describing the specific action(s) taken to correct the cited violation and to preclude recurrence, and specifying when the corrective action(s) were taken. We caution Coss that future violations of our rules may subject him to more severe enforcement penalties. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Donald D. Coss is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for apparently willfully and repeatedly violating Section 73.1745(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
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- repeated violation of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that General Equipment & Supply IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $4,500 for willfully or repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- and based upon additional information provided by the companies, we agree that each of the companies listed in the Appendix were not required to file a CPNI certification for calendar year 2007. Consequently, we find that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether RF Linx possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against RF Linx before the Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that a copy
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether XO possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Steve Nocella, Senior Vice President, Network Services, XO Communications,
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- forfeitures, due to the seriousness and repeated nature of the violations. In addition, we caution Mr. de Almeida that further violations of our rules may be subject to more severe enforcement penalties, including seizure of equipment and criminal sanctions. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Adilson Alves de Almeida IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven hundred fifty dollars ($750) for violations of Section 301 of the Act. . IT IS FURTHER ORDERED that a copy of this Order shall be sent both by First Class and by Certified Mail Return Receipt Requested to
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- determined are apparently violating the junk fax rules. We therefore conclude that the forfeiture proposed in the NAL should not be imposed. ordering clauses ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Section 1.80(f)(4) of the Commission's Rules, 47 C.F.R. § 1.80(f)(4), and under the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, the proposed forfeiture in the amount of $13,500 issued to CyberData, Inc. in the July 18, 2007 Notice of Apparent Liability for Forfeiture for willful and repeated violations of a Commission order WILL NOT BE IMPOSED. 8. IT IS FURTHER ORDERED that a copy of this Order shall be
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaint and allegations against the Station and/or the Licensee before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED.
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- may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Good Karma willfully and repeatedly violated Section 73.1216 of the Commission's rules and is apparently liable for a forfeiture in the amount of $4,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, that Good Karma Broadcasting, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for apparently willfully and repeatedly violating Section 73.1216 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release of this
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- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether A & W Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Kelley's Tele-Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Mobilpage possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- that an upward adjustment is warranted. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Dollar is apparently liable for a forfeiture in the amount of $12,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, DTG Operations Inc., d/b/a Dollar Rent-A-Car, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for apparently willfully and repeatedly violating Section 301 of the Act and Section 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
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- higher forfeitures for violations. In the final analysis and based on all the factors and evidence, including the extended period of unauthorized operation and BASF's size and ability to pay a forfeiture, we conclude that a forfeiture of twenty-five thousand dollars ($25,000) is appropriate. ordering clauses Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.311 and 1.80 of the Rules, BASF Corporation IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for the willful and repeated violation of section 301 of the Act and section 1.903(a) of the Rules and the willful violation of section 1.949(a) of the Rules. IT IS FURTHER ORDERED that, pursuant
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- forfeiture in the amount of $16,000. Although we exercise discretion in this instance in not imposing a higher forfeiture, we warn the Licensee that future violations of this nature may result in harsher enforcement action, including license revocation proceedings. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, that WSKQ Licensing, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for apparently willfully and repeatedly violating Section 73.1206 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Paxx Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Dunnell possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- and based upon additional information provided by the companies, we agree that each of the companies listed in the Appendix were not required to file a CPNI certification for calendar year 2007. Consequently, we find that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeitures in the Omnibus NAL against the companies in the attached Appendix WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS COMMISSION
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether MaxCell possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Ken Johnson, Esq., Counsel for Maximum Communications Cellular, LLC,
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- Based on the record before us, we conclude that our investigations raise no substantial or material questions of fact as to whether Bluegrass possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Ronald R. Smith, President, Bluegrass Cellular, Inc., 2902
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Luna Park possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the proposed forfeiture in the Notice of Apparent Liability for Forfeiture issued on January 8, 2010 against Luna Park WILL NOT BE IMPOSED. 7. IT IS FURTHER ORDERED that a copy of this Order
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- Based on the record before us, we conclude that our investigation raises no substantial or material questions of fact as to whether Centennial possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to William L. Roughton, Jr., Vice President, Legal &
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether New Start possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- the Office of Engineering and Technology's Equipment Authorization Database. In light of the foregoing, we propose a $15,000 forfeiture against Sandhill for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in section 20.19(c)(3)(ii)of the Rules. IV. ORDERING clauses Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Sandhill Communications IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willful and repeated violations of section 20.19(c)(3)(ii) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice of Apparent
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- monitor the commercial availability of hearing aid-compatible handsets and to assess CT Communications's compliance with the hearing aid compatibility handset requirements during that period. We accordingly direct CT Communications to submit the report within thirty (30) days after the release of this NAL. ORDERING clauses 11. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Champaign Telephone Company d/b/a CT Communications, Inc. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for its failure to file the required hearing aid compatibility status report in apparent willful violation of the requirements set forth in section 20.19(i)(1) of the Rules. 12. IT IS
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- forth in section 20.19(c)(3)(ii) of the Rules. We therefore find Indigo Wireless is apparently liable for a total forfeiture of $39,000 for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in section 20.19(c)(3)(ii) of the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Indigo Wireless, Inc. IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirty-nine thousand dollars ($39,000) for willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice of
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- the base forfeiture amount from $15,000 to $19,500 is warranted. We therefore propose a $19,500 forfeiture against Epic Touch for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in section 20.19(c)(3)(ii) of the Rules. IV. ORDERING clauses 15. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Epic Touch Co., Inc. IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand five hundred dollars ($19,500) for willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date
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- Mt. Rushmore willfully and repeatedly violated Sections 1.903(a), 1.947(a), 11.35(a), 73.3526, and 74.532(e) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $17,500 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Mt. Rushmore Broadcasting, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,500 for willfully and repeatedly violating Sections 1.903(a), 1.947(a), 11.35(a), 73.3526, and 74.532(e) of the Rules. IT IS FURTHERED ORDERED THAT, within 30 days of the release of this Order, Mt. Rushmore Broadcasting, Inc., file with the District Director,
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- to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation or reduction of the $13,000 forfeiture proposed for these violations. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Verizon Wireless (VAW) LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Sections 17.4 and 17.21 of the Rules. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested to Verizon
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- a reduction based on an inability to pay and therefore such request is denied. We do find, however, that a reduction is warranted based on Abacus's history of compliance with the Commission's Rules and we reduce the forfeiture amount on that basis to $3,200. Ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules that Abacus Television IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand two hundred dollars ($3,200) for willful and repeated violation of 47 C.F.R. § 1.903(a). with any questions regarding payment procedures. Abacus Television shall also send electronic notification on the date said payment is made to NER-Response@fcc.gov. IT IS FURTHER
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- we conclude that SDACH willfully and repeatedly violated Sections 1.903(a), 1.903(b), and 11.35(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $15,200 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Seventh-Day Adventist Community Health Serv. of Greater NY, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $15,200 for willfully and repeatedly violating Sections 1.903(a), 1.903(b), and 11.35(a). IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to
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- repeatedly violated Section 73.3526(e)(12) of the Rules, based upon its inability to pay, we conclude that pursuant to Section 503(b) of the Act and the Forfeiture Policy Statement, reduction of the $10,000 forfeiture to $5,000 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, R-S Broadcasting Company, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for willfully and repeatedly violating Section 73.3526(e)(12) of the Rules. with any questions regarding payment procedures. R-S Broadcasting Company, Inc. shall also send electronic notification on the date said payment is made to NER-Response@fcc.gov. IT IS FURTHER ORDERED
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- by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Motion to Withdraw Petition for Temporary Stay IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 1.1401-1.1418, and the authority delegated in
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- authority. We find, however, that a downward adjustment from $8,000 to $6,400 is warranted since the University made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, the University of San Diego IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand four hundred dollars ($6,400) for the willful and repeated violation of Section 301 of the Act and Section 1.903(a) of the Rules and the willful violation of Section 1.949(a) of the Rules. 14.
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- by failing to submit an annual compliance certificate, have apparently willfully or repeatedly violated section 64.2009(e) of the Commission's rules. We find each of the Companies apparently liable for a forfeiture of twenty five thousand dollars ($25,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, each of the Companies listed in Appendix I of this Order are hereby LIABLE FOR A MONETARY FORFEITURE in the amount of twenty five thousand dollars ($25,000) each for willfully or repeatedly violating section 64.2009(e) of the Commission's rules by failing to submit annual compliance certificates. IT IS FURTHER ORDERED THAT, pursuant to section
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- by failing to submit an annual compliance certificate, have apparently willfully or repeatedly violated section 64.2009(e) of the Commission's rules. We find each of the Companies apparently liable for a forfeiture of twenty five thousand dollars ($25,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, each of the Companies listed in Appendix I of this Order are hereby LIABLE FOR A MONETARY FORFEITURE in the amount of twenty five thousand dollars ($25,000) each for willfully or repeatedly violating section 64.2009(e) of the Commission's rules by failing to submit annual compliance certificates. IT IS FURTHER ORDERED THAT, pursuant to section
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- v. Leonard Douglas LaDuron, Criminal Docket No. 2:08CR20055-001-KHV, Judgment (D. Kan. filed and entered Dec. 23, 2009) (``Leonard LaDuron Judgment''). See also United States v. Leonard Douglas ``Doug'' LaDuron, Criminal Docket No. 2:08CR20055-001-KHV, Indictment, 1-10, 11-14 (D. Kan. filed Apr. 24, 2009 and entered Apr. 25, 2009)(Counts 1 and 3)(``LaDuron Indictment''). 47 C.F.R. § 54.8. See also 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- willful and repeated violation of Section 301 of the Act and Section 1.903(a) of the Rules for apparently operating a radio station on frequency 123.300 MHz without Commission authority. Therefore, Lubbock Aero is apparently liable for a forfeiture in the amount of $10,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Lubbock Aero IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for the willful and repeated violation of Section 301 of the Act and Section 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of
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- Based on the record before us, we conclude that our investigation raises no substantial or material questions of fact as to whether Cablevision possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Paul Jamieson, Managing Counsel, Legislative and Regulatory Affairs,
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Comtel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by First Class United States Mail to James H. Lister, Esq., Birch Horton Bittner & Cherot, 1155 Connecticut Avenue,
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Samsung possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Joseph (Joon Kyo) Cheong, Vice President and Chief
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- base forfeiture is an appropriate penalty for the violation in this case, and therefore, we find that Birach is apparently liable for a forfeiture in the amount of $7,000 for a violation of Section 73.1125 of the Commission's rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Birach Broadcasting Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Section 310(d) of the Act and Section 73.1125 of the Commission's Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, that within thirty
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- base forfeiture is an appropriate penalty for the violation in this case, and therefore, we find that Birach is apparently liable for a forfeiture in the amount of $7,000 for a violation of Section 73.1125 of the Commission's rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Birach Broadcasting Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Section 310(d) of the Act and Section 73.1125 of the Commission's Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, that within thirty
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- evidence relating to this matter, we conclude that our investigations raise no substantial or material questions of fact as to whether Univision possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that all investigations regarding possible violations by Univision Radio, Inc. of 47 U.S.C. §§ 317, 508 and 47 C.F.R. § 73.1212 being conducted by, or pending before, the Federal Communications Commission ARE TERMINATED, and that any third-party complaints and/or information alleging violations of
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- exemption, we direct Complainants to return Exhibits A-C in accordance with the procedure set forth in section 1.731(e) of the Commission's rules. VI. ORDERING CLAUSES 31. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 201, and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 201, and 208, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the above-captioned complaint IS GRANTED IN PART to the extent described herein and is otherwise DENIED and DISMISSED WITH PREJUDICE, and that this proceeding is TERMINATED. 32. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C.
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- any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the 503(b) factors to the facts and circumstances presented here, we find that a proposed forfeiture in the amount of $4,000 is appropriate in this case. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, that Journal Broadcast Corporation, licensee of Station KJOT(FM), Boise, Idaho, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for apparently willfully and repeatedly violating Section 73.1216 of the Commission's rules. 14. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30)
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- Berlove, Acting Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1477 and by e-mail at Michele.Berlove@fcc.gov. Sincerely, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Marietta Parker, United States Attorney's Office, Department of Justice (via e-mail) Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) 47 C.F.R. § 54.8(g) (2008). See also 47 C.F.R. § 0.111(a)(14). Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Leonard Douglas LaDuron, Notice of Suspension and Initiation of Debarment Proceedings, 25 FCC Rcd 142 (Inv. & Hearings Div., Enf. Bur. 2010) (Attachment 1)(``Notice of Suspension''). 75 Fed. Reg. 3732 (Jan. 22, 2010). See Notice of Suspension, 25 FCC Rcd at 143-45. See
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Enhanced Vision possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Kamran Siminou, Chief Executive Officer, Enhanced Vision, 5882
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaint and allegations against the Station and/or the Licensee before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree IS DISMISSED.
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- United States v. Benjamin Rowner, Criminal Docket No. 1:08-cr-00464-1, Plea Agreement (N.D. Ill. filed July 10, 2008 and entered July 14, 2008) (``Rowner Plea''); United States v. Benjamin Rowner and Jay H. Soled, Criminal Docket No. 1:08-cr-20047-01-02 CM/JPO, Information (D. Kan. filed and entered Apr. 23, 2008) (``Rowner and Soled Information''). 47 C.F.R. § 54.8; see also 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- and the statutory factors to the instant case, we conclude that Connecticut Radio Fellowship, Inc. willfully and repeatedly violated Section 73.3526 of the Commission's rules and is apparently liable for a forfeiture in the amount of one thousand two hundred fifty dollars ($1,250). ORDERING CLAUSES ACCORDINGLY, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, Connecticut Radio Fellowship, Inc., licensee of Station WIHS(FM), Middletown, Connecticut, IS HEREBY NOTIFIED OF ITS APPARENT LIABILITY FOR A FORFEITURE in the amount of one thousand two hundred fifty dollars ($1,250) for willfully and repeatedly violating Sections 73.3526(c)(1) and (e)(5) of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Motorola possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Steve Sharkey, Senior Director, Regulatory and Spectrum Policy,
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Airspan possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Eric D. Stonestrom, CEO, President and Executive Director,
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- the foregoing facts, we are satisfied that the parties have shown good cause for granting the request to dismiss the complaint. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Motion to Withdraw IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311
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- the Enforcement Bureau (``Houston Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $18,000 to KFW. KFW has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, KFW Communications LLC dba Almega Cable Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $18,000 for violations of Sections 11.35(a), 17.48, and 17.51(a) of the Rules. with any questions regarding payment procedures. KFW will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS
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- the Enforcement Bureau (``Houston Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $20,000 to KFW. KFW has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, KFW Communications LLC dba Almega Cable Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for violations of Sections 11.35(a), 17.4(g), 17.48, and 17.51(a) of the Rules. with any questions regarding payment procedures. KFW will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT
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- for its marketing of phone jammers in the United States in apparent willful and repeated violation of the requirements set forth in Section 302(b) of the Act and Section 2.803 of the Rules. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Rules, Phonejammer.com is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty five thousand dollars ($25,000) for its willful and repeated violation of Section 302(b) of the Act and Section 2.803 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) days of the
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaints and allegations against the Station and/or Licensee before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED. 8.
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Axxcelera possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Axxcelera Broadband Wireless, Inc., Jack Richards, Keller
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- the Forfeiture Policy Statement, and the matters raised by the WXDJ in response to the NAL, we affirm the NAL and issue a forfeiture in the amount of $16,000. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended , Section 1.80 of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, WXDJ Licensing, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of sixteen thousand dollars ($16,000) for repeated and willful violation of Section 73.1206 of the Commission's rules, as described in the paragraphs above. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's rules,
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- In the absence of material new evidence relating to this matter, we conclude that our investigations raise no substantial or material questions of fact as to whether ComSpan possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by certified mail, return receipt requested, to Mr. Jimmy Byrd, Chief Executive Officer, ComSpan Communications Inc., 6405 Mira Mesa
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- Bureau (``Houston Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Senat. Mr. Senat has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Balthazard Senat IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 301 of the Act. with any questions regarding payment procedures. Mr. Senat will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of this
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- 227 of the Act and the Commission's related rules and orders, for the reasons set forth in the NALs. III. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Cost Crunch, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $22,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders. with
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- are reducing the forfeiture amount, we order HTV to file a report with the Honolulu Office detailing its compliance with Sections 73.1225(a), 73.1125(c) and 73.3526 of the Rules, within 30 days of the date of this Order. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, HTV/HTN/Hawaiian TV Network, Ltd., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $1,000 for willfully and repeatedly violating Sections 73.1225(a), 73.1125(c) and 73.3526 of the Rules. IT IS FURTHERED ORDERED THAT, within 30 days of the release of this Order, HTV/HTN/Hawaiian TV Network, Ltd., file with the Honolulu Resident Agent Office,
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- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Caribevision is apparently liable for a $12,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Caribevision Station Group, L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Sections 11.35(a) and 74.735(b)(2) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
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- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Hubbard is apparently liable for a $22,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Hubbard Advertising Agency, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-two thousand dollars ($22,000) for violations of Sections 11.35(a), 73.1745(a) and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
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- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that World Media is apparently liable for $21,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, World Media Broadcast Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for violations of Sections 11.35(a), 73.1400(a)(1)(ii) and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
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- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Telefutura Partnership of Douglas is apparently liable for an $8,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Telefutura Partnership of Douglas is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Section 11.35 of the Commission's Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice
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- of a change in ownership information for antenna structure # 1219542, in violation of Section 17.57 of the Rules. Despite evidence that Burken received the NAL, Burken has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Burken Broadcasting, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for repeatedly violating Section 17.57 of the Rules. with any questions regarding payment procedures. Burken Broadcasting, LLC, shall also send electronic notification on the date said payment is made to WR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy
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- $5,000 to Tropicana for operation of radio transmitters without a license, in violation of Section 301 of the Act. Despite evidence that Tropicana received the NAL, Tropicana has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Tropicana Products, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for willfully and repeatedly violating Section 301 of the Act. with any questions regarding payment procedures. Tropicana Products, Inc., shall also send electronic notification on the date said payment is made to WR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that
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- of a change in ownership information for antenna structure # 1014422, in violation of Section 17.57 of the Rules. Despite evidence that MRBI received the NAL, MRBI has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Multicultural Radio Broadcasting, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for repeatedly violating Section 17.57 of the Rules. with any questions regarding payment procedures. Multicultural Radio Broadcasting, Inc., shall also send electronic notification on the date said payment is made to WR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that
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- Commission's Rules and with a valid authorization granted by the Commission, in violation of Section 1.903(a) of the Rules. Despite evidence that Shimmick-Obayashi received the NAL, Shimmick-Obayashi has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Shimmick Construction Company Inc./Obayashi Corporation, Joint Venture, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for repeatedly violating Section 1.903(a) of the Act. with any questions regarding payment procedures. Shimmick Construction Company Inc./Obayashi Corporation, Joint Venture, shall also send electronic notification on the date said payment is made to WR-Response@fcc.gov.
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- the investigation. In the absence of material new evidence relating to this matter, we conclude there are no substantial or material questions of fact as to whether Entone possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Entone before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 7. IT IS FURTHER ORDERED that a copy of
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- $16,000, $12,000 for TCT Mobile's apparent willful and repeated failure to file required forms in violation of Section 20.19(i)(1) and $4,000 for its apparent willful failure to respond to a communication from the Commission. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Rules, TCT Mobile, Ltd. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for its failure to file required hearing aid compatibility status reports in willful and repeated violation of Section 20.19(i)(1) of the Rules and for its willful violation of a Commission order. IT IS FURTHER ORDERED
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- issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Rolon. Rolon has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Marixsa Rolon IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. with any questions regarding payment procedures. Rolon shall also send electronic notification on the date said payment is made to NER-Response@fcc.gov. IT IS FURTHER ORDERED that a copy of this
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- issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Reid. Reid has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ronald Reid IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. with any questions regarding payment procedures. Reid shall also send electronic notification on the date said payment is made to NER-Response@fcc.gov. IT IS FURTHER ORDERED that a copy of this
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether HBC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Hiawatha Broadband Communications, Inc.
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Shoreham possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Shoreham Telephone Company, Inc.
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- with the Forfeiture Policy Statement. As a result of our review, we reduce the forfeiture associated with the tower lighting violation to $2,000 and reduce the total forfeiture to $4,000 based on ECPI's history of compliance with the rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Electronic Corporate Pages, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Sections 17.51 and 17.57 of the Rules. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested to Electronic
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- In carrying out this obligation, a broadcast licensee must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Numerous Commission decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Sections 0.111(a)(16) and 0.311 of the rules. We have previously considered and rejected Fox's arguments concerning our authority to request information concerning stations that aired the January 3, 2010 episode of ``American Dad.'' Commission precedent holding that forfeiture penalties will be assessed only against the licensee of a station in a market in which there was a viewer complaint filed with the
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- adjustment in the forfeiture amount of $5,000 is warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Hays is apparently liable for a forfeiture in the amount of $15,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Rules, John Hays is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of section 301 of the Act and sections 95.410 and 95.411 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days of
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CBW possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jouett K. Brenzel, Corporate Counsel, Cincinnati Bell Wireless LLC,
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NewCom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by both first class and certified mail, return receipt requested, to NewCom International, Inc. at 15590 NW 15th Ave., Miami, FL 33169 and to its counsel, Frank G. Lamancusa, Bingham
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- MHz without the requisite Commission authorization. Accordingly, pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we conclude that cancellation of the forfeiture is unwarranted and impose a forfeiture in the amount of $20,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, American Taxi Shuttle and Limo, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of section 301 of the Act. on the date said payment is made. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both First
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- a number of factors including, but not limited to, the number of antenna structures in the array, the duration of the failure to update registration, and the level of difficulty involved in contacting errant antenna structure owners. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Lazer Broadcasting Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for repeatedly violating section 17.57 of the Rules. with any questions regarding payment procedures. Lazer Broadcasting Corporation will also send electronic notification on the date said payment is made to WR-Response@fcc.gov. IT IS FURTHER ORDERED that a copy
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Smith Bagley possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Smith Bagley, Inc., Todd Slamowitz,
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- Office (``Miami Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $20,000 to Mr. Bazile. Mr. Bazile has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Marckenson Bazile IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for violations of section 301 of the Act. with any questions regarding payment procedures. Mr. Bazile shall also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of
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- and terminating the investigation. In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact concerning UTC's basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Union Telephone Company, David L. Nace,
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- that Station WLSW is now in compliance with section 73.3526 of the Rules. This statement must be provided to the Enforcement Bureau at the address listed in paragraph 13 within thirty days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314 and 1.80 of the Commission's Rules, L. Stanley Wall is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of section 73.3526(e)(12)of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether DRS Technologies possesses the basic qualifications, including those related to character, to hold or obtain a Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent both by Certified Mail - Return Receipt Requested and by regular mail to Audrey S. Stern, Vice President and Senior
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Southwest Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman, Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Southwest
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether LGT possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of LGT
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- statement must be provided to the Houston Office at the address listed in paragraph 16 within thirty days of the release date of this NAL. Failure to comply with this requirement could subject the licensee to additional enforcement actions. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, Vision Latina Broadcasting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of sections 73.1125 and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date
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- absence of material new evidence relating to this matter, we conclude that the Bureau's investigation raises no substantial or material questions of fact as to whether Compass Global possesses the basic qualifications, including those related to character, to hold or obtain a Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by Certified Mail - Return Receipt Requested to counsel for Compass, Inc., d/b/a Compass Global, Inc., Jonathan S. Marashlian,
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- in writing, why no such forfeiture should be imposed. Upon review of the record, and based upon additional information provided by the companies, we agree that no forfeiture penalties should be imposed on each of the companies listed in the Appendix. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Catamount before the Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that a copy
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Chico before the Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that a copy
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CCI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of CCI
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Public Service Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Public
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- Commission's rules by failing to provide the required sponsorship identification announcement for the VNR material used in the Station's June 19, 2006, broadcast. We conclude that Fox is liable for a forfeiture in the amount of four thousand dollars ($4,000). ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, that Fox Television Stations, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for its willful violation of section 317 of the Communications Act of 1934, as amended, and section 73.1212 of the Commission's rules. . IT IS FURTHER ORDERED, that a copy of this NAL
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- Office (``Miami Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Robinson. Mr. Robinson has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Antonio Robinson IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of section 301 of the Act. with any questions regarding payment procedures. Mr. Robinson shall also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of
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- of $8,000 is appropriate for each one of the eight separate domestic substantial transfers of control without prior Commission approval. Based on the facts and circumstances presented, we conclude that a proposed forfeiture of $8,000 against each of the ATMS Subsidiaries is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.311, 0.314 and 1.80 of the Rules, BLC Acquisition Group, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for apparently willfully or repeatedly violating section 214(a) of the Act and sections 63.03 and 63.04 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 503(b) of the Act
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ReconRobotics possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class and certified mail, return receipt requested, to counsel for ReconRobotics, Inc., Mitchell Lazarus, Fletcher, Heald
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- (3) a complete public inspection file is available at Station WGTM(AM)'s main studio. This statement must be provided to the Norfolk Office at the address listed in paragraph 16 within thirty days after the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's Rules, Spirit Broadcasting, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of sections 11.35, 73.49, and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Toly Digital possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Toly
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Advance Business Integration possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Advanced
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Call-O-Call possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Call-O-Call,
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- forfeiture to $5,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to section 405 of the Communications Act of 1934, as amended, and section 1.106 of the Rules, that the Petition for Reconsideration filed by Christopher M. Myers IS GRANTED IN PART AND DENIED IN PART. IT IS ALSO ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Christopher M. Myers IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for violations of section 301 of the Act. on the date said payment is made. IT IS FURTHER ORDERED that this Memorandum Opinion and Order shall be sent by both regular mail and by certified mail, return
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether AccessCom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of AccessCom,
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- Forfeiture Policy Statement. As a result of our review, we conclude that Mr. Alleyne and Ms. White willfully and repeatedly violated section 301 of the Act and that the $10,000 forfeiture proposed in the NAL is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Andre Alleyne and Jessie White ARE JOINTLY AND SEVERALLY LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating section 301 of the Act. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to
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- be imposed. The good faith compliance measures described above, the unusual circumstances preventing construction, and the appointment of a receiver are all relevant to our consideration of any forfeiture, and in this case to our determination to impose no forfeiture penalty. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to Spirit of Alaska Broadcasting, Inc., in the above captioned proceeding WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent both by First Class Mail and Certified Mail Return Receipt Requested to Spirit of Alaska Broadcasting, Inc., at 2200
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- imposed. Upon review of the record and based upon additional information provided by RAMCO, we are persuaded that RAMCO did not own the antenna structure during the violations cited in the NAL and agree that no forfeiture penalty should be imposed. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Rules, the proposed forfeiture issued to RAMCO Broadband Services WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to RAMCO Broadband Services at 726 US Highway 202 Suite 320-119, Bridgewater, NJ 08807-2737. FEDERAL COMMUNICATIONS COMMISSION
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- Act, Dezco Communications was granted an opportunity to show, in writing, why no such forfeiture should be imposed. Upon review of the record, and based upon additional information provided by Dezco Communications, we agree that no forfeiture penalty should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to Dezco Communications WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Dezco Communications, Inc., Attn. Ronald F. Zeiler, President, 13506 S. Kenton St., Crestwood, IL 60445. FEDERAL COMMUNICATIONS COMMISSION
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- Services was granted an opportunity to show, in writing, why no such forfeiture should be imposed. Upon review of the record, and based upon additional information provided by Galaxy Internet Services, we agree that no forfeiture penalty should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to Galaxy Internet Services WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Galaxy Internet Services, Attn. Robert Carp, President, 188 Needham St., Suite 110R, Newton, MA 02464. FEDERAL
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- Office (``Miami Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $22,000 to Ms. Smith. Ms. Smith has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Judith V. Smith IS LIABLE FOR A MONETARY FORFEITURE in the amount of $22,000 for violations of sections 301 and 303(n) of the Act. with any questions regarding payment procedures. Judith V. Smith shall also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED
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- Department of Justice (via e-mail) Stephanie Toussaint, Antitrust Division, United States Department of Justice (via e-mail) Any further reference in this letter to ``your conviction'' refers to your conviction of count one in Case No. 10-324-L. United States v. Barrett C. White, Criminal Docket No. 10-324-L, Judgment (E.D.LA. filed June 9, 2011) (``Judgment''). 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that HK Media is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, HK Media, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date of this
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- Equipment Authorization and the Commission's Rules. This statement must be provided to the Enforcement Bureau at the address listed in paragraph 23 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture and Order. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Commission's Rules, Rapidwave, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for apparently willfully and repeatedly violating sections 301 and 302(b) of the Act, and sections 15.1(b) and 15.1(c) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's
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- Rules, and the statutory factors to the instant case, we therefore conclude that Sling is apparently liable for a forfeiture of $20,000 for unlicensed operation in violation of section 301 of the Act and section 15.1(b) of the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, Sling Broadband, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of section 301 of the Act and section 15.1(b). IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the release date
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- its U-NII transmitter is operating. This statement must be provided to the San Juan Office at the address listed in paragraph 20 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture and Order. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Ayustar Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of sections 301, and 302(b) of the Act and sections 15.1(b) and 15.1(c) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within
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- Authorization and the Commission's Rules. This statement must be provided to the Kansas City Office at the address listed in paragraph 17 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture and Order. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, Insight Consulting Group of Kansas City, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violations of section 301 of the Act and section 15.1(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules
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- Office (``Miami Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Rhodd. Mr. Rhodd has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Mikhail Rhodd IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of section 301 of the Act. with any questions regarding payment procedures. Mikhail Rhodd shall also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of
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- is attached hereto and incorporated herein by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation without imposing a forfeiture. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111, 0.204, 0.311, and 0.314 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED without imposing a forfeiture. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class and certified mail, return receipt requested, to Mr.
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- of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Companies possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Act, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-referenced investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class certified mail, return receipt requested, to counsel for the Companies, Timothy J. Cooney, Esq., Wilkinson Barker
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Alpheus possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture issued by the Bureau against Alpheus on July 6, 2010 IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be
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- Office (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $12,000 to Miller Communications. Miller Communications has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Miller Communications, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,000 for violations of section 303(q) of the Act and sections 17.47(a) and 17.51(a) of the Rules. with any questions regarding payment procedures. Miller Communications, LLC shall also send electronic notification on the date said payment is made to
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- Department of Justice (via email) Marvin Opotowsky, Antitrust Division, United States Department of Justice (via email) Any further reference in this letter to ``your conviction'' refers to your conviction in United States v. Tyrone D. Pipkin, Criminal Docket Nos. 10-325 and 11-15 ``A'', Judgment (E.D.LA. filed June 21, 2011) (``Tyrone Pipkin Judgment''). See 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- of material new evidence relating to this matter, we conclude that the Bureau's investigation raises no substantial or material questions of fact as to whether STi and Progress possess the basic qualifications, including those related to character, to hold or obtain a Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by Certified Mail - Return Receipt Requested to counsel for STi Telecom Inc. and Progress International, LLC, David L.
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- Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Ford. Mr. Ford has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Patrick Michael Ford, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of section 301 of the Act. with any questions regarding payment procedures. Mr. Ford shall also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether New Bridge possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of New
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- Class B digital audio RF device without the mandatory disclosures to consumers in the device's user manual in apparent willful and repeated violation of section 302(b) of the Act and sections 2.803(a)(2) and 15.105(b) of the Rules. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80 of the Commission's rules, Marshall Amplification PLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand two hundred dollars ($7,200) for marketing a Class B digital audio radio frequency device without including the requisite consumer disclosure language in the device's user manual in apparent willful and repeated violation of section
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ValuTel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ValuTel
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- $8,000 to the combined base forfeiture of $17,000 is warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Gutierrez is apparently liable for a $25,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314, and 1.80 of the Rules, Estevan J. Gutierrez is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violation of sections 301 and 333 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days of the release date of this
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NUI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Act, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-referenced investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class certified mail, return receipt requested, to Michael Landreth, Chief Financial Officer, BroadRiver Communication Corporation, 1000 Hemphill
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Saving Call possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Saving
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- violations. Therefore, based on all the factors and evidence, including the extended period of unauthorized operation and Northeast Utilities' ability to pay a forfeiture, we find that an upward adjustment of the base forfeiture is warranted. Accordingly, we propose a forfeiture of $19,000. iv ordering clauses Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.311, and 1.80 of the Rules, Northeast Utilities Service Company IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand dollars ($19,000) for the willful and repeated violation of section 301 of the Act and section 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty
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- in writing, why no such forfeiture should be imposed. Upon review of the record, and based upon additional information provided by the companies, we agree that no forfeiture penalties should be imposed on each of the companies listed in the Appendix. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Telebeep possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Telebeep,
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- abate the ongoing safety hazard to air traffic control. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Power is apparently liable for a forfeiture of $12,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, Power Ministries is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of section 73.1660(a)(2) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice
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- or mitigate any prior forfeitures or violations. For these reasons, pursuant to section 503(b) of the Act, and in conjunction with the Forfeiture Policy Statement, we conclude that cancellation or reduction of the proposed $14,000 forfeiture is not warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Crocodile Broadcasting Corp., Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violations of sections 73.1745(a) and 73.3526 of the Rules. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by both First Class and Certified Mail Return Receipt
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- Forfeiture Order. ordering clauses Accordingly, IT IS ORDERED that, pursuant to section 405 of the Communications Act of 1934, as amended, and section 1.106 of the Rules, that the Petition for Reconsideration filed by Mt. Rushmore Broadcasting, Inc., IS DENIED and the Forfeiture Order IS AFFIRMED. IT IS ALSO ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Mt. Rushmore Broadcasting, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of seventeen thousand, five hundred dollars ($17,500) for violations of sections 1.903(a), 1.947(a), 11.35(a), 73.3526, and 74.532(e) of the Commission's rules. with any questions regarding payment procedures. Mt. Rushmore Broadcasting, Inc., shall also send electronic notification to WR-Response@fcc.gov on the date
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Accutel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Accutel
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Revolution Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Revolution
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- because it has not received a prior violation during its thirteen-year history. We have examined the record and agree. Accordingly, we further reduce the total forfeiture from $12,500 to $10,000 based on Taylor's history of compliance with the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Taylor Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of sections 17.48(a) and 73.3526 of the Commission's rules. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail, Return Receipt Requested,
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- providing international telecommunications services [is] egregious.'' Given these considerations and consistent with precedent, we conclude that a forfeiture of $100,000 is warranted for FTTH's apparent willful and repeated failure to obtain section 214 authority from the Commission prior to providing international telecommunications service. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.311, 0.314 and 1.80 of the Rules, FTTH Communications LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of one hundred thousand dollars ($100,000) for apparently willfully and repeatedly violating section 214(a) of the Act and section 63.18 and 63.04 of the Rules. , Pamela.Kane@fcc.gov, and Robert.Krinsky@fcc.gov. , Pamela Kane at Pamela.Kane@fcc.gov, and Robert.Krinsky at
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources by the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.1401-1.1418, that the Motion is GRANTED, and that the Complaint IS DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Joint Motion For Dismissal With Prejudice, File No. EB-11-MD-007 (filed August 16, 2011) (``Motion''). Complaint, File No. EB-11-MD-007 (filed June 15, 2011)
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- EAS equipment has been installed for the Meriden and Jefferson cable systems. This statement must be provided to the Kansas City Office at the address listed in paragraph 16 within thirty days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, SCI Cable Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE AND ORDER in the amount of thirteen thousand dollars ($13,000) for violations of sections 11.35 and 76.1803 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the
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- EAS equipment has been installed for the Perry and Lecompton cable systems. This statement must be provided to the Kansas City Office at the address listed in paragraph 15 within thirty days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, SCI Cable Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE AND ORDER in the amount of thirteen thousand dollars ($13,000) for violations of sections 11.35 and 76.1803 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the
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- stating that operational EAS equipment has been installed for the Pottawatomie system. This statement must be provided to the Kansas City Office at the address listed in paragraph 16 within thirty days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, SCI Cable Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE AND ORDER in the amount of thirteen thousand dollars ($13,000) for violations of sections 11.35 and 76.1803 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Crossfire possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Crossfire
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- Bureau's Miami Office (``Miami Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $20,000 to Sling. Sling has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Sling Broadband, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for violations of section 301 of the Act. with any questions regarding payment procedures. Sling shall also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of
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- are the best indicator of an ability to pay a forfeiture. Having reviewed Mr. Lindor's submitted documentation, we conclude that the forfeiture should be reduced to $300, an amount within the range determined by the Bureau to be affordable. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Fritzner Lindor IS LIABLE FOR A MONETARY FORFEITURE in the amount of three hundred dollars ($300) for violations of section 301 of the Act. on the date said payment is made. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both First Class and Certified Mail,
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- upward adjustment of $5,000. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Lebron is apparently liable for a total forfeiture in the amount of $15,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Eleuterio Lebron is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the release date of this Notice
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- are the best indicator of an ability to pay a forfeiture. Having reviewed Mr. Hays's submitted documentation, we conclude that the forfeiture should be reduced to $450, an amount within the range determined by the Bureau to be affordable. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, John Hays IS LIABLE FOR A MONETARY FORFEITURE in the amount of four hundred fifty dollars ($450) for violations of section 301 of the Communications Act of 1934, as amended, and sections 95.410 and 95.411of the Commission's rules. on the date said payment is made. IT IS FURTHER ORDERED that a
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- Lexus in apparent willful and repeated violation of section 301 of the Act and sections 1.903(a) and 95.3 of the Rules for apparently operating a GMRS system without Commission authority. Therefore, Scottsdale Lexus is apparently liable for a forfeiture in the amount of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.311 and 1.80 of the Rules, Scottsdale Lexus IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for the willful and repeated violation of section 301 of the Act and sections 1.903(a) and 95.3 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty
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- 227(b)(1)(C) of the Act and section 64.1200(a)(3) of the Commission's rules for the reasons set forth in the NAL and herein. ordering clauses Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Western Aviation, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $4,500 for willfully violating section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), and section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3). with any questions regarding payment
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- Although we have evidence that Perka received the letter, we have not received a response. We therefore have no basis for assessing Perka's financial situation and find that a forfeiture in the amount of $17,000 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, David Edward Perka, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully and repeatedly violating section 301 of the Act and willfully violating section 333 of the Act. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Airadigm possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class certified mail, return receipt requested, to Linda J. Springer, Director of Finance and Accounting, Airadigm Communications,
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Multi Voice possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Multi
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NTS possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of NTS
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Hauppauge possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture issued by the Commission against Hauppauge on April 15, 2009 IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent
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- on all the factors and evidence, including the duration of the deployment violation, we propose a $19,500 forfeiture against Pace for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in section 20.19(d)(3)(ii) of the Rules. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Pace IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand five hundred dollars ($19,500) for apparent willful and repeated violation of section 20.19(d)(3)(ii) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice
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- the St. George Island system in compliance with section 76.1801 of the Rules. This statement must be provided to the Tampa Office at the address listed in paragraph 17 within thirty days after the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, St. George Cable, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violation of sections 11.35(a), 76.605(a)(12), 76.611(a), and 76.1801 of the Commission's Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within thirty days
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- evidence. ordering clauses Accordingly, IT IS ORDERED that, pursuant to section 405 of the Communications Act of 1934, as amended, and section 1.106 of the Commission's rules (``Rules''), that the Petition for Reconsideration filed by Steven A. Skalecki IS DENIED and the Forfeiture Order IS AFFIRMED. IT IS ALSO ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Steven A. Skalecki IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act. on the date said payment is made. IT IS FURTHER ORDERED that this Memorandum Opinion and Order shall be sent by both regular mail and by certified mail, return
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NobelTel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for NobelTel, LLC, Joan M. Griffin, Esq., Washington
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Lyca Tel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Lyca
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- day of the succeeding calendar quarter. This statement must be provided to the Chicago Office at the address listed in paragraph 12 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture and Order. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314 and 1.80 of the Commission's Rules, Meade County Communications, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 73.3526(e)(12) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date of
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- was granted an opportunity to show, in writing, why no such forfeiture should be imposed. Upon review of the record, and based upon additional information provided by Blue Casa, we agree that no forfeiture penalties should be imposed on Blue Casa. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeitures issued to Blue Casa Communications, Inc. WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Katherine Barker Marshall, Attorney, Arent Fox LLP, Attorneys at Law, 1050 Connecticut Avenue, N.W., Washington, D.C.
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- as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Upper Peninsula is apparently liable for a total forfeiture in the amount of $8,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314 and 1.80 of the Commission's rules, Upper Peninsula Communications Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of section 11.35(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the release date of
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- and other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Davis is apparently liable for a forfeiture of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314, and 1.80 of the Commission's rules, Neal Davis is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules, within thirty (30) days of the release date of this
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- will serve the public interest by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Motion IS GRANTED, that the captioned proceeding IS DISMISSED WITH PREJUDICE, and that the captioned proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. § 224. Complaint, File No. EB-11-MD-004 (filed Mar. 16, 2011) (``Complaint''). NewPath Network's
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- are the best indicator of an ability to pay a forfeiture. Having reviewed Mr. Morey's submitted documentation, we conclude that the forfeiture should be reduced to $250, an amount within the range determined by the Bureau to be affordable. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Thomas L. Morey IS LIABLE FOR A MONETARY FORFEITURE in the amount of two hundred fifty dollars ($250) for violations of section 301 of the Act. on the date said payment is made. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both First Class and
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- Jennifer M. Dixton, Antitrust Division, United States Department of Justice (via email) Meagan D. Johnson, Antitrust Division, United States Department of Justice (via email) Any further reference in this letter to ``your conviction'' refers to your conviction in United States v. Jeremy R. Sheets, Criminal Docket No. 1:10-cr-380-1, Judgment (W.D. Mi. 2011) (``Judgment''). 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- station's post-sunset authorization. Accordingly, pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we conclude that cancellation or reduction of the forfeiture is unwarranted and we impose a forfeiture in the amount of $4,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Clarion County Broadcasting Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for violations of section 73.1745(a) of the Rules. . IT IS FURTHER ORDERED that a copy of this Order shall be sent both by First Class and Certified Mail Return Receipt Requested to
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- Accordingly, IT IS ORDERED that, pursuant to section 405 of the Communications Act of 1934, as amended, and section 1.106 of the Commission's rules, that the Petition for Reconsideration filed by Paisa 2 Car and Limousine Service, Inc. IS GRANTED IN PART AND DENIED IN PART. IT IS ALSO ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, Paisa 2 Car and Limousine Service, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five hundred dollars ($500) for violations of section 1.903(a) of the rules. on the date said payment is made. IT IS FURTHER ORDERED that this Memorandum Opinion and Order shall be sent by both regular mail
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- the forfeiture amount does not exceed Mr. Fleurinor's average gross revenues for the years covered by the financial documents. We do, however, find sufficient basis to reduce the forfeiture to $500 based on the financial documentation Mr. Fleurinor submitted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Whisler Fleurinor IS LIABLE FOR A MONETARY FORFEITURE in the amount of five hundred dollars ($500) for violations of section 301 of the Act. with any questions regarding payment procedures. Mr. Fleurinor shall also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. IT IS FURTHER ORDERED that
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- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that P&Y Broadcasting is apparently liable for a $3,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, P&Y Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violation of section 17.57 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the release date of this
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- a total forfeiture of $20,000 for See Through Windows's willful and repeated violation of section 64.1200(c)(2) of the Commission's rules. III. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that See Through Windows & Doors LLC IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $20,000 for willfully and repeatedly violating section 64.1200(c)(2) of the Commission's rules, 47 C.F.R. § 64.1200(c)(2). with any questions regarding payment procedures. IT IS FURTHER ORDERED that a
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- in the forfeiture amount of $5,000 is warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Criteser is apparently liable for a forfeiture of $15,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, John E. Criteser, Jr. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty (30) days of the release date
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- 11.35(a) of the Rules. This statement must be provided to the Detroit Office at the address listed in paragraph 15, infra, within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture and Order. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314, and 1.80 of the Commission's Rules, R.J.'s Late Night Entertainment Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE AND ORDER in the amount of twenty-two thousand dollars ($22,000) for violations of sections 11.35(a), 73.1690(b)(2), and 73.3527(b)(1) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within thirty
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- find that neither reduction nor cancellation of the proposed $10,000 forfeiture is warranted. Therefore, we affirm the NAL's finding that Roberts willfully and repeated violated section 301 of the Act, and assess a $10,000 forfeiture for that violation. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Daniel K. Roberts a/k/a ``Monkey Man'' a/k/a ``Monkey'' IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating section 301 of the Act. with any questions regarding payment procedures. Daniel K. Roberts a/k/a ``Monkey Man'' a/k/a ``Monkey'' will also send electronic notification on the date said
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- these companies was granted an opportunity to show, in writing, why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by the companies, we find that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix FEDERAL COMMUNICATIONS COMMISSION Richard A.
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- the Act, Intercel was granted an opportunity to show, in writing, why no such forfeiture should be imposed. Upon review of the record, and based upon additional information provided by Intercel, we agree that no forfeiture penalty should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to Intercel WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Intercel Telecoms Group, Inc., Attn. Joseph Gatt, CEO, 3914 Centreville Rd., Suite 200, Chantilly, VA 20151. FEDERAL COMMUNICATIONS
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- and other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Cernogg is apparently liable for a forfeiture of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314, and 1.80 of the Commission's rules, Willis Cernogg, Jr. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules, within thirty (30) days of the release date of
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- section 227(b)(1)(C) of the Act, and section 64.1200(a)(3) of the Commission's rules, as set forth in the NALs and herein. ordering clauses Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that American Medical Services IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $9,000 for willfully and repeatedly violating section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), and section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3). with any questions
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- Station KBRZ is decreasing power after sunset as specified in its station authorization. This statement must be provided to the Houston Office at the address listed in paragraph 11 within thirty days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Aleluya Christian Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of sections 73.1745(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the release date of
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- that an upward adjustment of $2,000 is warranted. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Bold Gold is apparently liable for a forfeiture in the amount of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Bold Gold Media Group is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 11.35(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
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- Radio, however, provided no documentation of its finances with its NAL Response. Accordingly, we are unable to determine whether a reduction based on inability to pay is warranted and find no basis to reduce the proposed forfeiture of $21,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Consolidated Radio, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for violations of 73.1125, 73.1745(a), and 73.3526 of the Rules. on the date said payment is made. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both First Class
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Clon possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Clon
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- repeated warnings regarding the Antenna Structure's faded paint and the unlocked gates, the apparent violations continued, demonstrating a deliberate disregard for the Rules. We therefore conclude that Equity is apparently liable for a forfeiture in the amount of $20,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, Equity Communications LP is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violation of sections 17.50(a) and 73.49 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the release date of
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- of the Rules signed under penalty of perjury by an officer or director of CRNI within thirty (30) days of the release date of this NAL that Station KPIO is now in compliance with section 73.1745(a) of the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's Rules, Catholic Radio Network, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of section 73.1745(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within thirty (30) days of the release date
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- potentially significant impact on consumers with hearing loss, we propose a forfeiture of $100,000 against Keystone Wireless for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in sections 20.19(c)(3)(ii) and 20.19(d)(3)(ii) of the Rules. IV. ORDERING clauses 15. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Keystone Wireless, LLC d.b.a. Immix Wireless IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of one hundred thousand dollars ($100,000) for apparent willful and repeated violation of section 20.19(c)(3)(ii) and (d)(3)(ii) of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days
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- find that an upward adjustment is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that South Bay Aviation is apparently liable for a forfeiture in the amount of $12,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, South Bay Aviation, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for apparently willfully and repeatedly violating Section 301 of the Act and Section 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules
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- the potentially significant impact on consumers with hearing loss, we propose a forfeiture of $82,500 against Chariton Valley for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in sections 20.19(c)(3)(ii) and 20.19(d)(3)(ii) of the Rules. IV. ORDERING clauses Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Missouri RSA 5 Partnership d/b/a Chariton Valley Wireless Services IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eighty two thousand five hundred dollars ($82,500) for apparent willful and repeated violation of section 20.19(c)(3)(ii) and 20.19(d)(3)(ii) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the
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- Bureau's Norfolk Office (``Norfolk Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $25,000 to Spirit. Spirit has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Spirit Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $25,000 for violations of sections 11.35, 73.49, and 73.3526 of the Commission's rules. 4. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release of
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- result in additional enforcement action. Finally, we direct Andrews Tower to notify the Dallas Office when the Tower is dismantled at Federal Communications Commission, Enforcement Bureau, South Central Region, Dallas Office, 9330 LBJ Freeway, Suite 1170, Dallas, Texas, 75243. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Andrews Tower Rental, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand seven hundred fifty dollars ($3,750) for violations of sections 303(q) of the Act and section 17.51(a) of the Rules. 9. IT IS FURTHER ORDERED that Andrews Tower Rental, Inc. SHALL SUBMIT a statement as described
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- station. This statement must be provided to the Tampa Office at the address listed in paragraph 12 within thirty (30) calendar days of the release date of this NAL. Failure to comply with this requirement could subject the licensee to additional enforcement action. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Rules, Michael W. Perry is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE AND ORDER in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act and sections 95.409 and 95.411 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether OTZ possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Carl Weisner, Operations Manager, and Susan L. Hardenbergh,
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- Rules, and direct Cricket to take all necessary and appropriate steps to ensure compliance going forward. We caution Cricket to exercise greater diligence in the future, and we emphasize the importance of accuracy and completeness in the application process. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Commission's Rules, Cricket Communications, Inc. IS hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for providing incorrect material factual information to the Commission without a reasonable basis for believing that the information was correct and accurate in apparent willful violation of section 1.17(a)(2) of the Rules.
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Royal Phone possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Royal
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- each of these companies was granted an opportunity to show, in writing, why no such forfeiture should be imposed. Upon review of the record, and based upon additional information provided by Unintec, we agree that no forfeiture penalty should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to Unitec WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Unitec Hospitality Service, Attn: Walter E. Bader, President, 122 Sherman Street, Denver, CO 80209. FEDERAL COMMUNICATIONS COMMISSION Richard A.
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- in writing, why no such forfeiture should be imposed. Upon review of the record, and based upon additional information provided by the companies, we agree that no forfeiture penalties should be imposed on each of the companies listed in the Appendix. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Franz possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Franz,
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CyberNet possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of CyberNet
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Davidson possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Davidson
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Central Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Central
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether International Access possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of International
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- total forfeiture of $14,000 for marketing two models of unauthorized video assist transmitters manufactured by CIT, model Modulus 3000 and model Modulus 5000, in violation of section 302(b) of the Act and sections 2.803(a)(1) and 74.851(f) of the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314 and 1.80 of the Commission's rules, Custom Interface Technologies, a Division of Thornstar Corporation, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for marketing two models of uncertified wireless video assist transmitters in willful and repeated violations of section 302(b) of the Act and sections 2.803(a)(1) and
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- Service Administrative Company (via e-mail) Rashann Duvall, Universal Service Administrative Company (via email) Stephanie L. Haines, United States Attorney's Office, Western Pennsylvania (via email) Any further reference in this letter to ``your conviction'' refers to your conviction in United States v. Dennis L. Bruno, Criminal Docket No. 11-15 J, Information (W.D. Pa. 2011). 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mullen is apparently liable for a total forfeiture in the amount of $13,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Timothy J. Mullen is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of section 303(q) of the Act, and sections 17.51(a), 17.48, and 17.57 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules
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- Office (Tampa Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $25,000 to St. George. St. George has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, St. George Cable, Inc. LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $25,000 for violations of sections 11.35(a), 76.605(a)(12), 76.611(a) and 76.1801 of the Commission's rules. with any questions regarding payment procedures. St. George Cable, Inc. shall also send electronic notification on the date said payment is made to
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- Theresa Z. Cavanaugh Acting Chief Investigations and Hearings Division Enforcement Bureau cc: Johnnay Schrieber, Universal Service Administrative Company (via e-mail) Rashann Duvall, Universal Service Administrative Company (via email) Juan Rodriguez, Antitrust Division, United States Department of Justice (via e-mail) Stephanie Toussaint, Antitrust Division, United States Department of Justice (via e-mail) 47 C.F.R. § 54.8(g) (2010). See also 47 C.F.R. § 0.111 (delegating authority to the Enforcement Bureau to resolve universal service suspension and debarment proceedings). Letter from Theresa Z. Cavanaugh, Acting Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission to Mr. Barrett C. White, Notice of Suspension and Initiation of Debarment Proceedings, 26 FCC Rcd 10526 (Inv. & Hearings Div., Enf. Bur. 2011) (Attachment 1). An Erratum was published
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- of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tricom USA possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act, and Sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-referenced investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Judith D. O'Neill, Chief Executive Officer, Nakhota, LLC,
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Sprint possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Michael B. Fingerhut, Director, Government Affairs, Sprint
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- these companies was granted an opportunity to show, in writing, why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by the companies, we find that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix FEDERAL COMMUNICATIONS COMMISSION Richard A.
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Carrier Coach possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Allen H. Miller, President, Carrier Coach Inc., 271 Buffalo
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Cross Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to John Chris Ruhl, General Manager, Wireless, Cross Wireless,
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- Office (Miami Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $15,000 to Mr. Criteser. Mr. Criteser has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, John E. Criteser, Jr. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $15,000 for violations of section 301 of the Act. with any questions regarding payment procedures. John E. Criteser, Jr. shall also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED
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- Office (Miami Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $10,000 to Mr. Davis. Mr. Davis has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Neal Davis IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of section 301 of the Act. with any questions regarding payment procedures. Neal Davis shall also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of
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- of the Rules signed under penalty of perjury by an officer or director of MMG within thirty (30) days of the release date of this NAL that Station KRDD(AM) is now in compliance with section 11.35 of the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's Rules, Media Mining Group, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE AND ORDER in the amount of eight thousand dollars ($8,000) for violation of section 11.35 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NationsLine North possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of NationsLine
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NationsLine Delaware possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of NationsLine
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Atlantic Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Atlantic
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- of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Rio Tinto and Alcan possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Rio Tinto and Alcan, Catherine C. Butcher,
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NationsLine DC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of NationsLine
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-2012A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-2012A1.pdf
- may require.'' The Commission's Forfeiture Policy Statement and implementing rules prescribe a base forfeiture of $8,000 for each separate unauthorized substantial transfer of control. Based on the facts and circumstances presented, we conclude that a proposed forfeiture of $8,000 against Windstream Iowa is warranted. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, 0.314 and 1.80 of the rules, Windstream Iowa Communications, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $8,000 for apparently willfully or repeatedly violating Section 214 of the Act and Sections 63.03 and 63.04 of the rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the rules, within thirty (30)
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NationsLine Virginia possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of NationsLine
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- Theresa Z. Cavanaugh Acting Chief Investigations and Hearings Division Enforcement Bureau cc: Johnnay Schrieber, Universal Service Administrative Company (via e-mail) Rashann Duvall, Universal Service Administrative Company (via email) Juan Rodriguez, Antitrust Division, United States Department of Justice (via e-mail) Marvin Opotowsky, Antitrust Division, United States Department of Justice (via e-mail) 47 C.F.R. § 54.8(g) (2010). See also 47 C.F.R. § 0.111 (delegating authority to the Enforcement Bureau to resolve universal service suspension and debarment proceedings). Letter from Theresa Z. Cavanaugh, Acting Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission to Tyrone D. Pipkin, Notice of Suspension and Initiation of Debarment Proceeding, DA 11-1424, 26 FCC Rcd 11389 (Inv. & Hearings Div., Enf. Bur. 2011). 76 Fed. Reg. 54768 (Sept.
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-202A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-202A1.pdf
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NationsLine possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of NationsLine,
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- violation and the potentially significant impact on consumers with hearing loss, we propose a forfeiture of $39,000 against North Central for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in section 20.19(d)(3)(ii) of the Rules. IV. ORDERING clauses Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, North Central Wireless LC d/b/a i wireless IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirty-nine thousand dollars ($39,000) for apparent willful and repeated violation of section 20.19(d)(3)(ii) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after
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- of the Rules. We therefore find that Affordable Phone is apparently liable for a total forfeiture of $30,000 for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in sections 20.19(c)(3)(ii) and 20.19(d)(3)(ii) of the Rules. IV. ORDERING clauses Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Affordable Phone Services, Inc. IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirty thousand dollars ($30,000) for apparent willful and repeated violation of sections 20.19(c)(3)(ii) and 20.19(d)(3)(ii) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after the
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- our review of the facts and circumstances of this case, we admonish Airadigm for its failure to offer to consumers the requisite number or percentage of handset models with a minimum M3 rating in April 2010, in violation of section 20.19(c)(3)(ii) of the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Airadigm Communications, Inc. dba Airfire Wireless IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirty thousand dollars ($30,000) for apparent willful and repeated violation of section 20.19(d)(3)(ii) of the Rules. IT IS FURTHER ORDERED that Airadigm Communications, Inc. dba Airfire Wireless IS ADMONISHED for its violation of section 20.19(c)(3)(ii)
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- 503(b)(6) of the Act, we find that Caprock is apparently liable for a forfeiture of $15,000 for failing to offer to consumers the required number or percentage of M3-rated handset models in willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Caprock Cellular Limited Partnership IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for apparent willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after the release date
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- aid-compatible handset deployment requirements for the entire 2010 calendar year, we propose a forfeiture of $21,000 against Big Sky for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in section 20.19(c)(3)(ii) of the Rules. IV. ORDERING clauses 13. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, iSmart Mobile, LLC d/b/a Big Sky Mobile IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for apparent willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days
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- forfeiture, and the potentially significant impact on consumers with hearing loss, we propose a forfeiture of $51,000 against GCI for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in section 20.19(d)(3)(ii) of the Rules. IV. ORDERING clauses 13. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, General Communication, Inc. IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifty-one thousand dollars ($51,000) for willful and repeated violation of section 20.19(d)(3)(ii) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after the release date of
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- of the apparent violation on consumers with hearing loss, we propose a forfeiture of $75,000 against Centennial for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in sections 20.19(d)(3)(ii) and 20.19(e)(2) of the Rules. IV. ORDERING clauses 16. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Centennial Communications Corporation IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seventy-five thousand dollars ($75,000) for apparent willful and repeated violation of sections 20.19(d)(3)(ii) and 20.19(e)(2) of the Rules. 17. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after the
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- proposed forfeiture, and the potentially significant impact on consumers with hearing loss, we propose a forfeiture of $48,000 against Metropolitan for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in sections 20.19(d)(3)(ii) of the Rules. IV. ORDERING clauses Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Metropolitan Telecommunications Holding Company d.b.a. MetTel IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of forty-eight thousand dollars ($48,000) for apparent willful and repeated violations of section 20.19(d)(3)(ii) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after the
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- facts and circumstances in this case, we admonish Locus for its failure to offer to consumers from January through June 2010 the requisite number or percentage of handset models with a minimum T3 rating, in violation of section 20.19(d)(3)(ii) of the Rules. IV. ORDERING clauses 15. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Locus Telecommunications, Inc. IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand five hundred dollars ($25,500) for apparent willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after the
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- deployment requirements, and the potentially significant impact on consumers with hearing loss, we propose a forfeiture of $25,500 against NEP for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in sections 20.19(c)(3)(ii) of the Rules. IV. ORDERING clauses Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, NEP Cellcorp, Inc. IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand five hundred dollars ($25,500) for willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after the release date
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- willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. We therefore find that MaxCell is apparently liable for a total forfeiture of $30,000 for willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in section 20.19(c)(3)(ii). IV. ORDERING clauses Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Maximum Communications Cellular, LLC IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirty thousand dollars ($30,000) for apparent willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after the release date
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Advantage Wireless Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Advantage
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Turner possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the proposed forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by Certified Mail - Return Receipt Requested to Louise Sams, Executive Vice President,
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- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Community Television is apparently liable for a $10,000 forfeiture. ORDERING CLAUSE ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's Rules, Community Television is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 73.3527(c) of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of Apparent
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- is available at Station KGLA's main studio. This statement must be provided to the New Orleans Office at the address listed in paragraph 14 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Crocodile Broadcasting Corp., Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violations of sections 73.1745(a) and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date
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- file is available at Station WLGT's main studio. This statement must be provided to the Norfolk Office at the address listed in paragraph 12 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Media East, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of sections 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
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- repeated warnings from the USCG about his unauthorized operation. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors, we conclude that Mr. Aversa is apparently liable for a forfeiture in the amount of $20,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, and 1.80 of the Rules, Vincent Aversa, Jr. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violation of section 301 of the Act and section 80.13 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) days of the
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Hanmi possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaint against Hanmi Broadcasting, Inc. before the Enforcement Bureau related to the above-captioned-investigation as of the date of this Consent Decree IS DISMISSED. IT IS FURTHER ORDERED that
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- ID No. XRLTG-VIPJAMM should be revoked on some or all of the bases outlined herein and whether a Forfeiture Order in an amount not to exceed one hundred and twelve thousand five hundred dollars ($112,500) should be issued. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to sections 312(a) and (c) of the Act, and authority delegated pursuant to sections 0.111, 0.311, 1.91(a) and 2.939(b) of the Rules, Shenzhen Tangreat Technology Co., Ltd. is hereby ORDERED TO SHOW CAUSE why its equipment authorization, FCC ID No. XRLTG-VIPJAMM, SHOULD NOT BE REVOKED. Shenzhen SHALL APPEAR before an Administrative Law Judge at a time and place to be specified in a subsequent order and give evidence upon the following issues: To determine whether
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Pantech possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Pantech Wireless, Inc., W. Dennis Summers, Esq.,
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- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Moreno is apparently liable for a forfeiture in the amount of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Rules, Bernabe Moreno is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice of
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- Liability for Forfeiture (``NAL'') in the amount of $10,000 to Foursquare Gospel for the violations listed above. Despite evidence that Foursquare Gospel received the NAL, Foursquare Gospel has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, International Church of the Foursquare Gospel DBA Radio Station KFSG FM, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for repeatedly violating Section 303(q) of the Act, and Sections 17.6(a), 17.47(a), 17.48, and 17.51(a) of the Rules. with any questions regarding payment procedures. International Church of the Foursquare Gospel DBA
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- as set forth on the structure's FAA determination of ``no hazard'' in violation of Section 17.23 of the Rules. Despite evidence that Waldec received the NAL, Waldec has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Waldec Enterprises, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 17.23 of the Rules. with any questions regarding payment procedures. Waldec Enterprises, Inc., shall also send electronic notification on the date said payment is made to WR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that
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- Equipment Authorization and the Commission's Rules. This statement must be provided to the Enforcement Bureau at the address listed in paragraph 24 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture and Order. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Commission's Rules, Utah Broadband, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for apparently willfully and repeatedly violating sections 301 and 302(b) of the Act, and sections 15.1(b) and 15.1(c) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Delta Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Delta
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Coast International possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Coast
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Cyber Mesa possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Cyber
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- Ureach should not be imposed because it did not have a ``high degree of involvement in, or actual notice of, the unlawful activity.'' ordering clauses ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, the proposed forfeiture in the amount of $9,000 issued to Ureach Technologies, Inc. in the July 17, 2008 Notice of Apparent Liability for Forfeiture WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return
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- is apparently liable for a forfeiture in the amount of $25,000. We again caution the Licensee that additional violations of these rules may result in the imposition of higher forfeitures and even harsher enforcement action, including license revocation proceedings. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's rules, that Spanish Broadcasting System Holding Company, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $25,000 for apparently willfully and repeatedly violating Section 73.1206 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether DNA possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Digital
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- $20,000 for unlicensed operation in violation of section 301 of the Act and section 15.1(b) of the Rules and $5,000 for operation of unauthorized equipment in violation of section 302(b) of the Act and section 15.1(c) of the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, AT&T, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of sections 301 and 302(b) of the Act and sections 15.1(b) and 15.1(c) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Simplink possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Simplink
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NET/COMM Services possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of NET/COMM
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TelePlus possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of TelePlus
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Pacific Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Pacific
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether PR Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of PR
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether PiperTel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of PiperTel
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Network Services Solutions possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Network
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Internet & Telephone possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Internet
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NetSpan Corporation possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of NetSpan
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- the statutory factors to the instant case, we conclude that Cumulus is apparently liable for a forfeiture in the amount of ten thousand dollar ($10,000) for its failure to maintain any quarterly issues/programs lists during the current license term. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Cumulus Licensing LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 73.3526(e)(12) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether China Unicom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of China
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NCCC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of North
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- section 64.2009(e) of the Commission's rules and have apparently willfully or repeatedly violated a Bureau order by failing to provide certain information. We find each of the Companies apparently liable for a forfeiture of $29,000. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, section 1.80 of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, each Company listed in Appendix I of this Order is hereby NOTIFIED of their APPARANT LIABLILITY FOR A MONETARY FORFEITURE in the amount of twenty nine thousand dollars ($29,000) each for willfully and repeatedly violating section 64.2009(e) of the Commission's rules by failing to submit annual compliance certificates, and willfully and repeatedly violating a
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- an upward adjustment in the forfeiture amount of $2,000 is warranted. Applying the Forfeiture Policy Statement, section 1.80, and the statutory factors to the instant case, we conclude that Pacific Spanish is apparently liable for a forfeiture of $6,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80 of the Rules, Pacific Spanish Network, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for violation of section 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) days of the release date of this Notice of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Association Administrators possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Association
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Ring Connection possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Ring
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- lighting outage to ensure that a NOTAM for its tower remains current. This statement must be provided to the Kansas City Office at the address listed in paragraph 11 within fifteen days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Rules, KFW Communications LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for violations of section 17.47 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days of the release date of this Notice of Apparent
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ACSW possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested,
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether AT&T possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jackie Flemming, Assistant Vice-President, External Affairs/Regulatory, AT&T Services, Inc.,
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaints against the Licensee before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TCI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Telecom
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- the forfeiture amount is warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Fleurinor is apparently liable for a forfeiture in the amount of $20,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Whisler Fleurinor is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violation of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice of
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- notify the Media Bureau and come into compliance. This statement must be provided to the Tampa Office at the address listed in paragraph 15 within fifteen days of the release date of this Notice of Apparent Liability for Forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, Ace of Hearts Disc Jockey Service, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violation of sections 73.1350 and 74.1235(e) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days
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- Forfeiture Order. ordering clauses Accordingly, IT IS ORDERED that, pursuant to section 405 of the Communications Act of 1934, as amended, and section 1.106 of the Commission's rules (``Rules''), that the Petition for Reconsideration filed by Kacy Rankine IS DENIED and the Forfeiture Order IS AFFIRMED. IT IS ALSO ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Kacy Rankine IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act. on the date said payment is made. IT IS FURTHER ORDERED that this Memorandum Opinion and Order shall be sent by both regular mail and by certified mail, return receipt
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- County Department radio communications system. Mr. Jones must operate his CB station in compliance with the FCC's Rules and at the power limit indicated above. Failure to abide by these rules may result in additional sanctions and monetary forfeitures. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Rules, Ira Jones is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of section 303(n) of the Act and section 95.426(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date
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- $15,000 is warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Garcia is apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000). ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314 and 1.80 of the Rules, Gabriel A. Garcia is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violation of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days of the release date of this Notice of
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- the four consumers identified in the Appendix. We have further determined that American West Advertising is apparently liable for a forfeiture in the amount of $18,000. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that American West is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $18,000 for willful and repeated violations of section 227(b)(1)(B) of the Communications Act, 47 U.S.C. § 227(b)(1)(B), and section 64.1200(a)(2) of the Commission's rules, 47 C.F.R. § 64.1200(a)(2). IT IS FURTHER ORDERED
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- and even after it became aware of the violation, an additional two years elapsed before it sought Commission authority. Based on all the factors and evidence, including the extended period of unauthorized operation, we conclude that a proposed aggregate forfeiture of $19,000 is appropriate. ordering clauses Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.311 and 1.80 of the Rules, Shubat Transportation Company IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand dollars ($19,000) for the willful and repeated violation of section 301 of the Act and section 1.903(a) of the Rules and the willful violation of section 1.949(a) of the Rules. IT IS FURTHER ORDERED that,
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Integrated Telemanagement possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Integrated
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- severe enforcement penalties. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that North County Broadcasting Corporation is apparently liable for a forfeiture in the amount of $6,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, North County Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for apparently willfully and repeatedly violating Section 11.35 of the Commission's Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release
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- other matters as justice may require.'' Based upon our review of the record in this case and the statutory factors identified above, we find that Fox is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, that Fox Television Stations, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for its apparent willful violation of the sponsorship announcements requirements of section 317 of the Communications Act of 1934, as amended, and section 73.1212 of the Commission's rules. IT IS
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- other matters as justice may require.'' Based upon our review of the record in this case and the statutory factors identified above, we find that Access.1 is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, that Access.1 New Jersey License Company, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for its apparent willful violation of the sponsorship announcements requirements of section 317 of the Communications Act of 1934, as amended, and section 73.1212 of the Commission's rules.
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tele Circuit possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Tele
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Westgate Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Westgate
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- Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $20,000 to Mr. Aversa. Mr. Aversa has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Vincent E. Aversa IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for violations of section 301 of the Act and section 80.13 of the Rules. with any questions regarding payment procedures. Mr. Aversa will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ZTG possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ZTG,
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- adjustment of $10,000 is warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Bazile is apparently liable for a forfeiture in the amount of $20,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314, and 1.80 of the Rules, Marckenson Bazile is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violation of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) days of the release date of this Notice of Apparent
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- each of these companies was granted an opportunity to show, in writing, why no such forfeiture should be imposed. Upon review of the record, and based upon additional information provided by the companies we find that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman
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- the absence of material new evidence relating to this matter, we conclude that the Bureau's investigation raises no substantial or material questions of fact as to whether AST possesses the basic qualifications, including those related to character, to hold or obtain a Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by Certified Mail - Return Receipt Requested to counsel for AST Telecom, LLC d/b/a/ Blue Sky Communications, LLC, Kent
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- describe the steps taken to repair the lights and a timetable for completion. This statement must be provided to the Dallas Office at the address listed in paragraph 13 within fifteen days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Rules, Andrews Tower Rental, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 303(q) of the Act and section 17.51(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days of
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- required pursuant to section 17.47 of the Rules. This statement must be provided to the Atlanta Office at the address listed in paragraph 13 within fifteen days of the release date of this Notice of Apparent Liability for Forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Rules, Miller Communications, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violation of section 303(q) of the Act and sections 17.47(a) and 17.51(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days
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- into account the fact that Harrah's unlawful operation continued for almost ten years. Thus, based on all the factors and evidence, including the extended period of unauthorized operation, we conclude that a proposed aggregate forfeiture of $15,000 is appropriate. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Harrah's Atlantic City Operating Company LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violation of section 301 of the Act and sections 1.903(a) and 1.949(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion IS GRANTED, that the proceedings ARE DISMISSED WITH PREJUDICE, and that the proceedings ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. § 224. Joint Motion to Dismiss, File Nos. EB-06-MD-005, EB-07-MD-003 (filed Apr. 5, 2011)
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- the lighting outage to ensure that a NOTAM for its tower remains current. This statement must be provided to the Houston Office at the address listed in paragraph 15 within fifteen days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, RAMCO Broadband Services is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of sections 17.4(g), 17.48, 17.51(a) and 17.57 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Allegiance possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended (the ``Act''), and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by certified mail, return receipt requested, to Mr. William Haggarty, Chief Executive Officer, Allegiance Communications, LLC, 1819 Airport Drive,
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- City Office (``Kansas City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $6,000 to KFW. KFW has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, KFW Communications LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,000 for violations of section 17.47 of the Rules. with any questions regarding payment procedures. KFW will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Call One possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of United
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- previously disclosed to the Commission, the matters raised in the investigation do not raise any substantial and material questions of fact regarding Comcast's qualifications to hold an authorization or license issued by the Commission. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 151(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned matter IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Comcast Corporation Compliance with the Commission's Closed Captioning Pass-Through Rule
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Telestar possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of U.S.
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Latino Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Latino
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- proposed forfeiture is warranted.'' Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we therefore conclude that A Radio is apparently liable for a forfeiture in the amount of $25,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Rules, A Radio Company, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violating the terms of a Bureau order adopted pursuant to section 4(i) and 503(b) of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Team Electronics possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Team
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- compliance with Section 17.51(a) of the Commission's Rules. This statement must be provided to the Enforcement Bureau at the address listed in paragraph 15 within fifteen days of the release date of this Notice of Apparent Liability for Forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0314 and 1.80 of the Rules, CBS Communications Services, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 303(q) of the Act, and section 17.51(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Neutral possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Neutral
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- of these companies was granted an opportunity to show, in writing, why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by the companies, we find that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman
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- of these companies was granted an opportunity to show, in writing, why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by the companies, we find that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether PreSonus possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for PreSonus Audio Electronics, Inc., Tony Lin, Esq.,
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- 1.80, and the statutory factors to the instant case, we conclude that Pilot Media is apparently liable for a forfeiture in the amount of $4,000 for its failure to maintain its quarterly issues/program lists during the current license term. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, Pilot Media, LCC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for apparently willfully and repeatedly violating section 73.3526(e)(12) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release
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- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80, and the statutory factors to the instant case, we conclude that Mattoon Broadcasting is apparently liable for a $14,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Mattoon Broadcasting Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violations of sections 73.49 and 73.1125(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Metronet possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Metronet
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- of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80, and the statutory factors to the instant case, we conclude that Frandsen is apparently liable for a forfeiture in the amount of $14,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, Frandsen Media Company, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violations of sections 1.1310 and 73.1560(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release
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- the forfeiture based on the licensee's inability to pay is warranted. Thus, we conclude that Mr. Smith is liable for a forfeiture in the amount of $11,500, an amount equal to 7.7 percent of Station KANR's average gross revenues. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Daniel D. Smith IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand five hundred dollars ($11,500) for violations of section 11.35(a), 17.47, 17.50, and 73.3526 of the Rules. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by both First Class and Certified
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- show, in writing, why no such forfeiture should be imposed. In response to the NAL, each cable operator sufficiently demonstrated that it had provided the advanced notice required under our rules. Therefore, we find that no forfeiture penalty should be imposed. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeitures issued in the above captioned proceedings WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each counsel of record in the above captioned proceedings. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief,
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- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Alcime is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Rules, Alex Alcime is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice of Apparent
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- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Ford is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Rules, Patrick Michael Ford is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
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- matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Morey is apparently liable for a forfeiture in the amount of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Rules, Thomas L. Morey is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days of the release date of this Notice of
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- matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Rhodd is apparently liable for a forfeiture in the amount of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Rules, Mikhail Rhodd is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice of Apparent
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- matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Robinson is apparently liable for a forfeiture in the amount of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Rules, Antonio Robinson is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 301 of the Act. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice of
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- are warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Garcia is apparently liable for a total forfeiture in the amount of twenty-five thousand dollars ($25,000). ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Rules, Gabriel A. Garcia is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violation of section 303(n) of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days of the release date of this Notice of
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- previously disclosed to the Commission, the matters raised in the investigation do not raise any substantial and material questions of fact regarding Sprint's qualifications to hold an authorization or license issued by the Commission. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned matter IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Sprint Nextel Corporation, c/o
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- find that an upward adjustment in the forfeiture amount of $10,000 is warranted. Applying the Forfeiture Policy Statement, section 1.80, and the statutory factors to the instant case, we conclude that Mr. Millwood is apparently liable for a forfeiture in the amount of $20,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, 0.314, and 1.80 of the Rules, Recardo Millwood is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice of
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- find that an upward adjustment of $5,000 is warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Lindor is apparently liable for a $15,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Fritzner Lindor is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the release date of this Notice
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation, as to the Station and/or the Licensee, IS TERMINATED. IT IS FURTHER ORDERED that any third-party complaints and allegations against the Stations and/or the Licensee before the Enforcement Bureau related to the above-captioned investigation as of the
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- file is available at Station KVOZ's main studio. This statement must be provided to the Houston Office at the address listed in paragraph 15 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Consolidated Radio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for violations of sections 73.1125, 73.1745(a) and 73.3526 of the Rules. IT IS FURTHER ORDERED that Consolidated Radio, Inc. SHALL SUBMIT a sworn statement as described in paragraph 10 to the
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- Act from $10,000 to $15,000. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Ms. Smith is apparently liable for a forfeiture in the amount of $22,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Judith V. Smith is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-two thousand dollars ($22,000) for violation of sections 301 and 303(n) of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules, within thirty days of the release date
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- of our review, we conclude that Torres willfully and repeatedly violated section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that a forfeiture in the amount of $4,000 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311, 0.314 and 1.80(f)(4) of the Commission's Rules, Jose Torres IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating section 1.903(a) of the Commission's Rules. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Jose Torres at his
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- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80, and the statutory factors to the instant case, we conclude Sickafus is apparently liable for a forfeiture in the amount of $7,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80 of the Commission's Rules, Patrick H. Sickafus is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of section 73.49 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice of Apparent
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether PCS and Surry possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to David L. Nace, Lukas, Nace, Gutierrez & Sachs,
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- within fifteen days of the release date of this Notice of Apparent Liability for Forfeiture and Order. We caution Mr. Warmath that licensees are expected to comply with the Rules and further violations may result in additional enforcement action. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, John F. Warmath is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of sections 73.49, 11.35, and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Luxul possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jeffrey Curtis, President & Chief Executive Officer, Luxul Wireless,
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- time the San Diego agents made a second inspection. Applying the Forfeiture Policy Statement, section 1.80, and the statutory factors to the instant case, we conclude that Lazer is apparently liable for a forfeiture in the amount of $8,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Lazer Licenses, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of section 73.3526 of the rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the release date of this
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- the Enforcement Bureau's Boston Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $15,000 to Brown. Brown has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Robert Brown IS LIABLE FOR A MONETARY FORFEITURE in the amount of $15,000 for violations of section 301 of the Rules. with any questions regarding payment procedures. Brown will also send electronic notification on the date said payment is made to NER-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of this
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaint against the Licensee before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree IS DISMISSED. IT IS FURTHER ORDERED that a
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- the Enforcement Bureau's Boston Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $15,000 to Morris. Morris has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Lloyd Morris IS LIABLE FOR A MONETARY FORFEITURE in the amount of $15,000 for violations of section 301 of the Rules. with any questions regarding payment procedures. Morris will also send electronic notification on the date said payment is made to NER-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of this
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- ability to pay a forfeiture. We have reviewed our records and World Media's submitted documentation and conclude that the forfeiture should be reduced to $5,500, based on its documented inability to pay the forfeiture amount proposed in the NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, World Media Broadcast Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand five hundred dollars ($5,500) for violations of section 11.35(a), 73.1400(a)(1)(ii), and 73.3526 of the Rules. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether AMFM Radio possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against AMFM Radio Licenses, L.L.C., before the Enforcement Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED
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- account the fact that Call Mobile's unlawful operation continued for more that two and a half years. Thus, based on all the factors and evidence, including the extended period of unauthorized operation, we conclude that a proposed aggregate forfeiture of $15,000 is appropriate. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.311, and 1.80 of the Rules, Call Mobile IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for the willful and repeated violation of section 301 of the Act and section 1.903(a) of the Rules and the willful violation of section 1.949(a) of the Rules. IT IS FURTHER ORDERED that, pursuant
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- stations, raising concerns that the Licensee may have a systematic compliance issue with the Commission's public inspection file rules. We strongly encourage the Licensee to review those rules closely and ensure that all of its facilities are in compliance. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, Entertainment Media Trust, Dennis J. Watkins, Trustee is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of sections 73.1350, 73.1590 and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty
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- concerns that Entertainment Media Trust may have a systematic compliance issue with the Commission's public inspection file rules. We strongly encourage Entertainment Media Trust to review those rules closely and ensure that all of its facilities are in compliance. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Entertainment Media Trust, Dennis J. Watkins, Trustee, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-four thousand dollars ($24,000) for violations of section 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release
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- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Clarke is apparently liable for a forfeiture in the amount of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Rules, Durrant Clarke is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice of Apparent
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- the evidence before us, we find that Media East willfully violated section 73.3526 of the Rules by failing to make available a complete public inspection file. Accordingly, we deny Media East's request for cancellation of the proposed $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Media East, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 73.3526 of the Rules. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by both First Class and Certified Mail Return Receipt Requested to Media East,
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- matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Stephen R. Peters is apparently liable for a ten thousand dollar ($10,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Rules, Stephen R. Peters is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 73.3526(e)(12) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice of
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- such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Ms. Woofter is apparently liable for a ten thousand dollar ($10,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Rules, Della Jane Woofter is hereby NOTIFIED of her APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 73.3526(e)(12) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice of
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- that Station KSKT-CA is now in compliance with section 73.3526 of the Rules. This statement must be provided to the Enforcement Bureau at the address listed in paragraph 11 within thirty days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, Blue Skies Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violation of section 73.3526(e)(11)(i) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date of
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether MetroPCS possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Roger D. Linquist, President and CEO, MetroPCS Communications,
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- by operating an unlicensed radio station. Accordingly, pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we conclude that cancellation of the forfeiture is unwarranted and impose a forfeiture in the amount of $20,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Nounoune Lubin IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of section 301 of the Act. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested to Nounoune Lubin at
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- not a mitigating factor warranting a forfeiture reduction. Accordingly, we conclude that SmartLabs is apparently liable for a $10,000 forfeiture for marketing an uncertified radio frequency device in willful and repeated violation of section 302(b) of the Act and section 2.803(a)(1) of the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.311, and 1.80 of the Commission's Rules, SmartLabs, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for marketing an uncertified radio frequency device in willful and repeated violation of section 302(a) of the Act and section 2.803(a)(1) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80
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- to section 11.35 of the Rules. This statement must be provided to the Norfolk Office at the address listed in paragraph 11 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture and Order. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, CRS Radio Holding Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of section 11.35 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date of
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- is an appropriate upward adjustment for Comcast's apparent violations. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Comcast is apparently liable for a $16,000 forfeiture. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, Comcast of Alabama, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for violations of sections 11.35(a) and 11.51(h) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the
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- and willfully violated section 303(n) of the Act, and section 95.115 of the Rules. Considering the entire record and the factors listed above, we find that Bondy is liable for a forfeiture in the amount of $24,000. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Rules, we find that Kevin Bondy IS LIABLE FOR A MONETARY FORFEITURE in the amount of $24,000 for willfully and repeatedly violating sections 301 and 333 of the Act, and section 95.183(a)(5) of the Rules, and for willfully violating section 303(n) of the Act and section 95.115 of the Rules. with any questions regarding
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- in writing, why no such forfeiture should be imposed. Upon review of the record, and based upon additional information provided by the companies, we agree that no forfeiture penalties should be imposed on each of the companies listed in the Appendix. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman
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- the Rules. This statement must be provided to the San Francisco Office at the address listed in paragraph 11, below, within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and Order. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Brian R. Ragan is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violations of Sections 301 and 303(n) of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the
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- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Dorvilus is apparently liable for a forfeiture of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Mercius Dorvilus is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release date of
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- that, in general, gross revenues are the best indicator of an ability to pay a forfeiture. Based on our review of the financial documents provided by Mr. Clarke, we find that a reduction from $10,000 to $1,000 is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Durrant Clarke IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for violations of Section 301 of the Act. on the date said payment is made. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both First Class and Certified Mail,
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-109A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-109A1.pdf
- KCRX(AM) is now in compliance with Section 11.35 of the Rules. This statement must be provided to the San Diego Office at the address listed in paragraph 11 within thirty (30) calendar days of the release of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Rosendo Casarez, Jr., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty (30) calendar days of the release date
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-111A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-111A1.pdf
- disregard for the Act and Commission's rules. Accordingly, applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Fleurinor is apparently liable for a forfeiture of $25,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Whisler Fleurinor is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release date of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-112A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-112A1.pdf
- the forfeiture amount is warranted. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Cheriza is apparently liable for a forfeiture in the amount of $20,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Robens Cheriza is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release date of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-115A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-115A1.pdf
- of our review, we conclude that Cerritos Ford willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that a forfeiture in the amount of $4,000 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Cerritos Ford IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 1.903(a) of the Commission's Rules. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by both First Class Mail and Certified Mail Return Receipt
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-136A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-136A1.pdf
- KPIR is maintaining and making available a complete public inspection file. This statement must be provided to the Dallas Office at the address listed in paragraph 12 within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, The L.R. Radio Group, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 73.3526 of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty (30) calendar days of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-157A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-157A1.pdf
- and complete public inspection files for Stations KQMG and KQMG-FM. This statement must be provided to the Kansas City Office at the address listed in paragraph 18 within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's Rules, KM Radio of Independence, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Sections 11.35, 17.51, 73.1560(b), and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-16A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-16A1.pdf
- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Companies possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by certified mail, return receipt requested, to counsel for the Companies, Brian W. Murray, Esq., Latham & Watkins LLP, 555
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- disputed issues, which may limit or eliminate the need for litigation and the further expenditure of resources by the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, 47 U.S.C. §§ 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Joint Notice of Settlement and Voluntary Dismissal IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, 47 U.S.C. §§ 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 1.1401-1.1418, and the authority delegated in sections 0.111
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-194A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-194A1.pdf
- Athens, Ohio are in compliance with Section 11.35 of the Rules. This statement must be provided to the Detroit Office at the address listed in paragraph 10 within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204(b), 0.311, 0.314 and 1.80 of the Commission's rules, Richards TV Cable Co. Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 11.35 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty days of the release date
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-197A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-197A1.pdf
- penalty of perjury by an officer or director of Taylor Broadcasting that the Station's main studio is staffed full-time by full-time managerial and staff personnel (listing the names of the staff and manager and the hours and days worked). ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204(b), 0.311, 0.314 and 1.80 of the Commission's Rules, Taylor Broadcasting Co. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 73.1125(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) calendar days of the release date
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-198A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-198A1.pdf
- the succeeding calendar quarter. This statement must be provided to the Philadelphia Office at the address listed in paragraph 11 within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and Order. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Curran Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 73.3526(e)(12) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-211A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-211A1.pdf
- this case, there were two separate unauthorized transfers of control. Based on the facts and circumstances presented, HTI is therefore apparently liable for a total forfeiture of $16,000 for willful violations of the express terms of the cable landing license for the Cable System. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, 0.314 and 1.80 of the Rules, Hawaiian Telcom, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $16,000 for apparently willfully or repeatedly violating the conditions of the submarine cable landing license for the Hawaii Interisland Cable System. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30)
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-267A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-267A1.pdf
- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether BSCI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Thomas J. Moorman, Woods & Aitken LLP, 2154 Wisconsin
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-270A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-270A1.pdf
- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether AMS possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Lynn P. Martin, President, American Music and Sound, 22020
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- its license authorization. This statement must be provided to the Houston Office at the address listed in paragraph 11, below, within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and Order. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, JHT Ventures, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.1745(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release date
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-277A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-277A1.pdf
- come into full compliance with Section 73.1350(a) of the Rules. This statement must be provided to the Tampa Office at the address listed in paragraph 12, below, within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Super W Media Group, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.1350(a) of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of
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- and the Rules. This statement must be provided to the San Juan Office at the address listed in paragraph 19 within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and Order. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Argos Net, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of Section 301 of the Act and Section 15.1(b) of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-281A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-281A1.pdf
- Commission to update the ownership information for the Antenna Structure. This statement must be provided to the San Juan Office at the address listed in paragraph 11 within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Hacienda San Eladio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand five hundred dollars ($4,500) for violation of Section 17.57 of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-282A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-282A1.pdf
- has determined that, in general, gross revenues are the best indicator of an ability to pay a forfeiture. Based on the financial documents and other materials provided by Insight, we find sufficient basis to reduce the forfeiture to $16,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Insight Consulting Group of Kansas City, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of sixteen thousand dollars ($16,000) for violations of Section 301 of the Act and Section 15.1(b) of the Commission's rules. with any questions regarding payment procedures. Insight shall also send electronic notification on the date
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-285A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-285A1.pdf
- compliance with Section 20.19(c)(3)(ii) of the hearing aid compatibility rules. Based on information recently provided by Epic Touch regarding its wireless handset offerings, we conclude that Epic Touch has demonstrated that it was in compliance during the requisite period. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the proposed forfeiture issued to Epic Touch in the 2010 NAL WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-338A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-338A1.pdf
- We have previously rejected inability to pay claims in cases of repeated or otherwise egregious violations. Therefore, future violations of this kind may result in significantly higher forfeitures that may not be reduced due to Mr. Lebron's financial circumstances. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Eleuterio Lebron IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violations of Section 301 of the Act. on the date said payment is made. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both First Class and
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-339A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-339A1.pdf
- the forfeiture amount is warranted. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Darius is apparently liable for a forfeiture in the amount of $15,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Jeffrey Darius is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release date of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-341A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-341A1.pdf
- public inspection file; and (3) properly installed Station WNFO's EAS equipment. This statement must be provided to the Atlanta Office at the address listed in paragraph 19 within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Walter M. Czura is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty five thousand dollars ($25,000) for violations of Sections 11.35(a), 73.49, and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty (30) calendar days
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- of its transmitter. This statement must be provided to the Chicago Office at the address listed in paragraph 14, below, within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and Order. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204(b), 0.311, 0.314, and 1.80 of the Commission's Rules, Hoosier Public Radio Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 73.1350(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-356A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-356A1.pdf
- San Francisco Office (San Francisco Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $25,000 to Garcia. Garcia has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Gabriel A. Garcia IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 301 of the Communications Act of 1934, as amended. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by both First Class Mail
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-357A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-357A1.pdf
- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Uniradio possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Ricardo Astiazaran, General Manager, Uniradio Corporation, 5030 Camino
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-360A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-360A1.pdf
- absence of new material evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ETI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Avi El-Kiss, Vice President, ETI Sound Systems, Inc.,
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- San Francisco Office (San Francisco Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $25,000 to Garcia. Garcia has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Gabriel A. Garcia IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 303(n) of the Communications Act of 1934, as amended. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by both First Class Mail
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-391A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-391A1.pdf
- absence of material new evidence relating to these matters, we conclude that our investigations raise no substantial or material questions of fact as to whether Verizon possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Tamara Preiss, Vice President, Federal Regulatory Affairs, Verizon, 1300
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Verizon Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Mr. John T. Scott, III, Vice President and Deputy
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- assisting, or advising applicants or service providers regarding the E-Rate program. Sincerely, Theresa Z. Cavanaugh Acting Chief Investigations and Hearings Division Enforcement Bureau cc: Johnnay Schrieber, Universal Service Administrative Company (via e-mail) Rashann Duvall, Universal Service Administrative Company (via e-mail) Stephanie L. Haines, United States Attorney's Office, Western Pennsylvania (via e-mail) 47 C.F.R. § 54.8(g). See also 47 C.F.R. § 0.111 (delegating authority to the Enforcement Bureau to resolve universal service suspension and debarment proceedings). Letter from Theresa Z. Cavanaugh, Acting Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Dr. Dennis L. Bruno, Notice of Suspension and Initiation of Debarment Proceeding, 26 FCC Rcd 16006 (Enf. Bur. 2011) (Attachment 1). 76 Fed. Reg. 74058 (Nov. 30, 2011). (Press
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- Forfeiture Policy Statement, we conclude that Pacific Spanish willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that a forfeiture in the amount of $6,000 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Pacific Spanish Network, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000) for willfully and repeatedly violating Section 1.903(a) of the Commission's rules. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by both First Class Mail and Certified Mail,
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Hawking possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Act, and sections 0.111 and 0.311 of the rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned enforcement proceeding IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Frank Lin, President, Hawking Technologies, Inc., 36 Hammond,
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- Office (Miami Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $10,000 to Mr. Dorviuls. Mr. Dorvilus has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Mercius Dorvilus IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 301 of the Act. with any questions regarding payment procedures. Mercius Dorvilus shall also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of
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- its U-NII systems in compliance with FCC rules and applicable authorizations. This statement must be provided to the Enforcement Bureau at the address listed in paragraph 16 within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, VPNet, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Sections 301 and 302(b) of the Act and Sections 15.1(b) and 15.1(c). IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty calendar days
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- of Justice (via e-mail) Any further reference in this letter to ``your conviction'' refers to your guilty plea and subsequent sentencing for conspiracy to defraud the United States in United States v. Gloria F. Harper, Criminal Docket No. 2:10-cr-00326-CJB-ALC, Plea Agreement (E.D. La. filed June 2, 2011 and entered June 6, 2011) (Plea Agreement). 47 C.F.R. § 54.8. Id. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the E-Rate program in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (Second Report and Order) (adopting Section 54.521 to suspend and debar parties
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- in the amount of $22,000. We further caution Mr. Young that future violations may be subject to more severe enforcement action, including but not limited to larger monetary forfeitures, criminal prosecution, and the in rem seizure of his equipment. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Arthur Lee Young is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-two thousand dollars ($22,000) for violations of Sections 301 and 303(n) of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the
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- pay a claim, the Commission has determined that, in general, gross revenues are the best indicator of an ability to pay a forfeiture. Having reviewed Vision Latina's submitted documentation, we conclude that the forfeiture should be reduced to $500. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Vision Latina Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five hundred dollars ($500) for violations of Sections 73.1125 and 73.3526 of the Commission's rules. on the date said payment is made. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both
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- we conclude that our investigations raise no substantial or material questions of fact as to whether Reduced Rate Long Distance possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Thomas K. Crowe, Partner, Law Offices of Thomas K. Crowe,
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- with the Forfeiture Policy Statement, we conclude that South Bay willfully and repeatedly violated Section 301 of the Act and Section 1.903(a) of the Rules, and we find that a forfeiture in the amount of $300 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, South Bay Aviation, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of three hundred dollars ($300) for willfully and repeatedly violating Section 301 of the Communications Act of 1934, as amended, and Section 1.903(a) of the Commission's rules. . IT IS FURTHER ORDERED that a copy of this Forfeiture
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- Office (Miami Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $20,000 to Mr. Cheriza. Mr. Cheriza has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Robens Cheriza IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for violations of Section 301 of the Act. with any questions regarding payment procedures. Robens Cheriza shall also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of
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- Office (Miami Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $10,000 to Mr. Thermitus. Mr. Thermitus has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Robenson Thermitus IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 301 of the Act. with any questions regarding payment procedures. Robenson Thermitus shall also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of
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- of an ability to pay a forfeiture. We have reviewed our records and Beacon's submitted documentation and conclude that the forfeiture should be reduced to $8,000, an amount within the range determined by the Bureau to be affordable. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Beacon Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Sections 73.3526(e)(12), 73.1745(a), and 1.903(a) of the Rules. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by both First Class and Certified Mail, Return Receipt
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- with the corresponding NOTAM number; and (4) a timeframe for repair. This statement must be provided to the Atlanta Office at the address listed in paragraph 10 within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Telava Wireless, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Section 303(q) of the Act and Section 17.51(a) of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty
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- been restored, Telava's statement shall provide a timeframe for lighting restoration. This statement must be provided to the Chicago Office at the address listed in paragraph 16 within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Telava Wireless, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violations of Section 303(q) of the Act and Sections 17.47 and 17.56(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within
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- that Dollar willfully and repeatedly violated Section 301 of the Act and Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that a forfeiture in the amount of $12,000 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, DTG Operations Inc., d/b/a Dollar Rent-A-Car, IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for willfully and repeatedly violating Section 301 of the Communications Act of 1934, as amended, and Section 1.903(a) of the Commission's rules. IT IS FURTHER ORDERED that a copy of this
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- authorized power levels. This statement must be provided to the Miami Office at the address listed in paragraph 11, below, within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and Order. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, ERJ Media, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.1745(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release date
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- it has implemented to ensure the Antenna Structure retains good visibility. This statement must be provided to the Dallas Office at the address listed in paragraph 11 within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Classic Cable, Inc. dba Suddenlink Communications is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 17.50 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules, within thirty (30) calendar days of
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- it has implemented to ensure the Antenna Structure retains good visibility. This statement must be provided to the Dallas Office at the address listed in paragraph 11 within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, James Cable, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 17.50 of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules, within thirty (30) calendar days of the release
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- section 227 of the Act and the Commission's related rules and orders, for the reasons set forth in the NAL. III. ordering clauses Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Response Card Marketing, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $9,000 for willfully or repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation, as to the Station and/or the Licensee, IS TERMINATED. IT IS FURTHER ORDERED that any third-party complaints and allegations against the Stations and/or the Licensee before the Enforcement Bureau related to the above-captioned investigation as of the date
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- it has implemented to ensure the Antenna Structure retains good visibility. This statement must be provided to the Dallas Office at the address listed in paragraph 11 within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Mobile Phone of Texas, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 17.50 of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty (30) calendar days of
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- Kissi willfully and repeatedly violated Section 301 of the Act. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's rules, the Petition for Reconsideration filed by Alexander Kissi IS DENIED. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, Alexander Kissi IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. on the date said payment is made. IT IS FURTHER ORDERED that this Memorandum Opinion and Order shall be sent by both regular mail and by certified mail, return
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- of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Mr. Mann possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned enforcement proceeding IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Richard Mann d/b/a The Antique Radio Collector, 4231
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- such cases that, in general, gross revenues are the best indicator of an ability to pay a forfeiture. Based on the financial documents and other materials provided by Power, we find sufficient basis to reduce the forfeiture to $1,500. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Power Ministries IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violations of section 73.1660(a)(2) of the Commission's rules. with any questions regarding payment procedures. Power Ministries shall also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. IT IS
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- Forfeiture Order. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Rules, that the Petition for Reconsideration filed by Princess K Fishing Corporation IS DISMISSED and the Forfeiture Order IS AFFIRMED. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Princess K Fishing Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand, five hundred dollars ($5,500) for violations of section 80.89(a) of the Rules. with any questions regarding payment procedures. Princess K shall also send electronic notification to WR-Response@fcc.gov on the date said payment is made. IT IS FURTHER ORDERED
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- has a valid STA. This statement must be provided to the Philadelphia Office at the address listed in paragraph 15, infra, within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture and Order. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314, and 1.80 of the Commission's Rules, Nassau Broadcasting II, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violations of sections 73.1745(a) and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within thirty (30) days of the
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- signed under penalty of perjury by an officer or director of Mapleton within thirty (30) calendar days of the release date of this Forfeiture Order that Station KXDZ(FM) is now in compliance with Section 73.3526 of the Rules. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Mapleton License of San Luis Obispo, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 73.3526 of the Commission's Rules. . IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by both First Class
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- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Thermitus is apparently liable for a forfeiture of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Robenson Thermitus is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release date of
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Telrite possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act, and Sections 0.111 and 0.311 of the rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to David H. Solomon, Wilkinson Barker Knauer, LLP, 2300 N
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- statement must be provided to the Federal Communications Commission, Enforcement Bureau, South Central Region, Tampa Office, 4010 W. Boy Scout Blvd., Suite 425, Tampa, Florida 33607, within thirty (30) calendar days of the release date of this Forfeiture Order. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Ace of Hearts Disc Jockey Service, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand dollars ($11,000) for violations of Sections 73.1350 and 74.1235(e) of the Commission's rules. IT IS FURTHER ORDERED that Ace of Hearts Disc Jockey Service, Inc. SHALL SUBMIT a statement as described in
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- absence of new material evidence relating to this matter, we conclude that our investigations raise no substantial or material questions of fact as to whether Ztar possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Kevin Haddad, President, Ztar Mobile, Inc., 16 Village
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- and describing the disposition of the remaining inventory of the device. This statement must be provided to the Enforcement Bureau at the address listed in paragraph 13 within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, US Jetting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand four hundred dollars ($8,400) for violation of Section 302(b) of the Act and Sections 2.803(a)(1) and 15.201(b) of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
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- for a forfeiture in the amount of twenty two thousand dollars ($22,000). In view of today's action, and in light of Clear Channel's prior history of non-compliance, we caution that the imposition of even higher forfeitures may result in the future if such misconduct persists. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Commission's rules, that Clear Channel Communications, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty two thousand dollars ($22,000) for apparently willfully and repeatedly violating section 73.1216 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty (30) days of
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether InterMetro possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to David Olert, InterMetro Communications, Inc., 2685 Park Center Dr.,
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- consistent with prior precedent for entities failing to receive prior authorization from the International Bureau, a proposed forfeiture of $100,000 is warranted for Page Plus's apparent willful repeated failure to obtain Section 214 authority from the Commission prior to providing international telecommunications service. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, 0.314 and 1.80 of the rules, Start Wireless Group, Inc. d/b/a Page Plus Cellular, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $100,000 for apparently willfully and repeatedly violating Section 214(a) of the Act and Section 63.18 of the rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules,
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- Bureau's Detorit Office issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $10,000 to Taylor Broadcasting. Taylor Broadcasting has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Taylor Broadcasting Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 73.1125 of the Commission's rules. with any questions regarding payment procedures. Taylor Broadcasting Company shall also send electronic notification on the date said payment is made to NER-Response@fcc.gov. 5. IT IS FURTHER ORDERED that
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- the Enforcement Bureau's Detroit Office issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $22,000 to R.J. R.J. has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, R.J.'s Late Night Entertainment Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $22,000 for violations of Sections 11.35(a), 73.1690(b)(2), and 73.3527(b)(1) of the Commission's rules. with any questions regarding payment procedures. R.J.'s Late Night Entertainment Corporation shall also send electronic notification on the date said payment is made to
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- (Kansas City Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $10,000 to KM Radio. KM Radio has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, KM Radio of Independence, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 303(q) of the Act and Sections 11.35, 17.51, 73.1560(b), and 73.3526 of the Commission's rules. with any questions regarding payment procedures. KM Radio of Independence, LLC shall also send electronic notification on
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- Cleburne Independent School District Texas $7,231.32 Leander Independent School District Texas $31,872.31 Teague Independent School District Texas $3,190.56 TOTAL $891,987.85 Any further reference in this letter to ``your conviction'' refers to your guilty plea and subsequent sentencing for mail fraud in United States v. Jonathan Michael Slaughter, Criminal Case No. 2:11cr162-MEF-01, Judgment (M.D. Ala. 2012) (Judgment). See 47 C.F.R. § 0.111 (delegating authority to the Bureau to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the E-Rate program in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (Second Report and Order) (adopting Section 54.521 to suspend and debar parties from
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- 13, 2012, the Division released an Order and Consent Decree settling this enforcement proceeding. Consistent with the terms of the Consent Decree, Mr. Mann has now filed a motion with the Bureau seeking to withdraw the pending Application for Review. We hereby grant Mr. Mann's request. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, Mr. Mann's Motion to Withdraw IS GRANTED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail, return receipt requested, to Richard Mann d/b/a The Antique Radio Collector, 4231 Willys Parkway, Toledo, OH 43612. FEDERAL COMMUNICATIONS COMMISSION John D. Poutasse Chief Spectrum Enforcement Division Enforcement
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- Bureau's Detroit Office issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $8,000 to Upper Peninsula. Upper Peninsula has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Upper Peninsula Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for violations of Section 11.35(a) of the Commission's rules. with any questions regarding payment procedures. Upper Peninsula Communications, Inc. shall also send electronic notification on the date said payment is made to NER-Response@fcc.gov. 5. IT IS FURTHER
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- ensure that the FAA maintains an active NOTAM regarding the structure. This statement must be provided to the Houston Office at the address listed in paragraph 13 within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, James A. Davis is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Section 303(q) of the Act and Sections 17.48(a), 17.50, 17.51(a), and 17.57 of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
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- San Diego Office (San Diego Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $8,000 to Casarez. Casarez has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Rosendo Casarez, Jr. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully and repeatedly violating Section 11.35 of the Commission's rules. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by both First Class Mail and Certified Mail, Return
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- this case, the Bureau is fully within its authority to consider deterrence as a factor in determining an appropriate forfeiture amount, as the Forfeiture Policy Statement explicitly discusses. See Forfeiture Policy Statement, 12 FCC Rcd at 17098. See NAL Response at 1. Id. at 8. Id. at 6. See id. See 47 U.S.C. §§ 154(i), 154(j), 403; 47 C.F.R. §§ 0.111, 0.311. See, e.g., Allcom, Notice of Apparent Liability for Forfeiture and Order, 25 FCC Rcd 9124, 9126 (Enf. Bur. 2010). See, e.g., Norfolk Southern Railway Company KFR86 Atlanta, Georgia, Order, 11 FCC Rcd 519 (Compliance & Information Bur. 1996). Reverend Theodore M. Schultz, File No. EB-02-IH-0128, Letter (Enf. Bur. May 30, 2002). See NAL Response at 5-8. See supra note
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation, as to the Station and/or the Licensee, IS TERMINATED. IT IS FURTHER ORDERED that any third-party complaints and allegations against the Station and/or the Licensee before the Enforcement Bureau related to the above-captioned investigation as of the date
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- sponte, and prior to the Bureau's involvement, which warrants a downward adjustment in the forfeiture amount. Accordingly, having considered the record in this case, we find that Nassau is apparently liable for a forfeiture in the amount of $2,000. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's rules, that Nassau Broadcasting III, LLC, Debtor-in-Possession, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $2,000 for apparently willfully violating Section 73.1206 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release date of
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- the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mount Rushmore is apparently liable for a total forfeiture in the amount of twenty-one thousand, five hundred dollars ($21,500). ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Mt. Rushmore Broadcasting, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand, five hundred dollars ($21,500) for violations of Sections 73.1125(a), 73.1125(e), 73.1225(a) and 73.1350(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty
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- 73.3526 of the Rules. This statement must be provided to the Portland Office at the address listed in paragraph 11 within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and Order. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Pacific Empire Radio Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty five thousand dollars ($25,000) for violations of Section 73.3526(e)(12) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the
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- such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that WOYK is apparently liable for a forfeiture in the amount of $7,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, WOYK Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty (30) calendar days of the release date of
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- the succeeding calendar quarter. This statement must be provided to the Philadelphia Office at the address listed in paragraph 14 within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and Order. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Quinn Broadcasting Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for violations of Sections 73.3526(e)(12) and 17.57 of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty (30) calendar days of
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- Office (Miami Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $10,000 to Mr. Cernogg. Mr. Cernogg has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Willis Cernogg, Jr. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 301 of the Act. with any questions regarding payment procedures. Willis Cernogg, Jr. shall also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a
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- the absence of material new evidence relating to these matters, we conclude that our investigations raise no substantial or material questions of fact as to whether Verizon Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to John T. Scott, Vice President and Deputy General Counsel
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- inspection file by the tenth day of the succeeding calendar quarter. This statement must be provided to the Detroit Office at the address listed in paragraph 13 within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Birach Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violations of Sections 73.49, 73.3526(c)(1) and 73.3526(e)(12) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty (30) calendar days of
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Horvath possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jacqueline L. Stout, President, Horvath Towers, LLC, and Jason
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- require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Townsquare is apparently liable for a total forfeiture of $4,000 for operating its daytime-only station after sunset. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Townsquare Media of Flint, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.1745(a) of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of
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- it will take to comply with the Section 17.47 monitoring requirements. This statement must be provided to the Houston Office at the address listed in paragraph 11 within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Martin Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act and Sections 17.47(a) and 17.51(a) of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules,
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- of the Rules, and the statutory factors to the instant case, we conclude that Aramark is apparently liable for a forfeiture of $4,000 for each of the unauthorized frequencies on which it operated, for a total forfeiture of $12,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Aramark is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Section 301 of the Act and Section 1.903(a) of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar
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- amount of $5,000 is warranted. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Rivas is apparently liable for a forfeiture in the amount of $15,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Luis Ernesto Rivas, Jr. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Section 301 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release
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- the forfeiture amount is warranted. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Knighten is apparently liable for a forfeiture in the amount of $15,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Albert R. Knighten, Jr. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release
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- W's submitted documentation and the relevant precedent, we conclude that the Licensee's gross revenues can support paying a reduced forfeiture. Accordingly, we reduce the forfeiture from $4,000 to $3,500 based solely on the financial information that Super W submitted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Super W Media Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand five hundred dollars ($3,500) for violations of Section 73.1350(a) of the Commission's rules. on the date said payment is made. IT IS FURTHER ORDERED that a copy of this Order shall be sent by
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether StanaCard possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by certified mail, return receipt requested, to Mr. Cheng Yi Liu, Esq., Counsel to StanaCard, LLC, Law Offices of Thomas
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- Office (Atlanta Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $22,000 to Mr. Young. Mr. Young has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Arthur Lee Young IS LIABLE FOR A MONETARY FORFEITURE in the amount of $22,000 for violations of Sections 301 and 303(n) of the Act. with any questions regarding payment procedures. Arthur Lee Young shall also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Level 3 possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Gregory T. Diamond, Corporate Counsel, Level 3 Communications, LLC,
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- Station WOAP in compliance with Section 73.1745(a) of the Rules. This statement must be provided to the Detroit Office at the address listed in paragraph 14, below, within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Birach Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.1745(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release date
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- Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Vision Latina Broadcasting is apparently liable for a total forfeiture in the amount of $25,000 for providing incorrect factual information to the Commission. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Vision Latina Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty five thousand dollars ($25,000) for violation of Section 1.17(a)(2) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the
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- of the Rules, and the statutory factors to the instant case, we conclude that Vision Latina Broadcasting is apparently liable for a total forfeiture in the amount of $15,000 for failing to make available a complete public inspection file. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Vision Latina Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violation of Section 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release
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- the forfeiture amount is warranted. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Jean is apparently liable for a forfeiture in the amount of $15,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Pierre Nixon Jean is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release date
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- and in conjunction with the Forfeiture Policy Statement and Section 1.80 of the Rules. Considering the entire record and the statutory factors listed above, we find that A Radio is liable for a forfeiture in the amount of $25,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, A Radio Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violating the terms of a Bureau order adopted pursuant to Sections 4(i) and 503(b) of the Act. on the date said payment is made. IT IS FURTHER ORDERED that a copy of
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- relating to this matter, we, the Bureau, conclude that our investigation raises no substantial or material questions of fact as to whether Comcast possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Comcast before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that a
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- Security Bureau on all matters affecting public safety, homeland security, national security, emergency management, disaster management, and related issues. Section 0.91 is amended by adding the paragraph 0.91(o) to read as follows: (o) Coordinate with the Public Safety and Homeland Security Bureau on all matters affecting public safety, homeland security, national security, emergency management, disaster management, and related issues. Section 0.111 is amended by removing paragraphs (c), (f) and (h) and by redesignating paragraphs (a)(22), (d), (e), (g), and (i)-(l) as (c)-(i) and by revising paragraph (a)(22) to read as follows: § 0.111 Functions of the Bureau * * * * * (a)(22) Advise the Commission or responsible Bureau or Office regarding the enforcement implications of existing and proposed rules. *
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- similar consideration, we believe a $36,000 forfeiture is appropriate for Sinclair's violations. This represents the base amount for the single broadcast of the ABF program over each of the nine above-captioned Sinclair stations on September 11 or 12, 2004. Ordering clauses ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Sonshine is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Forty Thousand Dollars ($40,000) for willfully and repeatedly violating Section 317(a)(1) of the Act and Section 73.1212(a) of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and
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- be assessed or should be reduced. The NAL was sent by certified mail to LocateCell's last known address. LocateCell has not filed a response to the NAL nor has LocateCell paid the proposed forfeiture amount. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 180(f)(4) of the Rules, LocateCell IS LIABLE FOR A MONETARY FORFEITURE in the amount of ninety-seven thousand five hundred dollars ($97,5000) for willfully and repeatedly violating Section 503 of the Act and Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the forfeiture is not paid within the period specified, the
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- for each of the nine models of devices, for an aggregate proposed forfeiture of $63,000. Consistent with precedent, we have considered the statutory factors set forth above and conclude that no adjustment of the proposed forfeiture from the aggregate base amount is warranted. IV. Ordering CLauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Austin Hughes Solutions, Inc., IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of sixty-three thousand dollars ($63,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a)(2) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) days of
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- HSB2 amplifiers that Hawking imported and sold and the fact that the violations continued over a 12-month period. Accordingly, applying the Forfeiture Policy Statement and statutory factors to the instant case, we conclude that Hawking is apparently liable for a $50,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Hawking Technologies, Inc., IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifty thousand dollars ($50,000) for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803(a) and 15.204(d) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days
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- with and disregard for these rules, meriting a larger forfeiture amount based on the company's culpability. Accordingly, we propose an aggregate forfeiture of $150,000 for Ramko's apparent willful and repeated violation of Section 302(b) of the Act and Section 2.803 of the Rules. IV. Ordering CLauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Ramko Distributors, Inc., IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of one hundred fifty thousand dollars ($150,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) days
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- the licenses. Such conduct is unfair to other applicants and clearly undermines the integrity and success of the Commission's auctions. Prohibiting such communications between applicants during the proscribed auction period protects a valid governmental interest without infringing unduly on the First Amendment rights of auction participants. The Enforcement Bureau Has Jurisdiction To Enforce The Anti-Collusion Rules Northeast argues that section 0.111 of the Commission's rules denies the Enforcement Bureau jurisdiction to render a forfeiture order against it because this matter is related ``to a pending application for a license.'' Section 0.111(a) of the Commission's rules conveys to the Enforcement Bureau the primary responsibility for enforcement functions related to certain Commission rules and regulations. Contrary to Northeast's implication, by enforcing the anti-collusion
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- ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. § 1.106, that the Petition for Reconsideration filed June 9, 2008, by Christian Voice of Central Ohio, Inc. IS DENIED, that the Enforcement Bureau's May 9, 2008, decision IS AFFIRMED. 12. IT IS FURTHER ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, that Christian Voice of Central Ohio, Inc., licensee of then-noncommercial educational Station WCVZ(FM), South Zanesville, Ohio, FORFEIT to the United States the sum of Nine Thousand Dollars ($9,000) within 20 days from the release date of this Memorandum Opinion and Order for willfully and repeatedly broadcasting advertisements in violation of Section 399B of
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- Commission's rules. We have reviewed our records and note no other violations by Sonshine. Under similar circumstances, we have reduced proposed forfeitures, and we find that doing so in this case is appropriate. Consequently, we reduce Sonshine's forfeiture amount from $40,000 to $32,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, Sonshine Family Television, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $32,000 for its willful and repeated violation of Section 317(a)(1) of the Act and Section 73.1212(a) of the Commission's rules. . IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by First Class Mail
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- mail/return receipt requested, a copy of this Notice of Debarment to Philip H. Stillman, Esq., 224 Birmingham Drive, Suite 2A, Cardiff, CA 92007. IT IS FURTHER ORDERED, pursuant to section 54.8 of the Commission's rules, 47 C.F.R. § 54.8, that this Notice SHALL BE PUBLISHED in the Federal Register. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary See 47 C.F.R. §§ 0.111(a), 54.8. Any further reference in this letter to ``Green's conviction'' refers to the judgment on conviction of twenty-two counts entered in Federal District Court earlier this year. United States v. Judy Green, Criminal Docket No. 3:05-CR-00208-WHA-007, Judgment (N.D. Cal. Filed and entered March 19, 2008) (``Judy Green Judgment''). 47 U.S.C. § 254. The Telecommunications Act of 1996 amended the Communications
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- opt-out requests from businesses where more than one person may use the same fax machine. That question is not at issue here and our decision here not to impose a forfeiture does not imply agreement with Progressive Business's views. ordering clauses ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeitures in the Notice of Apparent Liability for Forfeiture against Progressive Business WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), the citation issued to Progressive Business, Inc. by
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- forfeiture in the amount of forty-four thousand dollars ($44,000). This represents the base amount for each of the 11 instances in which a WIN-sponsored announcement was broadcast without disclosing that the announcement was sponsored, paid for, or furnished by WIN. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314, and 1.80 of the Commission's rules, that Radio License Holding XI, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of forty-four thousand dollars ($44,000) for its apparent willful violation of the sponsorship identification requirements of section 317 of the Communications Act of 1934, as amended, and section 73.1212 of the Commission's rules. IT
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- the same damages, arising from the same transaction, that are at issue in the FCC Complaint. Accordingly, we dismiss COMSAT's FCC Complaint with prejudice. V. ORDERING CLAUSE 30. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 207, and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 207, 208, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the formal complaint in this proceeding IS DISMISSED WITH PREJUDICE and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 208. 47 U.S.C. §§ 751-757 (Maritime Satellite Act or Inmarsat Act). COMSAT also refers to the Inmarsat Convention, the Inmarsat Operating
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- (allowing a plaintiff to dismiss an action without prejudice by filing a notice of dismissal before service of an answer by the adverse party). Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b) and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b) and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that McLeodUSA's Complaint is DISMISSED WITHOUT PREDJUDICE. FEDERAL COMMUNICATIONS COMMISSION Frank G. Lamancusa Deputy Chief, Market Disputes Resolution Division Enforcement Bureau (continued....) Federal Communications Commission DA 00-490 Federal Communications Commission DA 00-1029 @& 0ũ 0ũ 0ũ 0ũ 0ũ 0ũ đņ
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- forfeiture is an appropriate tool to punish its prior violations and to ensure future compliance with our rules. We believe a $4,000 forfeiture will act as an appropriate punishment and deterrent without unduly disrupting WS's ability to serve the public. Ordering clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, WS Communications, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000), for its willful and repeated violations of Section 73.3526 of the Commission's rules, 47 C.F.R. § 73.3526. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's rules
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- instance within the [agency's] discretion.'' Id., 88 F.3d at 747, citing NLRB v. Bell Aerospace Co., 416 U.S. 267, 294 (1974). Infinity has wholly failed to show that there has been any abuse of that discretion in this case. IV. Ordering Clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, Infinity Broadcasting Corporation of Washington, D.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000), for its willful violation of Section 73.1206 of the Commission's rules, 47 C.F.R. § 73.1206. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's
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- this matter, we conclude that there are no substantial and material questions of fact as to whether IBM possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 4(j) of the Communications Act, 47 U.S.C. §§ 154(i), 154(j), and the authority delegated in Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the attached Consent Decree is hereby ADOPTED. IBM may make its voluntary contribution to the United States Treasury by credit card through the Commission's Credit and Debt Management Center at (202) 418-1995 or by mailing a check or similar instrument, payable to the order of the Federal
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- need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 202(a), 208, 251(b)(1) and 251(c)(4) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), 202(a), 251(b)(1) and 251(c)(4), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. § 0.111 and 0.311, that the joint motion to dismiss the above-captioned complaint with prejudice IS GRANTED. 5. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission
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- answer by the adverse party). We note that this action does not affect the validity of the order issued in the liability phase of this proceeding. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, and 0.311, that the motion for leave to withdraw the above-captioned supplemental complaint without prejudice IS GRANTED. IT IS FURTHER ORDERED that the above-captioned supplemental complaint IS DISMISSED WITHOUT PREJUDICE and that the proceeding IS TERMINATED. 5. IT IS FURTHER ORDERED that this Order is effective immediately upon release thereof.
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Joint Motion For Voluntary Dismissal IS GRANTED WITH PREJUDICE. IT IS FURTHER ORDERED that the above-captioned complaint, as it pertains solely to the dispute between Ameritech and Frontier IS DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications
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- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b) and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Wiltel's Motion For Voluntary Dismissal IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint (i.e., E-94-40) IS DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-1169 Federal Communications Commission
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- dismissing the complaint will serve the public interest by eliminating the need for further litigation and the expenditure of further resources of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b) and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Southwestern Bell Telephone Company's Motion to Withdraw Application for Expedited Review IS GRANTED. IT IS FURTHER ORDERED that this proceeding, i.e., E-93-95, is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-1169 Federal Communications Commission DA 00-1170
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- will have the opportunity to participate. We note that in that proceeding, the Commission specifically asked for comments on emerging and existing technologies that the Commission ``has not yet fully evaluated for inclusion in relay service,'' among them new transmission protocols for TTYs. Accordingly, IT IS ORDERED THAT, pursuant to Section 225 of the Act, 47 U.S.C. § 225,and Sections 0.111 and 0.311 of the Commission's rules, the above-captioned complaint filed by Disabilities Rights, Inc. IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Catherine W. Seidel, Chief Telecommunications Consumer Division Enforcement Bureau 47 U.S.C. § 225. This section, inter alia, directs the Commission to ensure that telecommunications relay service (TRS) is available, to the extent possible and in the most efficient manner, to individuals
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- incorrectly stated that the Commission's forfeiture guidelines establish a base amount of $11,000 for violations of this nature. The correct base forfeiture amount for operation of a radio station without a valid Commission license or authorization is $10,000. We therefore reduce the forfeiture amount to $10,000. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jean R. Jonassaint, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willful and repeated violation of the provisions of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release
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- public interest by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b) and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that WorldCom Inc.'s Motion For Voluntary Dismissal IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint (i.e., E-97-13) IS DISMISSED and that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-1186 Federal Communications Commission DA
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- forfeitures, as provided by SBREFA. See Jerry Szoka, 14 FCC Rcd 9857, 9866 (1999), recon. denied 14 FCC Rcd 20147 (1999). Using this guidance, we do not find that Callcomm is entitled to a further reduction or cancellation of the forfeiture amount. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Colorado Callcomm, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days of the release of this
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- extending the requested waiver, Indiana Paging's failure to file a formal complaint within the prescribed period will foreclose application of the relation-back provision of section 1.718 of the Commission's rules. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208 and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the petition for waiver of section 1.718(a) of the Commission's rules, 47 C.F.R. § 1.718(a), IS GRANTED. This waiver is effective as of October 21, 1999. Federal Communications Commission Glenn T. Reynolds Chief, Market Disputes Resolution Division 47 C.F.R. § 1.718. On December 17, 1998, Indiana Paging
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- extending the requested waiver, Indiana Paging's failure to file a formal complaint within the prescribed period will foreclose application of the relation-back provision of section 1.718 of the Commission's rules. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208 and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the petition for waiver of section 1.718(a) of the Commission's rules, 47 C.F.R. § 1.718(a), IS GRANTED. This waiver is effective as of October 21, 1999. Federal Communications Commission Glenn T. Reynolds Chief, Market Disputes Resolution Division 47 C.F.R. § 1.718. On December 17, 1998, Indiana Paging
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- Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') to La Favorita in the amount of four thousand dollars ($4,000) for the noted violation. La Favorita has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, La Favorita, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willful violation of Section 1.89(b) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days of the release of this Order.
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- Commission's Rules. 3. On July 26, 1999, the Commission's Wireless Telecommunications Bureau issued a Notice of Apparent Liability (``NAL'') for a $2,000 monetary forfeiture. Redondo Beach has not filed a response. Based on the information before us, we affirm this forfeiture. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, the City of Redondo Beach, California IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for willful and repeated violations of Section 301 of the Act, former Section 90.113 of the Rules, and current Section 1.903(a) of the Rules. 5. Payment of the forfeiture shall
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- the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4 (j), 201, 208, 226, and 271 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201, 208, 226, and 271, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that AT&T's request to withdraw the above-captioned complaint IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4 (j), 201, 208, 226, and 271 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201, 208, 226, and 271, and the authority
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the parties' Joint Motion To Dismiss With Prejudice IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint (i.e., E-98-19) IS DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau (continued....) Federal Communications Commission DA
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- and our broadcast indecency standard.'' 15 FCC Rcd at 2518-19, citing Reno v. ACLU, 521 U.S. at 868-70. Thus, we find no merit to Infinity's argument that Reno v. ACLU invalidates the ``foundation of the NAL'' assessed against it. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, Infinity Broadcasting Corporation of Los Angeles IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully violating 18 U.S.C. § 1464. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's rules within 30 days of the release of
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- promoting the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and the Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the joint motion to dismiss the above-captioned complaint IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the
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- need for further litigation and the expenditure of additional time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201, 202, 203, and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201, 202, 203, and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the motion to dismiss with prejudice IS GRANTED. 4. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), 201, 202, 203, and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201, 202, 203, and 208, and the authority delegated in
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- eliminating the need for further litigation and the expenditure of additional time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208, 251, and 252 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, 251, and 252, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the motion IS GRANTED. 4. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), 208, 251, and 252 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, 251, and 252, and the authority delegated in sections 0.111 and 0.311 of the
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- discrimination claim (that the services at issue are ``like''), and its claim under section 202(a) of the Act is therefore denied. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 201(b), 202(a), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 201(b), 202(a), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the formal complaint filed by Metrocall, Inc. against WorldCom, Inc., IS DENIED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311
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- resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the motion for withdrawal of the above-captioned complaint IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. 5. IT IS FURTHER ORDERED that this Order is effective immediately upon release thereof. FEDERAL COMMUNICATIONS COMMISSION Glenn T.
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- by promoting the private resolution of disputes and by eliminating the need for further litigation and expenditure of resources by the parties and the Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 251(c) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), 251(c), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the unopposed Motion for Voluntary Dismissal of the complaint IS GRANTED. IT IS FURTHER ORDERED that the complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED effective immediately upon the Release Date of this Order. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division
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- has a favorable history of overall compliance, the violation was continuous over a 16-month period. We therefore conclude that the base forfeiture amount should neither be adjusted upward nor downward as the adjustment criteria offset each other. 11. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. Section 503(b) and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, 47 C.F.R. Sections 0.111, 0.311 and 1.80(f)(4), that Queen of Peace Radio, Inc., licensee of Station WQOP, Atlantic Beach, Florida, FORFEIT to the United States the sum of $7,000 (seven thousand dollars) for willful and repeated violations of Section 73.1125 of the Commission's Rules, 47 C.F.R. Section 73.1125. 12. IT IS FURTHER ORDERED
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- Houston Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of seventeen thousand dollars ($17,000) to Mr. Martin. Mr. Martin has not filed a response. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Leonard D. Martin, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willful and repeated violation of the provisions of Sections 301 and 303(n) of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of
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- terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating this inquiry. 4. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C §§ 154(i) and 154(j), and the authority delegated in Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the attached Consent Decree is hereby ADOPTED. 5. Raide and Radio Corporation may, collectively or individually, make the voluntary contribution referenced in the Consent Decree to the United States Treasury by credit card through the Commission's Credit and Debt Management Center at (202) 418-1995 or by mailing
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- and we see no reason to await issuance of the guidelines before imposing the forfeiture order in this case. In the absence of any substantive response to our NAL, we impose a forfeiture for the full amount originally proposed. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, Citicasters Co. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating 18 U.S.C. § 1464. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's rules within 30 days of the release of this Forfeiture Order. If
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- Washington Field Office issued a Notice of Apparent Liability for Forfeiture in the amount of seven thousand dollars ($7,000) to Reier for the noted violation. Reier has not filed a response. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Reier Broadcasting Company, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for failing to enclose its AM antenna tower within an effective locked fence in violation of Section 73.49 of the Commission's Rules. Payment of the forfeiture shall be made in the manner provided for in
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- incorporated by reference. 4. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the staffs investigation. 5. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j) and 503(b) of the Communications Act of 1934, as amended,' and Sections 0.111 and 0.311 of the Commission's Rules,2 that the attached Consent Decree IS ADOPTED. 6. Samsung may make its voluntary contribution to the United States Treasury by credit card through the Commission's Debt and Credit Management Center at (202) 418-1995 or by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the 1 47
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- will, therefore, retain a record of this violation, and the violation will be considered in determining an equitable penalty in the event any future violations occur. Accordingly, we admonish the College to carefully follow all Commission Rules in its current and future operation of KCOZ. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 504(b) of the Act and Sections 0.111, 0.311, and 1.80 of the Rules, the $8,000 forfeiture issued to the College of the Ozarks IS RESCINDED to the extent explained in this Order. 5. IT IS FURTHER ORDERED that, a copy of this Order shall be sent by certified mail, return receipt requested, to the College of the Ozarks, Point Lookout, Missouri 65726. FEDERAL COMMUNICATIONS COMMISSION David H.
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- does not demonstrate that further reduction of the forfeiture for this violation is warranted. We agree, however, that Culpeper's history of overall compliance does warrant a reduction of the forfeiture for the fencing violation. Accordingly, we reduce the total forfeiture to $7,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Culpeper Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of the provisions of Sections 73.49 and 73.1560(a) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- amended, 47 U.S.C. § 201(b). As damages for this violation, Bell Atlantic must pay Rainbow $345,600, including interest computed as set forth above. V. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 201(b), and 208, and authority delegated pursuant to sections 0.111 and 0.333 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.333, that the formal complaint filed in this matter by Rainbow Programming Holdings is hereby GRANTED in part as indicated herein. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), 206, 208 and 209 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 206, 208 and
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- our ruling on the merits moots the necessity to consider Metronet's affirmative defenses and its motion to dismiss, we need not consider them. IV. CONCLUSION AND ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to Sections 4(i), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 201(b), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Glo Gem's formal complaint against Metronet IS DENIED and that this proceeding IS TERMINATED effective immediately upon the Release Date of this Order. FEDERAL COMMUNICATIONS COMMISSION David H. Soloman Chief, Enforcement Bureau Metronet Telecom was formerly known as Executone-Metronet, Inc. Glo Gem Productions, Inc. v. Metronet-Telecom, Inc., File No.
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- Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of twelve thousand dollars ($12,000) to Morradio, Inc. for the referenced violations. Morradio has not filed a response. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Morradio, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,000 for willful violation of the provisions of Sections 11.35(a), 73.1690(b), and 73.3538(a)(4) of the Commission's Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of
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- Under these guidelines, we consider a licensee's ability to pay as a relevant factor in assessing forfeitures. Our review of Ms. Gizzo's tax returns leads us to conclude that the forfeiture should be further reduced from the $4,000 base forfeiture amount to $2,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Sandra J. Gizzo, IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for operation of a transmitter on 938.1125 MHz at an unauthorized location in willful and repeated violation of Section 301 of the Act and former Section 90.113 of the Rules. IT IS FURTHER ORDERED that Sandra J.
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- that cancellation of the proposed forfeiture is not justified and that the proper forfeiture amount is $4,000. IV. ORDERING CLAUSES 17. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 1.113(b) of the Rules, the Forfeiture Order (DA 00-1428) released June 26, 2000, IS SET ASIDE. 18. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Leonard D. Martin, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willful and repeated violation of the provisions of Sections 301 and 303(n) of the Act. 19. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- to a further reduction or cancellation of the forfeiture amount. 11. After examining ARS Broadcasting's response to the NAL under Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we find that $7,000 is the appropriate forfeiture amount in this case. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, ARS Broadcasting Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 73.49 of the Commission's Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days of the release of
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- eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201, 202, and 251(a) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201, 202, and 251(a), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the joint motion to dismiss with prejudice IS GRANTED. 4. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), 201, 202, and 251(a) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201, 202, and 251(a), and the authority delegated in sections
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- terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating this proceeding. 5. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C §§ 154(i) and 154(j), and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, 47 C.F.R. §§ 0.111 and 0.311, that the attached Consent Decree is hereby ADOPTED. 6. IT IS FURTHER ORDERED that the voluntary contribution referenced in the Consent Decree shall be paid by a check or money order drawn to the order of the ``Federal Communications Commission.'' Reference should be made on the check or
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- by promoting the private resolution of disputes and by eliminating the need for further litigation and expenditure of resources by the parties and the Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the unopposed motion to dismiss the complaint with prejudice IS GRANTED. IT IS FURTHER ORDERED that the complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED effective immediately upon the Release Date of this Order. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the parties' Motion To Dismiss With Prejudice IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint (i.e., E-99-23) IS DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau (continued....) Federal Communications Commission DA 00-1619
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- PNI licensee, WBC has not demonstrated that its conduct warrants a reduction of its proposed forfeiture. Quite the opposite, WBC's intentional misconduct justifies use of the upward adjustment criteria cited in the NAL. The proposed forfeiture is fully justified and should be imposed. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80 of the Commission's rules, WRHC Broadcasting Corp. FORFEIT to the United States the sum of twenty-two thousand five hundred dollars ($22,500) for violating the terms and conditions of its license and the Commission's rules requiring operation within the parameters set forth in the license, and requiring express permission prior to a permittee's operation or commencement of program
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- set forth in Section 503(b)(2)(D) of the Act, including Advanced TelCom's prior record of compliance, were taken into account in setting the proposed forfeiture at $3,000 for both stations. Accordingly, we find that no further downward adjustment of the forfeiture amount is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Advanced TelCom, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand ($3,000) for willfully violating Section 1.949 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- 1998, and $10,660 in 1997. After considering this information, we conclude that requiring Mr. Sanders to pay a $6,000 forfeiture would impose a financial hardship. Finally, we will refer Mr. Sanders' submission of his authorizations for Stations KNKL513, KNKD291 and KNKD302 to the Wireless Bureau for cancellation as requested. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the forfeiture in the amount of six thousand dollars ($6,000) proposed in the NAL IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail Return Receipt Requested to D.A. Sanders, 1611 Baden Powell Drive, Hawthorne, Florida 32640, and to his counsel, Lewis Goldman, 4141 North Henderson
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- the Commission's attention, we will, upon the filing of a new complaint, make every effort to decide them expeditiously. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 207, and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 207, and 208, and the authority delegated or otherwise established in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the complaint filed by Haxtun IS DISMISSED WITHOUT PREJUDICE. FEDERAL COMMUNICTATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 208. See Haxtun Telephone Co. v. AT&T Communications, Inc., Order and Memorandum of Decision, Civil Action No. 97 N 1484 (D. Colo., filed June 19, 1998)
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- in this proceeding, in light of AirTouch's pleading, and find them to be fair and reasonable. The grant of its motion would, accordingly, result in an unreasonable delay in the conclusion of this proceeding. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i) and 4(j) of the Communications Act, 47 U.S.C. §§ 154(i), 154(j), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that AirTouch's Motion is hereby DENIED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Nova Cellular West, Inc., d/b/a San Diego Wireless v. AirTouch Cellular, No. C 99-2142 [CAL], unpublished order, issued October 7, 1999. Letter from Roderick A. Mette, Commission Staff Attorney, to the Parties' Attorneys,
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the parties' Joint Motion To Dismiss With Prejudice IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau (continued....) Federal Communications Commission DA 00-1920 Federal
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- of the violation (February 26, 1999), we believe that Three Eagles can only receive limited credit for its prior record of compliance. Based upon our consideration of the record as a whole, we believe a $6,000 forfeiture is appropriate. IV. Ordering Clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, Three Eagles of Columbus, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000), for its willful violation of 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999. Payment of the forfeiture shall be made in the manner provided for in Section
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- Upon review of the particular circumstances in this case and in accordance with the discretion afforded to the Commission by Section 504 of the Act and implemented by Section 1.80(i) of the Rules, we have determined that rescission of the proposed forfeitures is warranted. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED, pursuant to Section 504(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, that the Notices of Apparent Liability for Forfeiture issued against Chadmoore and PTT Maple ARE RESCINDED. 8. IT IS FURTHER ORDERED that, a copy of this Order shall be sent certified mail, return receipt requested, to the Chadmoore Communications Group and PTT Maple, Inc., 2875 E. Patrick Lane, Suite G, Las Vegas, Nevada 89120.
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- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208 and 222(e) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208 and 222(e), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. § 0.111 and 0.311, that the joint motion to dismiss the above-captioned complaint with prejudice IS GRANTED. 5. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission
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- respond could result in a forfeiture. Nonetheless, because Diamond apparently believed that American Tower was responsible for responding, and taking into account all the factors required under Section 503(b)(2)(D) of the Act, we find that the proposed forfeiture should be reduced to $500. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Diamond Services Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $500 for violating Section 1.89(b) of the Commission's Rules, which requires the recipient of a Notice of Violation to respond in writing within a specific time period. Payment of the forfeiture shall be made in the manner provided for in
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- specifically identify the basis for the claim by reference to the financial documentation submitted. Mr. LaPierre has not provided the necessary proof to evaluate his claim. Indeed, he has provided no information at all regarding his inability to pay. 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Richard E. LaPierre IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for violating Section 1.89(b) of the Rules. 7. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the forfeiture is
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- for Station WSI674 after the expiration of the authorization. 7. Further, without supporting documentation, we are unable to evaluate Telnet's financial condition and cannot assess its ability to pay the forfeiture amount. Consequently, we must deny its request for cancellation or reduction. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Telnet IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for violating Section 1.949 of the Rules by failing to file a license renewal application for Station WSI674 prior to the expiration of the authorization for the station. 9. Payment of the forfeiture shall be made in the manner
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- the NAL pursuant to the statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Kona Koast has failed to provide a sufficient justification for canceling or mitigating the proposed forfeiture amount. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Kona Koast Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10 ,000 for the willful violation of Section 73.1213(b) of the Rules setting forth the painting and lighting requirements for radio towers. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
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- enabling the parties to resolve this matter expeditiously through a private dispute resolution process, without unnecessary expenditure of further administrative resources by the Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b) and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b) and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the parties' Joint Motion to Dismiss AT&T's Supplemental Complaints Without Prejudice IS GRANTED. IT IS FURTHER ORDERED that section 1.722(b)(2)(ii) of the Commission's rules, 47 C.F.R. § 1.722(b)(2)(ii), shall not be applied to any renewed supplemental complaints that may be filed hereafter by AT&T against Qwest. IT
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- by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 203(c)(1), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), 203(c)(1), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. § 0.111 and 0.311, that the joint motion to dismiss the above-captioned complaint with prejudice IS GRANTED. 5. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission
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- and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b) and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b) and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the WorldCom Joint Motion to Dismiss and the One Call Joint Motion to Dismiss ARE GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Frank G. Lamancusa Deputy Chief, Market Disputes Resolution Division
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- a factor in assessing forfeitures, the information Berkshire has provided does not establish such a claim. Berkshire has not provided any documentation from which its financial condition can be assessed. Thus, we do not find any basis for mitigation on this ground. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Berkshire IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand five hundred dollars ($4,500) for violating Section 1.949 of the Rules by failing to file license renewal applications for Stations KCA237, KNKC731, and KNKC816 prior to the expiration of the authorizations for the stations. 10. Payment of the forfeiture shall be
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- and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b) and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b) and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-2135 _______________________________________________________________________
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- promoting the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and the Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the joint motion to dismiss the above-captioned complaints IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the
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- its ability to pay the forfeiture. Preliminarily, Vincent Communications limits its documentation to the revenue generated by paging stations KNKK227, KNKK231, and KNKK233. Thus, we have no information about the financial condition of Vincent Communications as a corporate entity. 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Vincent Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,500 for violating Section 1.949 of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the forfeiture is
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and the Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Motion for Leave to Dismiss Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint is DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Frank G. Lamancusa Deputy Chief, Market Disputes Resolution Division Enforcement Bureau AirTouch is now known as
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- that the appropriate forfeiture amount is $3,000. We believe a justified increase in the base amount due to the fact that several licenses were involved is appropriately offset by the fact that Snider voluntarily disclosed the violations in less than 90 days. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Snider, IS LIABLE FOR A MONETARY FORFEITURE in the amount $3,000 for willful violation of Section 1.949 of the Rules, which requires that license renewal applications be filed prior to expiration. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- public interest by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 271 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and 271, and the authority delegated in sections 0.111, 0.311, and 1.115 of the Commission's rules, 47 C.F.R. § 0.111, 0.311, and 1.115, that AT&T's application for review IS DISMISSED WITH PREJUDICE, and that the captioned proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. § 208. 47 C.F.R. § 1.730. AT&T also originally named BellSouth Corporation and BellSouth Telecommunications,
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- Oregon, Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of ten thousand dollars ($10,000) to Oregon Pacific. Oregon Pacific has not filed a response. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Oregon Pacific Railroad Company, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willful and repeated violation of the provisions of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the
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- Georgia, Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of seven thousand dollars ($7,000) to La Favorita. La Favorita has not filed a response. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, La Favorita, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willful violation of the provisions of Sections 1.89 and 17.4 of the Commission's Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the
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- operations, which typically have been subject to forfeitures of approximately $10,000. Taking these facts into consideration and all of the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 is warranted. IV. Ordering Clauses 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 22.3 of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the Act, 47
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- Commission staff. We are satisfied that dismissing the complaint will serve the public interest by furthering the orderly adjudication of the parties' dispute. 6. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 202(a), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 202(a), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. § 0.111 and 0.311, that the joint motion to dismiss the above-captioned complaint without prejudice IS GRANTED. 7. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITHOUT PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau The Commission granted
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- once CCI closes on the sale, the forfeiture will no longer have an impact upon station operations. After reviewing all of the factors required by Section 503(b)(2)(D) of the Act, we believe a $7,000 forfeiture is appropriate in this case. Ordering Clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, Communicast Consultants, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000), for its willful violation of 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- Agent Office issued a Notice of Apparent Liability for Forfeiture in the amount of four thousand dollars ($4,000) to American for the noted violation. American has not filed a response. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, (``Act'') and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, American Radio Brokers, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for failing to respond to written Commission inquiries in violation of Section 1.89 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b) and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b) and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaints ARE DISMISSED WITH PREJUDICE and that these proceedings ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-2320
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- Report and Order suggested that licensees who failed to comply with this requirement would be free from enforcement action. Consequently, we reject Mills' claim that the Wireless Bureau's action represents a retroactive application of a new policy, and affirm the $1,500 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, William S. Mills IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violating Section 1.949 of the Rules by failing to file a license renewal application for Station KNKO605 prior to the expiration of the authorization for the station. 10. Payment of the forfeiture shall be
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- evidence relating to this matter, we conclude that there are no substantial and material questions of fact as to whether Verizon possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act, 47 U.S.C. § 154(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the Commission staff inquiry into the matter described here IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) File No. EB-00-TC-053
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- without valid authorization. Its violation was thus not only wilfull, but intentional. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 1.106 of the Rules, Supervalu's petition for reconsideration of the Forfeiture Order, NAL No. 915ST0001, issued on January 19, 1999, IS DENIED. 15. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, and 1.80 of the Commission's Rules, 47 C.F.R. §§ 0.111, 0.311, and 1.80, Supervalu, Inc. must pay the amount of $11,000 within thirty (30) days of the release date of this Order. Payment may be made by check or money order, drawn on an U.S. financial institution, payable to the Federal Communications Commission. Payment may also be made by
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-2380 _______________________________________________________________________
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- terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating this proceeding. 5. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C §§ 154(i) and 154(j), and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, 47 C.F.R. §§ 0.111 and 0.311, that the attached Consent Decree is hereby ADOPTED. 6. IT IS FURTHER ORDERED that the voluntary contribution referenced in the Consent Decree shall be paid by a check or money order drawn to the order of the ``Federal Communications Commission.'' Reference should be made on the check or
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-2401
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- hereto and incorporated by reference. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the staff's investigation. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j) and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, that the attached Consent Decree IS ADOPTED. QUALCOMM shall make its voluntary contribution to the United States Treasury by credit card through the Commission's Debt and Credit Management Center at (202) 418-1995, or by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Federal Communications Commission, Forfeiture
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- hereto and incorporated by reference. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the staff's investigation. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j) and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, that the attached Consent Decree IS ADOPTED. QUALCOMM shall make its voluntary contribution to the United States Treasury by credit card through the Commission's Debt and Credit Management Center at (202) 418-1995, or by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Federal Communications Commission, Forfeiture
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaints ARE DISMISSED WITH PREJUDICE and that the above-captioned proceedings ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and the Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Consent Motion for Withdrawal of Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint is DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau U S West is now known
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- this proceeding and that TSIA is therefore barred from further litigating its claims in this proceeding. We therefore dismiss the complaint. V. ORDERING CLAUSE 23. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 201(b), 203, and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 201(b), 203, 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 208. 47 U.S.C. §§ 201(b), 203. Joint Statement of Stipulated Facts, Disputed Facts, and Key Legal Issues, File No. E-97-25 (filed Sept. 2,
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- before us. In light of AT&T's commitment to be bound by the various principles set forth in the Consent Decree, we believe that the public interest would be served by approving the Consent Decree and terminating the investigation. 7. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act, 47 U.S.C. § 154(i), and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Decree attached hereto IS ADOPTED. 8. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 226(b)(1); 47 C.F.R. §§ 64.703(a)(3), (a)(4). 47 U.S.C. § 226(b)(1); 47 C.F.R. §§ 64.703(a)(3), (a)(4). ``Operator services'' is
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- before us. In light of WorldCom's commitment to be bound by the various principles set forth in the Consent Decree, we believe that the public interest would be served by approving the Consent Decree and terminating the investigation. 7. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act, 47 U.S.C. § 154(i), and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Decree attached hereto IS ADOPTED. 8. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 226(b)(1); 47 C.F.R. §§ 64.703(a)(3), (a)(4). 47 U.S.C. § 226(b)(1); 47 C.F.R. §§ 64.703(a)(3), (a)(4). ``Operator services'' is
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- before us. In light of USLD's commitment to be bound by the various principles set forth in the Consent Decree, we believe that the public interest would be served by approving the Consent Decree and terminating the investigation. 7. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act, 47 U.S.C. § 154(i), and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Decree attached hereto IS ADOPTED. 8. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 226(b)(1); 47 C.F.R. §§ 64.703(a)(3), (a)(4). 47 U.S.C. § 226(b)(1); 47 C.F.R. §§ 64.703(a)(3), (a)(4). ``Operator services'' is
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- by the Commission. If the Commission does not receive a joint motion to dismiss by that date, Commission staff will resume action in this proceeding. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion To Hold In Abeyance IS GRANTED to the extent discussed above. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-2461 _______________________________________________________________________ Ęũ˙˙ Đ "ü Đ Ļ˙ "ü
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the parties' Joint Motion for Voluntary Dismissal With Prejudice IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau (continued....) Federal Communications Commission DA 00-246
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- have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 503(b) of the Communications Act, 47 U.S.C. §§ 154(i), 154(j), and 503(b), and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Consent Decree, incorporated by reference in and attached to this order, is hereby ADOPTED. IT IS FURTHER ORDERED that the above captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau In the Matter of Bell Atlantic Delaware, et al. v. Frontier Communications,
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- because of the purported resultant financial hardship that payment would cause. 7. However, we note that Page-A-Phone is a longstanding Commission licensee with no prior violations. Therefore, we find that a reduction to $1,500 for Page-A-Phone's history of overall compliance is appropriate. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Page-A-Phone IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violating Section 1.949 of the Rules by failing to file license renewal applications for Stations WRV927 and WXR916 prior to the expiration of the authorizations for the stations. 9. Payment of the forfeiture shall be made
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- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Crown has failed to provide sufficient justification for canceling or mitigating the proposed forfeiture amount. Therefore, we affirm the forfeiture of ten thousand dollars ($10,000). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Crown Communication, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to exhibit medium intensity obstruction lighting on its antenna structure in willful and repeated violation of Section 17.51(b) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section
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- the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201, 202, 203, and 251(a) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201, 202, 203, and 251(a), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Joint Motion to Dismiss Without Prejudice IS GRANTED. IT IS FURTHER ORDERED that the Joint Motion to Dismiss filed November 6, 2000 is DENIED AS MOOT. 5. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITHOUT PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS
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- reasons stated in our May 8 Order, we find that section 207 bars COMSAT from making the same claims here against IDB's privy, Stratos. IV. ORDERING CLAUSE 31. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 207, and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 207, 208, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the formal complaint in this proceeding IS DISMISSED WITH PREJUDICE and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 208. 47 U.S.C. §§ 751-757 (Maritime Satellite Act or Inmarsat Act). COMSAT also refers to the Inmarsat Convention, the Inmarsat Operating
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- by the Commission. Lilley has not, however, presented sufficient grounds to show that dismissal without prejudice would serve the public interest. We therefore dismiss the complaint with prejudice. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i) and (4(j) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the motion to dismiss the above captioned complaint without prejudice, filed by Pamela A. Lilley on August 30, 2000, IS GRANTED to the extent indicated herein and IS OTHERWISE DENIED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS
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- operations, which typically have been subject to forfeitures of approximately $10,000. Taking these facts into consideration and all of the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 is warranted. IV. Ordering Clauses 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Ford is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 22.3 of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the Act,
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- operations, which typically have been subject to forfeitures of approximately $10,000. Taking these facts into consideration and all of the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 is warranted. IV. Ordering Clauses 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules Page-Comm is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 22.3 of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the Act,
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- operations, which typically have been subject to forfeitures of approximately $10,000. Taking these facts into consideration and all of the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 is warranted. IV. Ordering Clauses 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules Ohio Bell is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 22.3 of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the
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- operations, which typically have been subject to forfeitures of approximately $10,000. Taking these facts into consideration and all of the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 is warranted. IV. Ordering Clauses 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Star Communications is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 22.3 of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the
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- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 202(a), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 202(a), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the joint motion to dismiss the above-captioned complaint with prejudice IS GRANTED. 5. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission
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- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the joint motion to dismiss the above-captioned complaint with prejudice IS GRANTED. 5. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission
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- Gaffney Broadcasting, Inc., 23 FCC 2d 912, 913 (1970), citing Eleven Ten Broadcasting Corp., 33 FCC 706 (1962). In sum, we believe that the nature of the apparent violation requires the imposition of the base monetary forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Clear Channel Broadcasting Licenses, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000.00) for violating Section 73.1206 of the Commission's rules, which prohibits broadcasters from airing telephone conversations without first informing the parties to such conversations of their intention to do so. 7.
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaints ARE DISMISSED WITH PREJUDICE and that these proceedings ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar, Deputy Chief Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-2723
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- Forfeiture Guidelines set a base forfeiture amount of $7,000 for transmission of indecent/obscene materials. After considering all the facts and circumstances, we believe the base forfeiture amount is the appropriate sanction and that neither an upward nor downward adjustment should be made. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80 of the Commission's rules, CBS Radio License, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating the 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules. 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within thirty
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceedings IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar, Deputy Chief Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-2731
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- Telemundo apparently twice exceeded the commercial limits established in Section 73.670 during the relatively short period covered by the Bureau investigation. Under these circumstances, we believe a forfeiture in the amount of $16,000 is appropriate. IV. Ordering Clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that TELEMUNDO OF PUERTO RICO LICENSE CORP. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of sixteen thousand dollars ($16,000) for willfully and repeatedly violating Section 73.670 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's
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- Broadcasting, Inc. (DA 00-1695), ___ FCC Rcd ___ (July 31, 2000) (reduction from $20,000 to $5,000 warranted where prior three-year revenues averaged, as here, less than $50,000 annually). Under these circumstances, we conclude that it is appropriate to reduce Harris' forfeiture from $8,000 to $2,000. 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, Kenneth Paul Harris, Sr., IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for violating the provisions of the Communications Act and the Commission's rules requiring persons to obtain Commission authorization prior to assuming station control, pursuant to Section 310(d) of the Act and Section 73.3540 of the
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- Commission approval. 2. On July 14, 2000, the Chief, Enforcement Bureau, issued a Notice of Apparent Liability (``NAL'') for Forfeiture in the amount of eight thousand dollars ($8,000.00). Hackler has not filed a response. Based on the information before us, we affirm our prior forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, Kevin Hackler, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for violating the provisions of the Communications Act and the Commission's rules requiring persons to obtain Commission authorization prior to transferring station control, pursuant to Section 310(d) of the Act and Section 73.3540 of the Commission's rules.
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- comparable to ``pirate'' wireless operations, which typically have been subject to forfeitures of approximately $10,000. Taking into consideration all of the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $6,000 is warranted. Ordering Clauses 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Commercial Radio is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $6,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 1.903(a) of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the
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- On July 14, 2000, the Chief, Enforcement Bureau, issued a Notice of Apparent Liability (``NAL'') for Forfeiture in the amount of eleven thousand dollars ($11,000.00). Hackler did not file a response. Based on that information, we affirm the July 14, 2000, NAL . II. ORDERING CLAUSES 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, Kevin Hackler, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand dollars ($11,000.00) for violating the provisions of the Communications Act and the Commission's rules requiring persons to obtain Commission authorization prior to transferring station control, pursuant to Section 310(d) of the Act and Section 73.3540 of the Commission's rules,
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- to pay, Skywave has submitted financial data for 1997 through 1999, and has requested that we keep its financial information confidential. After reviewing the financial data submitted, we find no evidence in Skywave's response that would support a reduction of the forfeiture amount. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Skywave Electronics, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount $7,000 for violating the provisions of Section 302 of the Act and Section 2.907 of the Rules, which require radio frequency devices to be properly authorized, identified, and labeled in accordance with the Commission's Rules prior to their sale, offer for sale,
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- operations, which typically have been subject to forfeitures of approximately $10,000. Taking these facts into consideration in conjunction with the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 is warranted. IV. Ordering Clauses 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules Checkpoint is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 1.903(a) of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the Act
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- occurred. Licensees are expected to know and comply with the Commission's Rules, and will not be excused for violations thereof, absent clear mitigating circumstances. GNOTS Reserve has not presented any mitigating circumstances that would warrant reducing or eliminating the forfeiture. 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, GNOTS Reserve, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for violating Section 80.373(f) of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the forfeiture is
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- prior adjudicated FCC-related misconduct by Fisher. In addition, we have taken into account the sanctions handed down against other similarly situated licensees. On balance, we believe a forfeiture in the amount of $25,000 is appropriate. IV. Ordering Clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that FISHER BROADCASTING, INC. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 73.670 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within
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- terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating this proceeding. 5. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C §§ 154(i) and 154(j), and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, 47 C.F.R. §§ 0.111 and 0.311, that the attached Consent Decree is hereby ADOPTED. 6. IT IS FURTHER ORDERED that the above captioned forfeiture proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 C.F. R. Sections 97.101(a), 97.101(d), 97.113(a)(4), 97.119(a). Notice of Apparent Liability, NAL/Acct. No. 915PA0007, released March 10,
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- not clear to the Networks, and certainly not clear to stations that broadcast network programming (particularly those that are not owned by the Networks). Accordingly, for the reasons set forth above, we will not take any further enforcement action in response to NORML's complaint and we consider this matter closed. This action is taken under delegated authority pursuant to Sections 0.111 and 0.311 of the Commission's Rules, 47 C.F.R. §§ 0.111, 0.311. Sincerely, David H. Solomon Chief, Enforcement Bureau cc: Mr. Franco Garcia, Executive Counsel, Corporate Legal Affairs, ABC, Inc. Mr. Martin D. Franks, Executive Vice President, CBS Ms. Diane Zipursky, Vice President, Washington Law and Policy, NBC, Inc. John C. Quale, Counsel for Fox Broadcasting Company, Inc. Christopher G. Wood,
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- promoting the private resolution of disputes and eliminating the need for further litigation and the expediture of further time and resources by the parties and by the Commission. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated under Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that PetroCom's Motion for Withdrawal of Complaint and Related Pleadings IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau (continued....) Federal Communications Commission Federal Communications
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaints ARE DISMISSED WITH PREJUDICE and that these proceedings ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar, Deputy Chief Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-2901
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar, Deputy Chief Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-2902
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- Field Office issued a Notice of Apparent Liability for Forfeiture in the amount of seven thousand dollars ($7,000) to Stephen Fowler d/b/a Exports R Us. Stephen Fowler d/b/a Exports R Us has not filed a response. Based on the information before us, we affirm the forfeiture. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Stephen Fowler d/b/a Exports R Us, IS LIABLE FOR A MONETARY FORFEITURE in the amount $7,000, for willful violations of Sections 2.803 and 2.815 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the parties' Joint Motion To Dismiss With Prejudice IS GRANTED. IT IS FURTHER ORDERED , pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and
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- of this complaint with prejudice will serve the public interest by promoting the private resolution of disputes and conserving the Commission's and the parties' resources. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 201(a), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 201(a), 201(b), 208, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the unopposed motion to dismiss the above-captioned complaint with prejudice IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint proceeding IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. IT IS FURTHER ORDERED that this Order is effective immediately upon release thereof. FEDERAL COMMUNICATIONS COMMISSION Alexander
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- public interest by promoting the private resolution of disputes and eliminating the need for the expenditure of further time and resources of the parties and the Commission. 23343 5. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4Q), and 208 of the Communications Act of 1934, as amended, 47 U.S.C.§§ 154(i), 154Q), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that MCI's Motion for Voluntary Dismissal of Proceeding, IS GRANTED. 6. IT IS FURTHER ORDERED, pursuantto sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's
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- amounts to which it may have been entitled under the Lifeline Assistance Fund, Genesis should have proceeded in accordance with the applicable federal requirements in a timely manner. V. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 208, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Reply Brief By Genesis Communications International, Inc., dated July 2, 1998 and received July 6, 1998, IS ACCEPTED as part of the record. 11. IT IS FURTHER ORDERED, pursuant to Sections 4(i), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 208,
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- of ATLD, under Chapter 7 of the U.S. Bankruptcy Code, and the closing of the bankruptcy case render moot the issues raised in Direct Impact's supplemental complaint. 4. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 40), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated under Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Direct Impact's supplemental complaint is DISMISSED AS MOOT. 4287 Federal Communications Commission 5. IT IS FURTHER ORDERED that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau 4288
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- of the apparent violations. See Forfeiture Policy Statement. In light of the facts presented in this case, we find that the licensee made a ``good faith'' effort to comply with the rule. Accordingly, rescission of the forfeiture is appropriate. IV. Ordering Clauses 5. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act, as amended, and Section 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, the prior forfeiture of $4,000 issued against Long Nine, Inc. for violating Section 73.1206 of the Commission's rules IS RESCINDED. 6. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by Certified Mail -- Return Receipt Requested, to counsel for the licensee, David D. Oxenford, Esq., Fisher Wayland
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- does not support a finding that the defendants violated TOCSIA, section 201(b) of the Act, or the Commission's rules, and therefore deny the complaint. conclusion Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the formal complaint, jointly filed by Roger M. Barnes, Robin A. Barnes, and Faasolo Tavai against LDDS/WorldCom, Petroleum Communications, Inc., PetroCom License Corporation, RVC Services, Inc. d/b/a Coastel Communications Company, and Bachow/Coastel, LLC IS DENIED. It is FURTHER ORDERED, all unresolved pleadings in this case ARE DISMISSED as
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- 301 and 333 of the Act and relevant rules by transmitting from an unauthorized location and interfering with her transmissions, respectively. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 205(a), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 205(a), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Marzec's complaint IS GRANTED IN PART, and DENIED IN PART, as described in this Order. It is FURTHER ORDERED, that the Motion to Dismiss, filed by Power on July 12, 1999, the Petition for Reconsideration and Objections to Interrogatories, filed by Marzec on April 21, 1999, the Motion
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- violations of the Commission's rules warrant the issuance of a Notice of Apparent Liability for Forfeiture under section 503, we will do so in a separate proceeding. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the above-referenced complaint filed by Bachow IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules,
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- trial court will conserve the resources of the Commission and the parties and avoid the possibility of inconsistent findings. Finally, both Uni-Tel and MCI seek such a stay. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion is GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§
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- His belated attempt to renew his request for an interview, more than two years after failing to follow through on his initial request and after an NAL has issued, is moot with respect to the issue of whether a forfeiture should be assessed. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Leslie D. Brewer, d/b/a L.D. Brewer's 2-Way Radio, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willful violations of Sections 2.803(a)(1) and 15.201(b) of the Rules, requiring authorization from the Commission prior to the marketing of radio frequency devices. 10. Payment of the forfeiture shall be made in the manner
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- factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Natchez has failed to provide a sufficient justification for canceling the proposed forfeiture amount, but has provided justification for reducing it to $5,000. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Natchez Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for the willful violation of Section 73.1213(b) of the Rules setting forth the painting and lighting requirements for radio towers. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- dismissing the complaint will serve the public interest by promoting the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to Sections 1, 4(i), 4(j), and 208 of the Communications Act, and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, that Kitchen Productions' request IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief Market Disputes Resolution Division Enforcement Bureau 47 U.S.C § 208. 47 C.F.R. §§ 22.535(c) and 22.352(a). 47 U.S.C. § 301. 47 U.S.C.
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- by promoting the private resolution of disputes and by reducing the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b) and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b) and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Joint Request for Waiver to File Supplemental Complaint is GRANTED. IT IS ALSO ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b) and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b) and 208, and the authority delegated in sections 0.111
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- by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 208 and 251 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), 208 and 251, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that MCI's Application for Review is DISMISSED WITH PREJUDICE. IT IS ALSO ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b) and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b) and 208, and the authority delegated in sections 0.111 and 0.311 of
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- jurisdiction of the Florida Public Service Commission. Because we dismiss this matter for lack of jurisdiction, we do not address the parties' other arguments in this case. Accordingly, IT IS ORDERED, pursuant to sections 1, 2(b), 201 and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 152(b), 201, 208, and the authority delegated in Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the above-captioned complaint filed by LDDS Communications, Inc., IS DISMISSED FOR LACK OF JURISDICTION. IT IS FURTHER ORDERED that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau LDDS filed its complaint pursuant to Sections 206 through 209 of the Communications Act of 1934,
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- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, and 0.311, that the joint motion to dismiss the above-captioned complaint with prejudice IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. 5. IT IS FURTHER ORDERED that this Order is effective immediately upon release thereof. FEDERAL COMMUNICATIONS COMMISSION
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- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 202, and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 202, and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, and 0.311, that the joint motion to dismiss the above-captioned complaint with prejudice IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. 5. IT IS FURTHER ORDERED that this Order is effective immediately upon release thereof. FEDERAL COMMUNICATIONS COMMISSION
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- technical deficiencies and, therefore, did not jeopardize the safety of life. 11. Taking into account all of the factors required by the Policy Statement and Section 1.80 of the Rules including but not limited to those discussed above, we conclude that the appropriate forfeiture amount is $10,000. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 364(a) of the Act, Sections 0.111, 0.311 and 1.80 of the Rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, and the Commission's Policy Statement, Sealand Services, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for the willful violation of Section 362(b) of the Act and Section 80.1067(a) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided
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- that it has no financial resources does not support a reduction of the forfeiture because ABEF has not provided any evidence upon which we can reasonably assess its ability to pay. See Forfeiture Policy Statement, supra note 5, 12 FCC Rcd at 17106-07. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, American Broadcasting Educational Foundation IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating the provisions of Section 73.1125 of the Commission's rules, which require maintenance of adequate staffing at a broadcast station's main studio. 9. IT IS FURTHER ORDERED THAT, the forfeiture proposed
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- to pay the forfeiture, we must deny the request for reduction. See Liability of Maccau Traders, Inc., 13 FCC Red 228 (1998). 4 Notice of Apparent Liability at footnote 2. 21419 Federal Communications Commission DA 00-569 IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"),5 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,6 KXLE, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Section 11.35 of the Rules requiring that a broadcast station's EAS equipment be kept operational. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules,7 within 30
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- of those authorizations on April 7, 1999. On April 23, 1999, the Commission's staff returned those applications to Pampa as defective. Pampa refiled the applications on May 28, 1999, and the Commission's staff granted them on September 20, 1999. 4. On November 4, 1999, WTB, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80 of the Rules, issued the referenced NAL in the amount of two thousand dollars ($2,000) to Pampa for the late filing of its license renewal applications. 5. On December 6, 1999, the FCC received Pampa's response to the NAL. In that response, Pampa asserted, among other arguments, that it requested application forms from the Commission on March
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the parties' Joint Motion To Dismiss With Prejudice IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaints (i.e., E-95-7 and E-95-9) ARE DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. IT IS FURTHER ORDERED that the above-captioned supplemental complaints for damages (i.e., 99-15S) solely as they
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the parties' Joint Motion To Dismiss With Prejudice IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaints (i.e., E-95-7 and E-95-9) ARE DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. IT IS FURTHER ORDERED that the above-captioned supplemental complaints for damages (i.e., 99-15S) solely as they
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- NAL pursuant to the statutory factors above, and in conjunction with the Policy Statement. As a result of our review, we conclude that Western has failed to provide a sufficient justification for canceling or reducing the forfeiture amount. Therefore, we affirm the forfeiture amount of $6,000. 12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Sections 0.111, 0.311 and 1.80 of the Rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, and the Commission's Policy Statement, Western Communications Paging, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,000 for the willful violation of Section 22.565 of the Rules, which prohobits operation excessive power. 13. Payment of the forfeiture shall be made in the manner provided
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- interest by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 208, 271, and 272 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 4(i), 4(j), 208, 271, and 272, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that MCI's Motion for Withdrawal IS GRANTED. 5. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), 208, 271, and 272 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 4(i), 4(j), 208, 271, and 272, and the authority delegated in sections 0.111 and 0.311 of the
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- serve the public interest by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that INFONXX's Motion to Withdraw its petition for reconsideration IS GRANTED. IT IS FURTHER ORDERED that INFONXX's petition for reconsideration IS DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau (continued....) Federal Communications Commission DA 00-623
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- equipment. On October 29, 1999, the Commission's Philadelphia, Pennsylvania Field Office issued a Notice of Apparent Liability (``NAL'') for Forfeiture in the amount of twenty thousand dollars (20,000). Kel-Comm Broadcasting Inc. has not filed a response. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and sections 0.111, 0.311 and 1.80 of the Rules, Kel-Comm Broadcasting Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount $20,000, for willful and repeated violations of Section 303(q) of the Act, and Sections 1.89, 11.15, 11.35, 11.41, 17.4, 17.21, and 17.50 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- evidence relating to this matter, we conclude that there are no substantial and material questions of fact as to whether Sprint possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act, 47 U.S.C. § 154(i), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned case as well as the Commission staff inquiry into the matter described herein ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating this proceeding. 6. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C §§ 154(i) and 154(j), and the authority delegated in Sections 0.111 and 0.311of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the attached Consent Decree is hereby ADOPTED. 7. IT IS FURTHER ORDERED that the above captioned forfeiture proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) File No. x18ed0002 ) KANZA, Inc.
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- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b) and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that MCI's Motion For Voluntary Dismissal IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint (i.e., E-95-35) IS DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. IT IS FURTHER ORDERED that the above-captioned supplemental complaint for damages (i.e., 99-16S) solely as it pertains to MCI's claims against
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- for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201, 202, 208, 258, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201, 202, 208, 258, and 276, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the parties' Joint Motion To Dismiss IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-682 Federal Communications Commission DA
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- issuance of the NAL, on November 9, 1999, and February 14, 2000, FCC agents again detected apparent operation by Sunjet on an unauthorized frequency, without station identification. Those apparent violations are not addressed here. Further violations may lead to revocation of Sunjet's license. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Sunjet Car Service, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand ($7,000) for the repeated and willful violation of Sections 1.903 and 90.135 of the Rules concerning unauthorized operation and Section 90.425(a) of the Rules which sets forth the identification requirements. 16. Payment of the forfeiture shall be made
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- Office issued a Notice of Apparent Liability (``NAL'') for a monetary forfeiture in the amount of $12,000. Willis Broadcasting Corporation has not filed a response. Based on the information before us, we affirm this forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Rules, 47 C.F.R. §§ 0.111, 0.311, and 1.80, Willis Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,000 for willful and repeated violations of Sections 11.35(a) and 1.89(b) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the parties' Joint Motion for Voluntary Dismissal Without Prejudice IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITHOUT PREJUDICE and that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau (continued....) Federal Communications Commission DA 00-718
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1,4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the motion for withdrawal of the above-captioned complaint IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. 5798 Federal Communications Commission DA 00-728 5. IT IS FURTHER ORDERED that this Order is effective immediately upon
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- customers.8 Thus, we believe that the public interest is already being served by the options given to GTE by the Commission's rules and by the Bachow-GTE Order. 7. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§151, 154(i), 154(j), 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Motion to Stay filed by GTE IS DENIED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau See In the Matter of Access Charge Reform, Order, 12FCCRcd. 10175, f 30(rel. June 18, 1997)(quoting Wisconsin Gas Co. v. FERC, 758 F.2d 669, 674 (D.C. Cir. 1985)). 6 See
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- by promoting the private resolution of disputes and by eliminating the need for further litigation and expenditure of resources by the parties and the Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, 276, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Motion for Withdrawal of the complaint IS GRANTED. IT IS FURTHER ORDERED that the complaint IS DISMISSED WITHOUT PREJUDICE and that the proceeding IS TERMINATED effective immediately upon the Release Date of this Order. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Deputy Chief, Market Disputes Resolution Division Enforcement
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- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Two Way has failed to justify cancellation or reduction of the proposed forfeiture amount. Therefore, we affirm the forfeiture of seven thousand dollars ($7,000). IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the Two Way Shop, IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand ($7,000) for the repeated and willful violation of Section 302 of the Act, which prohibits the sale or offer for sale of transmitting equipment not in compliance with the FCC rules, and Sections 2.803 and 2.815 of the
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- above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that KNFL has failed to justify cancellation or reduction of the proposed forfeiture amount. Therefore, we affirm the forfeiture of sixteen thousand dollars ($16,000). IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, KNFL, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of sixteen thousand ($16,000) for the repeated and willful violation of Section 301 of the Act, which prohibits unlicensed radio operation. 14 Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30)
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- we consider these claims abandoned. IV. ORDERING CLAUSE Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 202, 208, 224, and 254(k) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 202, 208, 224, 254(k), and sections 32.27 and 64.901 of the Commission's rules, 47 C.F.R. §§ 32.27, 64.901, and under the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the complaint filed by the Tennessee Cable Telecommunications Association, et al. and the Cable Television Association of Georgia, et al., IS DENIED in its entirety. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 208. See 47 C.F.R. § 64.901. See 47 C.F.R. § 32.27.
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- should not be settled, then any of the Plaintiffs involved in the original primary jurisdiction referral may, without prejudice, refile their Petition for Declaratory Ruling. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), 208, and the authority delegated in sections 0.111, 0.311, and 1.2 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.2, that the Petition for Declaratory Ruling IS DISMISSED WITHOUT PREJUDICE and that the proceeding IS TERMINATED effective immediately upon the Release Date of this Order. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Deputy Chief, Market Disputes Resolution Division Enforcement Bureau See In Re: AT&T Optional Calling Plan Class
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- 2 Knoxville Broadcasting Corp., 87 FCC 2d 1103,111 (1981). 3 47 U.S.C. § 405(a). 10626 Federal Communications Commission DA 00-896 3. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 405, and Section 1.106 of the Commission's rules, 47 C.F.R. § 1.106, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Petition for Reconsideration filed by Genesis Communications International, Inc., on February 25, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau - 10627
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- principles regarding its verification mechanisms and procedures for its independent representatives, as well as certain other pro-consumer steps and commitments, we believe that the public interest would be served by approving the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act, 47 U.S.C. § 154(i), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned case as well as the Commission staff inquiry into the matter described herein ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau (continued....) Federal Communications Commission Federal Communications Commission DA 00-898 @ū˙ @&
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- forfeitures, as provided by SBREFA. See Jerry Szoka, 14 FCC Rcd 9857, 9866 (1999), recon. denied 14 FCC Rcd 20147 (1999). Using this guidance, we do not find that Callcomm is entitled to a further reduction or cancellation of the forfeiture amount. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Callcomm Repeater Association IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 301 of the Act and former Section 90.113 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within
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- forfeitures, as provided by SBREFA. See Jerry Szoka, 14 FCC Rcd 9857, 9866 (1999), recon. denied 14 FCC Rcd 20147 (1999). Using this guidance, we do not find that Callcom is entitled to a further reduction or cancellation of the forfeiture amount. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Callcom, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 301 of the Act and former Section 90.113 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30
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- above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Arvada has failed to justify cancellation or reduction of the proposed forfeiture amount. Therefore, we affirm the forfeiture of four thousand dollars ($4,000). IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Arvada Excavating Company, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for the repeated and willful violation of Section 301 of the Act and former Section 90.113 of the Rules, which prohibit unauthorized operation. 14. Payment of the forfeiture shall be made in the manner provided for
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- or consider any arguments particular independent payphone providers may have that the statute of limitations was tolled for other reasons prior to the filing of their respective informal complaints. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0111 and 0311, that the motion for clarification or, in the alternative, partial reconsideration, is GRANTED IN PART and DENIED IN PART, as provided herein. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau In the Matter of Informal Complaints Filed by Independent Payphone Service Providers Against
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- Upon review of the particular circumstances in this case, and in accordance with the discretion afforded to the Commission by Section 504(b) of the Act, and implemented by Section 1.80(i) of the Rules, we have determined that rescission of the forfeiture is warranted. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, pursuant to Section 504(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, that the forfeiture issued against County of Surry IS RESCINDED. 7. IT IS FURTHER ORDERED that, a copy of this Order shall be sent by Certified Mail Return Receipt Requested to the County of Surry, and its counsel, Fred J. Folger, at Folger & Folger, 129 Moore Avenue, P.O. Box 428, Mount Airy, North
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- duration of Bay's violations, when coupled with its culpability, offset Bay's overall history and market situation. Further, neither Bay's small business status nor its asserted inability to pay warrants reduction or cancellation of the forfeiture. The forfeiture is appropriate and should be imposed. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, Bay Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of nineteen thousand dollars ($19,000). The forfeiture is imposed for willful and repeated violations of Section 301 of the Act and Sections 73.1201, 73.1675, 73.1690 and 74.1251 of the Commission's rules. Among other things, those provisions proscribe operation of unlicensed transmitters;
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- used to calculate damages, consistent with the Liability Order's instructions. Accordingly, IT IS ORDERED pursuant to Sections 1, 4(i), 4(j), 201(b), 203(c), 208, and 415, of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), 203(c), 208, 415, and Section 69.105(a) of the Commission's rules, 47 C.F.R. § 69.105(a), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the above-captioned complaints filed by Sprint Communications Company, L.P. and MCI Telecommunications Corporation ARE GRANTED to the extent discussed above and otherwise ARE DENIED. IT IS FURTHER ORDERED that AT&T's motion for leave to file an amicus brief IS DENIED. IT IS FURTHER ORDERED that Sprint Communications Company,
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- that it had consummated the assignments. Champion's authorizations expired on April 1, 1999. Champion, however, did not file applications for the renewal of those authorizations until June 3, 1999. WTB granted the late-filed renewal applications on September 20, 1999. 4. On November 4, 1999, WTB, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80 of the Rules, issued the referenced NAL in the amount of three thousand dollars ($3,000) to Champion for the late filing of its license renewal applications. 5. On December 6, 1999, the FCC received Champion's response to the NAL. In that response, Champion argues that its failure to file timely renewal applications was not willful because it
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- the statutory factors above, and in conjunction with the Policy Statement. As a result of our review, we conclude that Mr. Holcombe has failed to justify cancellation or reduction of the proposed forfeiture. Therefore, we affirm the forfeiture of eight thousand dollars ($8,000). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Paul E. Holcombe, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and malicious interference to radio communications in violation of Section 333 of the Act and Section 97.101(d) of the Rules and for transmitting unidentified amateur radio communications in violation of Section 97.119 of the
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- the statutory factors above, and in conjunction with the Policy Statement. As a result of our review, we conclude that Mr. Meyers has failed to justify cancellation or reduction of the proposed forfeiture. Therefore, we affirm the forfeiture of eight thousand dollars ($8,000). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Robert L. Meyers, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and malicious interference to radio communications in violation of Section 333 of the Act and Section 97.101(d) of the Rules and for transmitting unidentified amateur radio communications in violation of Section 97.119 of the
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- with the right of the petitioners to procedural fairness. In light of the substantial delay by petitioners, we conclude that the equities clearly lie in denying the requested relief. ACCORDINGLY, IT IS ORDERED, pursuant to Sections 4(i), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 201(b), 208, and the authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, 47 C.F.R. §§ 0.111, 0.311, that the petitions for reinstatement filed by Southern California Pay Phone Company and Total Communications Services, Inc. ARE DENIED. IT IS FURTHER ORDERED that this Order is effective immediately upon release thereof. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau See Petition for Reinstatement of Southern California Pay
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- by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 208, and 251 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), 208, and 251, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the unopposed motion to dismiss the above-captioned complaint with prejudice IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. 5. IT IS FURTHER ORDERED that this Order is effective immediately upon release thereof. FEDERAL COMMUNICATIONS COMMISSION Alexander
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- by promoting the private resolution of disputes and by eliminating the need for further expenditure of resources by the parties and the Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201, 202, and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201, 202, 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Joint Motion to Dismiss the complaint IS GRANTED. IT IS FURTHER ORDERED that the complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED effective immediately upon Release Date of this Order. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Federal
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- States Treasury in the amount of $75,000. We have reviewed the Consent Decree and evaluated the circumstances underlying the investigation. We believe that the public interest would be served by adopting the Consent Decree and terminating the investigatory proceeding. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, and Section 0.111 of the Commission's rules, the Consent Decree attached hereto IS ADOPTED. IT IS FURTHER ORDERED, that the above-captioned investigatory proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. §§ 301 and 310(d). Payment may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture
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- raising it during the hearing. Defendants may, however, demonstrate that the improperly assessed EUCL charges were not paid. ordering clauses ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 203(c), 206, 207 and 208 of the Communications Act of 1934 as amended, 47 U.S.C. §§ 151,154 (i), 154 (j), 201 (b), 203(c), 206, 207, and 208 and sections 0.111, 0.311, 1.722(d)(1) and 69.105(a) of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.722(d)(1) and 69.105(a), that the above-captioned complaints ARE DESIGNATED FOR A CONSOLIDATED HEARING before an Administrative Law Judge, at a time and place to be specified in a subsequent Order, upon the following issues: (1) To determine the relevant time period of each complaint pursuant to section
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- 2088 (1992). To support its claim of inability to pay, KYOO has submitted federal income tax returns for 1997 through 1999. In light of the evidence submitted, for which KYOO requested confidential treatment, we lower KYOO's proposed monetary forfeiture from $22,000 to $12,000. IV. ORDERING CLAUSES 6. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, KYOO Communications, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,000 for the willful violation of Sections 11.35(b), 17.50, 73.1350(c)(1) and 73.1800(a) of the Rules. 7. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of
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- public interest by promoting the private resolution of disputes and by eliminating the need for further litigation and expenditure of resources by the parties and the Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Withdrawal of Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that the complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED effective immediately upon Release Date of this Order. FEDERAL COMMUNICATIONS COMMISSION Frank G. Lamancusa Deputy Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications
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- 00-1016 (released May 9, 2000) ($4,000 NAL for violation of Section 73.1216 of the Commission's rules, forfeiture paid), Clear Channel Broadcasting Licenses, Inc., 15 FCC Rcd 2734 (EB 2000) ($4,000 NAL for violation of Section 73.1216 of the Commission's rules, forfeiture paid). IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80 of the Commission's rules, Capstar TX Limited Partnership is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating the 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules. 11. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within thirty
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- States Treasury in the amount of $15,000. We have reviewed the Consent Decree and evaluated the circumstances underlying the investigation. We believe that the public interest would be served by adopting the Consent Decree and terminating the investigatory proceeding. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached hereto IS ADOPTED. IT IS FURTHER ORDERED, that the above-captioned investigatory proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 310(d). Payment may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture
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- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Telepacific's Motion To Withdraw Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. § 201. (continued....) Federal Communications Commission DA
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- action. Rather, the license application or request for program test authority or STA must be granted or Allen must terminate all unauthorized operation of Station KMCA immediately. Otherwise, Allen risks loss of the license for Station KMCA as well as additional forfeiture penalties. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, M.C. Allen Productions is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for: violating Section 301 of the Act and sections 73.1615 and 73. 1620 of the Commission's rules regarding a licensee's operation during modification of facilities and a permittee's commencement of program tests;
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- the forfeiture should be reduced because it has no history of prior violations. After considering NetCom's history of compliance with the Commission's rules, we conclude that it is appropriate to reduce the forfeiture from $13,000 to $10,500. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, NetCom Technologies, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand five hundred dollars ($10,500) for failing to register its Juana Diaz, Puerto Rico antenna structure in willful and repeated violation of Section 17.4(a)(1) of the Rules and for failing to exhibit medium intensity obstruction lighting on its Juana Diaz,
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- the forfeiture based on its overall history of compliance. We find that the licensee WLDI has an overall history of compliance with the Commission's rules. We therefore grant WLDI's request for reduction of the forfeiture amount and reduce WLDI's forfeiture to $16,800. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. § 503(b) and 47 C.F.R. §§ 0.111, 0.311 and 1.80, WLDI, Inc. SHALL FORFEIT to the United States the sum of sixteen thousand eight hundred dollars ($16,800) for willfully and repeatedly violating 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. Payment of the forfeiture shall be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture
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- amount of $7,000 for transmission of indecent material. After considering all the facts and circumstances, we believe the base forfeiture amount is the appropriate sanction for the violation described above and that neither an upward nor downward adjustment should be made. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. § 503(b), and 47 C.F.R. §§ 0.111, 0.311 and 1.80, The KBOO Foundation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. 12. IT IS FURTHER ORDERED THAT, pursuant to 47 C.F.R. § 1.80, within thirty days of this NOTICE OF APPARENT LIABILITY, The KBOO Foundation
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- his radio installation. On March 23, 2001, the Commission's Seattle, Washington, Office issued a Notice of Apparent Liability for Forfeiture in the amount of seventeen thousand dollars ($17,000) to Brockway. Brockway has not filed a response. Based on the information before us, we affirm this forfeiture. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Brockway IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for violating Sections 301 and 303(n) of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release of this Order. If the forfeiture is
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- After having reviewed the record and the Consent Decree, including the incorporated Compliance Plan, we believe that the public interest will be served by adopting the Consent Decree and terminating the Enforcement Bureau's forfeiture proceeding against Natchez. 4. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order, IS ADOPTED. 5. IT IS FURTHER ORDERED that the Enforcement Bureau's forfeiture proceeding against Natchez IS TERMINATED. 6. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by Certified Mail Return Receipt Requested to Stephen Díaz Gavin, Esquire, Patton Boggs
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- set a base forfeiture amount of $7,000 for transmission of indecent or obscene materials. After considering all the facts and circumstances, we believe the base forfeiture amount is the appropriate sanction and that neither an upward nor downward adjustment should be made. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Citadel Broadcasting Company is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of Seven Thousand Dollars ($7,000.00) for willfully violating the 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's rules, within thirty days
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- operations, which typically have been subject to forfeitures of approximately $10,000. Taking these facts into consideration and all of the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 is warranted. IV. Ordering Clauses 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, WWC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 101.31 of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the Act,
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- documentation to enable us to evaluate the licensee's current financial condition, therefore, we cannot assess its ability to pay the forfeiture amount. Consequently, we must deny its request for rescission or reduction of the forfeiture based on its purported inability to pay. IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, KASA Radio of Hogar, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violating Sections 73.54(d), 73.1350(c)(1), 73.1590(a)(6), and 73.3526(a)(2) of the Commission's Rules. 6. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days of
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- Enforcement Bureau released a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of five thousand dollars ($5,000) to AA Beep. AA Beep has not filed a response. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, AA Beep IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for willful violation of the provisions of Sections 301 of the Act and Section 22.3 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days
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- 2001, the District Director of the Enforcement Bureau's Atlanta Field Office issued a Notice of Apparent Liability (``NAL'') for Forfeiture in the amount of twenty-four thousand dollars to Zachery. Zachery has not filed a response. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's Rules, Zachery Broadcasting Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of $24,000 for violating sections 11.35(a), 17.4(a), 17.48, 17.49, 17.50, 17.56, 73.49, and 73.3526 of the Rules in its operation of WDWZ(AM). 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's
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- history of misconduct before this agency, we believe that a forfeiture in the maximum amount of $11,000 is appropriate. Operating unlicensed radio facilities in deliberate and brazen defiance of our rules cannot and will not be tolerated. V. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to Sections 312 of the Communications Act of 1934, as amended, and Sections 1.92(d) and 0.111(a)(14) of the Commission's rules, that the captioned Amateur Radio and GMRS station licenses held by Leslie D. Brewer ARE REVOKED, effective on the 40th day after release of this Order, unless Mr. Brewer files a petition for reconsideration within 30 days of release of this Order, in which case the effective date will be suspended pending further order of the
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- of the above statutory factors and the factors set forth in the Policy Statement. Taking all of these factors into account, we conclude that neither cancellation nor mitigation of the proposed forfeiture is justified and that the proper forfeiture amount is $5,000. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Hormigonera Chaparro, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for willful violation of the provisions of Section 301of the Act. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- Director of the Enforcement Bureau's San Francisco Field Office issued a Notice of Apparent Liability (``NAL'') for Forfeiture in the amount of ten thousand dollars to Mr. Nakamura. Mr. Nakamura has not filed a response. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's Rules, Joshie Yasin Nakamura, Sr. a/k/a Marvin Eugene Barnes IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violating Section 301 of the Act by operating an unlicensed amateur radio station. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules,
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- 2001, the District Director of the Enforcement Bureau's Atlanta Field Office issued a Notice of Apparent Liability (``NAL'') for Forfeiture in the amount of twenty-four thousand dollars to Zachery. Zachery has not filed a response. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's Rules, Zachery Broadcasting Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of $24,000 for violating sections 11.35(a), 17.4(a), 17.48, 17.49, 17.50, 17.56, 73.49, and 73.3526 of the Rules in its operation of WDWZ(AM). 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's
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- See Station KGVL, Inc., 42 FCC 2d 258, 259 (1973). Finally, USA Tower argues that we should consider its history of overall compliance with the Rules. We will do so and reduce the $10,000 forfeiture to $8,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, USA Tower IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for failure to exhibit red obstruction lighting on its antenna structure in willful violation of Section 17.51(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- Office released a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of three thousand dollars ($3,000) to Mitchell. Mitchell has not filed a response to the NAL. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Mitchell Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willful violation of Section 17.4 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release of this Order. If the
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- the Commission), which have been subject to forfeitures of approximately $10,000. Taking these facts into consideration in conjunction with the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 is warranted. IV. Ordering Clauses 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules Verizon is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 22.3 of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the Act
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- Liability for Forfeiture (``NAL'') in the amount of ten thousand dollars ($10,000) to HCTV. HCTV has not filed a response to the NAL. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Ho'ona'auao Community TV, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willful violation of Section 73.3527(c)(1) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- Liability for Forfeiture (``NAL'') in the amount of seven thousand dollars ($7,000) to NEPC. NEPC has not filed a response to the NAL. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Northeast Passage Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willful violation of Sections 17.4(a) and 1.89(b) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- the proposed forfeiture or any further mitigation. We have examined Shepler's response to the NAL in light of the factors specified in the Policy Statement and in Section 1.80(b)(4) of the Rules and we conclude that $2,200 is the proper forfeiture amount. IV. Ordering Clauses 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 506(a) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Shepler's IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,200 for violation of the Great Lakes Agreement and Sections 80.953(a) and 80.953(b) the Commission's Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release
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- Service, to approximately the end of June 2001, when U S WEST allegedly completed implementation of its reformulated calling platform service. ordering clauses ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 206, 207, 208, and 271 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151,154 (i), 154 (j), 206, 207, 208, and 271, and sections 0.111, 0.311, and 1.722(d)(1) of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.722(d)(1), that the above-captioned supplemental complaints for damages ARE DESIGNATED FOR HEARING before an Administrative Law Judge, at a time and place to be specified by the Administrative Law Judge in a subsequent Order, upon the following issues: (1) To determine, in light of the evidence adduced
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- Squaw Mountain site, a forfeiture proceeding is not an appropriate vehicle for seeking reinstatement of a cancelled license. If Falcon wishes to seek reinstatement of the license, it should file a request for reinstatement with the Wireless Telecommunications Bureau. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Falcon Radio, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for unauthorized operation of a radio station in willful and repeated violation of Section 301 of the Act. IT IS FURTHER ORDERED that the forfeiture in the amount of twenty thousand dollars ($20,000) issued to Falcon Radio,
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- to operate his amateur station until September 1, 2003. He has not operated his amateur radio station since turning in the license. In addition, Mr. Chan has submitted financial data demonstrating that he is unable to pay the proposed forfeiture. Accordingly, we conclude that cancellation of the proposed $7,500 forfeiture is warranted. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the forfeiture in the amount of seven thousand five hundred dollars ($7,500) proposed in the March 10, 1999 NAL issued to Kornwell Chan IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail Return Receipt Requested to Kornwell Chan, 1919 Audubon Drive, Dresher, Pennsylvania 19025. FEDERAL
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- assertion that he lacked the necessary apparatus and the technical ability cannot excuse his failure to make an independent determination. We conclude that there is no basis for rescission or mitigation of the proposed monetary forfeiture and that $2,000 is the proper amount. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Mike Morrison IS LIABLE FOR A MONETARY FORFEITURE in the amount $2,000 for willfully and repeatedly violating the provisions of Section 302 of the Act, which prohibits the sale of noncompliant radio frequency devices. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within
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- of the Commission's Rules. Process to Update International Bureau Records 6. The International Bureau believes it is necessary for carriers to timely file for and receive proper authorizations and licenses and to be otherwise in compliance with all applicable rules and policies. To that end, the International Bureau announces a 90-day period after which, pursuant to its authority under Sections 0.111 and 0.311 of the Commission's rules, it will refer to the Enforcement Bureau for appropriate enforcement action any carrier that is providing international telecommunications services or operator operating international telecommunications facilities without first receiving proper authorizations from the Commission under Section 214 of the Communications Act and Sections 34-39 of the Submarine Cable Landing License Act, respectively. The Enforcement Bureau
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- for violations at WBOT that are separate and distinct from the violations in this case. Consequently, Radio One does not have an overall history of compliance with the Commission's Rules, and a reduction of the forfeiture on this basis is not warranted. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Radio One Licenses, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-one thousand five hundred dollars ($21,500) for violating Sections 11.35(a), 73.1125(e), 73.1350(c)(1), 73.1800(a), and 73.3526(a)(2) of the Commission's Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30
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- to the statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Hancock willfully violated Sections 11.35(a) and 73.49 of the Rules, but we reduce the forfeiture amount from $15,000 to $3,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Hancock Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for failure to install its EAS equipment so the monitoring and transmitting functions are available in willful violation of Section 11.35(a) of the Rules and failure to enclose its AM antenna tower within an effective locked fence
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- in the interstate telecommunications business. Moreover, the complainant did not request damages and the underlying statutory provision has been changed. Accordingly, IT IS ORDERED, pursuant to the authority contained in sections 1, 4(i), 4(j) 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the formal complaint filed by Transglobal Telcom, Inc. on January 26, 1995 and amended on May 26, 1995, IS DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. IT IS FURTHER ORDERED that the motion to dismiss filed by E-Tel, Inc. on July 10, 1995 IS DISMISSED as
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- After having reviewed the record and the Consent Decree, including the incorporated Compliance Plan, we believe that the public interest will be served by adopting the Consent Decree and terminating the Enforcement Bureau's forfeiture proceeding against Bronco. 4. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order, IS ADOPTED. 5. IT IS FURTHER ORDERED that the Enforcement Bureau's forfeiture proceeding against Bronco IS TERMINATED. Brown & Saul, P.C., 633 17th Street, Suite 2700, Denver, Colorado 80202, and to Bronco Broadcasting Co., Inc., 3713 Highway 94 North, St. Charles, Missouri 63301. FEDERAL COMMUNICATIONS COMMISSION David
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- NAL pursuant to the statutory factors set forth above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Mega has not provided a sufficient justification for remitting or mitigating the proposed monetary forfeiture. IV. Ordering Clauses 9. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Mega IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willful violation of the provisions of 17.51(a) of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- forfeiture proposed in the NAL, we note that photographs taken at the time of the inspection clearly show that the ASR number was not posted either on the base of the tower or on the sign attached to the fence surrounding the tower. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, American InfoAge, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willful violation of Section 17.51(b) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- evidence relating to this matter, we conclude that there are no substantial and material questions of fact as to whether Verizon possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act, 47 U.S.C. § 154(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the Commission staff inquiry into the matter described here IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) File No. EB-01-IH-0236
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- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that PRTC has failed to provide sufficient justification for canceling or mitigating the proposed forfeiture amount. Therefore, we affirm the forfeiture of ten thousand dollars ($10,000). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Puerto Rico Tower Co., Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to exhibit red obstruction lighting and medium intensity obstruction lighting on its antenna structure in willful and repeated violation of Section 17.51(a) and (b) of the Rules. Payment of the forfeiture shall be
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- (2000). Each of these licensees waived his or her right to hearing and requested that the license issued in his or her name be cancelled. 3. Administrative Law Judge Arthur I. Steinberg terminated the hearing with respect to these licensees and certified the matter to the Commission. Memorandum Opinion and Order, FCC 00M-58 (released October 26, 2000). Pursuant to Section 0.111(a)(14) of the Commission's rules, 47 C.F.R. § 0.111(a)(14), the Enforcement Bureau is delegated the authority to issue an appropriate order in this matter. Having reviewed the facts and circumstances relating to these licenses and the statements submitted by the named licensees, we find that it is appropriate to cancel the authorizations in accordance with the requests of the named licensees.
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of AT&T Corp. to Extend Time in Which to Convert Informal Complaints to Formal Complaints and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R.
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of Sprint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date on which Sprint must convert the above-captioned informal complaint
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- statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Rego has provided no basis for rescission or mitigation of the proposed monetary forfeiture and that $6,500 is the appropriate forfeiture amount. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Rego, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand five hundred dollars ($6,500) for failure to install and maintain operational EAS equipment, failure to have a remote control system at the main studio able to provide sufficient transmission system monitoring and control capability, and failure to maintain a station
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- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Broadwing has failed to provide sufficient justification for canceling or mitigating the proposed forfeiture amount. Therefore, we affirm the forfeiture of thirteen thousand dollars ($13,000). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Rio Grande Transmission, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen thousand dollars ($13,000) for willful violations of Section 303(q) of the Act and Sections 17.23 and 17.57 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- and independent contractors. Thus, SpectraSite is responsible for the acts and omissions of its monitoring service. Finally, although SpectraSite took expedient measures to correct the violation, its remedial actions, while commendable, are not a mitigating factor. IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, SpectraSite Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violating Section 17.51(a) of the Rules by failing to exhibit red obstruction lighting from sunset to sunrise on April 5, 2001. 6. Payment of the forfeiture shall be made in the manner provided for in Section
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of AT&T Corp. to Extend Time in Which to Convert Informal Complaints to Formal Complaints and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R.
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- Bureau's New Orleans Field Office issued a $25,000 Notice of Apparent Liability for Forfeiture to Willis. Willis did not file a response. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. 3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Willis Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $25,000 for violating Sections 1.89(b), 11.35(a), 17.4(a)(2), and 73.3526(c) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of AT&T Corp. to Extend Time in Which to Convert Informal Complaints to Formal Complaints and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R.
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- need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 202(a), 203(c), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), 202(a), 203(c), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Joint Motion to Dismiss with Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 202(a), 203(c), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), 202(a), 203(c), and 208, and the authority delegated
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- and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 222(e) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and 222(e), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Yellow Book's Motion For Voluntary Dismissal IS GRANTED. 4. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 222(e) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and 222(e), and the authority delegated in sections 0.111 and 0.311
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of AT&T Corp. to Extend Time in Which to Convert Informal Complaints to Formal Complaints and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R.
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- information. Therefore, pursuant to Section 1.748(a) of the Commission's rules, we dismiss without prejudice Quest Net's application. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 214 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 214, section 1.748(a) of the Commission's rules, 47 C.F.R. § 1.748(a), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, and 0.311, that the above-captioned application is dismissed without prejudice and that this proceeding IS TERMINATED without prejudice. IT IS FURTHER ORDERED that this Order is effective immediately upon release thereof. FEDERAL COMMUNICATIONS COMMISSION Kathryn O'Brien Acting Chief Telecommunications Division International Bureau In our letter, we instructed Camilo Pereira to
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- the Commission), which have been subject to forfeitures of approximately $10,000. Taking these facts into consideration in conjunction with the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 is warranted. IV. Ordering Clauses 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Verizon is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 22.3 of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the Act
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- unpersuasive WWC's arguments that the stations were being operated to support valuable services and no harm resulted. Notwithstanding the services WWC may have provided, this does not change our finding that WWC violated our rules by operating the subject stations without Commission authorization. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, WWC License LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for operation of microwave radio stations WPJE660, WPJD256, and WPJA761 without a valid license in willful and repeated violation of Section 301 of Act and Section 101.31 of the Rules. Payment of the forfeiture shall be made
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- equipment and on at least one occasion stated that the violations would not be repeated. Nonetheless, our investigation revealed that Mr. Kramer again violated our rules in February 2001. Thus, imposition of a forfeiture in at least the amount of $9,500 is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Klaus D. Kramer IS LIABLE FOR A MONETARY FORFEITURE in the amount of nine thousand five hundred dollars ($9,500) for operating radio transmitters without Commission authorization in willful and repeated violation of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of AT&T Corp. to Extend Time in Which to Convert Informal Complaints to Formal Complaints and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R.
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- than ninety (90) days after the D.C. Circuit's decision on the merits in ACS of Anchorage, Inc. v. FCC, Case No. 01-1059, has become final and appellate remedies have been exhausted. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 208 and the authority delegated by sections 0.111, 0.311, 1.717 and 1.718 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.717, and 1.718 that ACS file its response to AT&T's informal complaint no sooner than sixty (60) days after the D.C. Circuit's decision on the merits in ACS of Anchorage, Inc. v. FCC, Case No. 01-1059, has become final and appellate remedies have been exhausted, but no
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- and twenty (120) days after the D.C. Circuit's decision on the merits in ACS of Anchorage, Inc. v. FCC, Case No. 01-1059, has become final and appellate remedies have been exhausted. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 208 and the authority delegated by Sections 0.111, 0.311, 1.717, and 1.718 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.717, and 1.718 that Vitelco respond to AT&T's informal complaint no sooner than ninety (90) days after the D.C. Circuit's decision on the merits in ACS of Anchorage, Inc. v. FCC, Case No. 01-1059, has become final and appellate remedies have been exhausted, but no later than
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- With respect to the main studio, section 73.1125(e) of the Commission's rules, 47 C.F.R. § 73.1125(e), requires broadcast licensees to maintain a local telephone number in their community of license or a toll-free number. Initially, we reject Allen's argument that we had no authority to investigate and act upon matters in addition to the one referred by the Commission. Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, give the Enforcement Bureau primary responsibility for enforcing the Commission's rules relative to broadcast operations. Our investigation into whether Allen operated KMCA in accordance with those rules involves nothing more than action within the scope of that authority. Further, nothing in the Commission's Order limited the scope of
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of AT&T Corp. to Extend Time in Which to Convert Informal Complaints to Formal Complaints and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R.
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- resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Joint Motion to Dismiss IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules,
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- this proceeding the sentences in the NAL that, ``At the time of the inspection, Two Rivers maintained a manager responsible for accounts receivable and a receptionist.'' and ``All station operations, other than accounts receivable, were under the direction and oversight of Wilks.'' IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Barnstable Broadcasting, Inc., dba Two Rivers Broadcasting Limited Partnership IS LIABLE FOR A MONETARY FORFEITURE in the amount of sixteen thousand dollars ($16,000) for failure to determine and log the reasons why EAS tests were not being received and failure to maintain lighting in operational condition in willful and repeated violation of Sections 11.35(a)
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- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Eure has failed to provide sufficient justification for canceling or mitigating the proposed forfeiture amount. Therefore, we affirm the forfeiture of eight thousand dollars ($8,000). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Eure Family Limited Partnership, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for failure to exhibit red obstruction lighting on its antenna structure between sunset and sunrise in willful violation of Section 17.51(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for
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- response to the NAL on August 7, 2001 accompanied by documentation regarding his ability to pay the proposed forfeiture. After reviewing Mr. Pettrey's response, we conclude that cancellation of the proposed $10,000 forfeiture is warranted based on Mr. Pettrey's inability to pay the proposed forfeiture. 3. Accordingly, IT IS ORDERED that, pursuant to Section 504(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, the forfeiture in the amount of ten thousand dollars ($10,000) proposed in the July 30, 2001 NAL issued to Jeffrey Alan Pettrey IS CANCELLED. 4. IT IS FURTHER ORDERED that, a copy of this Order shall be sent by Certified Mail Return Receipt Requested to Jeffrey Alan Pettrey at 4014 West Main Street,
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- parties and of this Commission until such time as may actually be necessary. 5. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Petition for Extension of Time filed by Indiana Paging Network, Inc. IS GRANTED. 6. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the dates on
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of AT&T Corp. to Extend Time in Which to Convert Informal Complaints to Formal Complaints and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R.
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- to the statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that MAPA willfully violated Sections 11.35(a) and 73.49 of the Rules, but we reduce the forfeiture amount from $15,000 to $2,500. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, MAPA Broadcasting, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand five hundred dollars ($2,500) for failure to install its EAS equipment so the monitoring and transmitting functions are available in willful violation of Section 11.35(a) of the Rules and failure to enclose its AM antenna tower within an effective
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- resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Joint Motion to Dismiss Supplemental Complaint With Prejudice IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311
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- an amateur frequency without a license. On September 10, 2001, the Commission's Dallas, Texas, Office issued a Notice of Apparent Liability for Forfeiture in the amount of $10,000 to Merrell. Merrell has not filed a response. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Merrell IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violating Section 301 and of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release of this Order. If the forfeiture is not
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Joint Motion to Dismiss IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47
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- of $50,000 to relocate. Given Rebus's financial situation, we believe that assessment of the full forfeiture amount would impose a financial hardship. Therefore, we conclude that a reduction of the forfeiture amount to $1,000 is appropriate. IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Rebus, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for violating Section 11.35(a) of the Rules by operating station WTAL(AM) without the required EAS equipment. 6. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days
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- Agent Office issued a Notice of Apparent Liability for Forfeiture in the amount of thirteen thousand dollars ($13,000) to Netcom for the noted violations. Netcom has not filed a response. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Netcom Technologies, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen thousand dollars ($13,000) for failing to register its Juana Diaz, Puerto Rico antenna structure in willful and repeated violation of Section 17.4(a)(1) of the Rules and for failing to exhibit medium intensity obstruction lighting on its Juana Diaz, Puerto Rico
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- to properly file its renewal application, ``[l]icensees are expected to know and comply with the Commission's rules, and will not be excused for violations thereof, absent clear mitigating circumstances.'' Econopage has not presented mitigating circumstances that would warrant reducing the forfeiture amount. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Econopage of Cleveland, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for violating Section 301 of the Act and Section 22.3 of the Rules by operating station KNKJ435 without a license. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80
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- the Mayflower Compact, and his birth certificate. Although he did not timely file his second set of documents, our review of the documents revealed nothing responsive to the facts alleged in the NAL. Additionally, nothing in the documents persuades us to reduce the $10,000 forfeiture. 4. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's Rules (``Rules''), Mr. Rowland IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days of the release of this Forfeiture Order.
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- willful broadcast of indecent material on three separate occasions. In determining the amount of the forfeiture, we considered, but ultimately found insignificant, the fact that there was a transfer of control of WLDI, Inc. subsequent to the broadcasts in question. Ordering Clauses ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that WLDI, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty one thousand dollars ($21,000) for willfully and repeatedly violating 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days
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- radio station's Equivalent Isotropically Radiated Power (``EIRP'') is 63.4 dBm. Converting the radio station's EIRP of 63.4 dBm to an equivalent ERP results in an ERP of 61.3 dBm, which is greater than the 55 dBm ERP limit set by Section 101.31(b)(1)(vii) of the Rules. 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Califormula IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days of the release of this Forfeiture Order. If the forfeiture
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- is $2,000 per violation. Application of that base amount to each of VoiceStream's violations would lead to a proposed forfeiture of $24,000. We find no basis for making any adjustments to this amount. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, Section 1.80 of the Commission's Rules, and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, VoiceStream PCS I License L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-four thousand dollars ($24,000) for violating Section 17.4(g) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE
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- profit and loss statements indicate that it had gross revenues of $237,171.30 in 1997, $190,935.93 in 1998, and $231,332.82 in 1999. The proposed forfeiture amount of $5,000 is not excessive in the context of these revenues. Therefore, we affirm the forfeiture of $5,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Joe L. Ford, d/b/a Ford Communications, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, and Section 22.3 of the Commission's Rules. Payment of the forfeiture shall be made in the manner provided for in
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- On December 16, 1999, Checkpoint filed an application for renewal of the authorization for that station and requested a waiver of Section 1.949(a) of the Rules. On April 3, 2000, the Commission granted Checkpoint's waiver request and reinstated its authority to operate Station WPCA811. On December 14, 2000, the Enforcement Bureau, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80 of the Rules, issued the referenced NAL in the amount of five thousand dollars ($5,000) to Checkpoint for operating without a valid license. In its response to the NAL, Checkpoint argues that the one-year statute of limitations in Section 503(b)(6)(B) prohibits the Commission from imposing the proposed forfeiture. In support of its assertion, Checkpoint states that it
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- proposed forfeiture was assessed for AT&T's alleged operation of a PCS station without authorization from a site in Humacao, Puerto Rico. Based on AT&T's response, it is clear that AT&T did not engage in the operation at issue in the Notice of Apparent Liability for Forfeiture. 2. Accordingly, IT IS ORDERED, pursuant to Section 504(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, that the Notice of Apparent Liability for Forfeiture issued to AT&T IS RESCINDED. 3. IT IS FURTHER ORDERED that, a copy of this Order shall be sent certified mail, return receipt requested, to AT&T Wireless PCS, Inc., 1150 Connecticut Avenue, N.W., 4th Floor, Washington, D.C. 20036. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement
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- a renewal application. In this case, however, $6,000 is justified because of the large number of stations involved (11). 8. We conclude that there is no basis for rescission or mitigation of the proposed monetary forfeiture and that $6,000 is the proper amount. Ordering Clauses 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Commercial Radio IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,000 for repeatedly violating the provisions of Section 301 of Act and Section 1.903 of the Rules, which prohibit operation of a station without authorization from the Commission. 10. Payment of the forfeiture shall be made in the manner provided for in
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- impose a forfeiture for the base amount of $4,000. Accordingly, IT IS ORDERED, that El Mundo's ``petition for reconsideration'' filed November 22, 2000, IS GRANTED to the extent that we approve a reduction of the proposed forfeiture amount from $6,000 to $4,000. IT IS FURTHER ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, El Mundo Broadcasting Corporation, licensee of Stations WKAQ(AM), San Juan, PR, and WUKQ(AM), Ponce, PR, shall FORFEIT to the United States the sum of Four Thousand Dollars ($4,000.00), for willfully and repeatedly violating Section 73.1206 of the Commission's rules. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent
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- NAL. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. However, ten thousand dollars ($10,000) is the base amount for this violation. Therefore, we are reducing the forfeiture amount to ten thousand dollars ($10,000) on our own motion. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Dr. John G. Pierre IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willful violation of the provisions of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release of
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- a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of five thousand dollars ($5,000) to Ohio Bell. Ohio Bell has not filed a response to the NAL. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, the Ohio Bell Telephone Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for willful violation of the provisions of Section 301 of the Act and Section 22.3 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules
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- twenty-year operation of WCVP. During our review of FCC records, we found that Cherokee Broadcasting had a history of overall compliance with the Rules. Consequently, in this case, we will reduce the $8,000 forfeiture to $6,500. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934 (``Act''), as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Cherokee Broadcasting IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,500 for willfully violating Section 11.35(a) of the Rules requiring it to have operating EAS equipment in place. 8. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules, within 30 days of the
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- false activations, we find that the proposed forfeiture amount of $8,000 is excessive. Taking the above statutory factors into account as well as the factors set forth in the Policy Statement, we conclude that the proposed monetary forfeiture should be mitigated to $2,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Oahu Aviation IS LIABLE FOR A MONETARY FORFEITURE in the amount $2,000 for repeatedly violating the provisions of Section 87.193 of the Rules, which permits an ELT to be activated only as a locating aid for survival purposes. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Radford has failed to provide sufficient justification for canceling or mitigating the proposed forfeiture amount. Therefore, we affirm the forfeiture of three thousand dollars ($3,000). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Radford Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for failure to register its antenna structure in willful violation of Section 17.4(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- set a base forfeiture amount of $7,000 for transmission of indecent/obscene materials. After considering all the facts and circumstances, we conclude that the base forfeiture amount is the appropriate sanction and that neither an upward nor downward adjustment should be made. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. § 503(b) and 47 C.F.R. §§ 0.111, 0.311 and 1.80, Infinity Radio License, Inc. FORFEIT to the United States the sum of seven thousand dollars ($7,000) for willfully violating 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. 13. Payment of the forfeiture shall be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture Collection Section,
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- complaint. We conclude that the orderly dispatch of the Commission's business and fairness to the defendant require the dismissal of Voice Network's complaint under the circumstances. 7. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934 as amended, 47 U.S.C §§ 151, 154(i), 154(j), 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the defendant's Motion to Dismiss for Failure to Prosecute is GRANTED. 8. IT IS FURTHER ORDERED that the above-captioned formal complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Frank G. Lamancusa Deputy Chief, Market Disputes Resolution Division Enforcement Bureau After the
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- reference. Following our adoption of this Order, TMS will institute a compliance plan and will make a voluntary contribution to the United States Treasury of $15,000. We believe that the public interest would be served by approving the Consent Decree and terminating our inquiry. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j) and 503(b) of the Act, and Sections 0.111 and 0.311 of the Commission's Rules, that the attached Consent Decree IS ADOPTED. TMS shall make its voluntary contribution to the United States Treasury by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Federal Communications Commission, Forfeiture Collection Section, Finance Branch, P.O. Box 73482, Chicago, Illinois 60673-7482. The payment should reference
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- will not excuse its past violations. After reviewing Section 503(b)(2)(D) of the Communications Act of 1934 (``Act''), as amended, section 1.80 of the Rules, the facts, and TeleCorp's response to the NAL, we believe that the $80,000 forfeiture is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Rules, TeleCorp IS LIABLE FOR A MONETARY FORFEITURE in the amount of $80,000 for willfully and repeatedly violating Section 17.51 of the Rules requiring it to have operating antenna structure lighting. 12. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules, within 30 days of the
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- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Eschelon's Motion to Dismiss Without Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITHOUT PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 01-642 Federal Communications Commission
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- the NAL, K.I.D.S. - TV6 transferred control of K06MU to Bear Valley Broadcasting, Inc. prior to having received Commission authorization to do so. Having received nothing to suggest otherwise, we conclude that the unauthorized transfer occurred and that imposition of the forfeiture is warranted. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to 47 U.S.C. § 503(b) and 47 C.F.R. §§ 0.111, 0.311 and 1.80, that K.I.D.S. - TV6 FORFEIT to the United States the sum of eight thousand dollars ($8,000) for willfully and repeatedly violating 47 U.S.C. § 310(d) and 47 C.F.R. § 73.3540(a). Payment of the forfeiture shall be made by mailing a check or money order, payable to the order of the Federal Communications Commission, to the Forfeiture Collection
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar, Deputy Chief Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 01-67
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- stated, Section 17.57 of the Rules requires SpectraSite to immediately notify the Commission of any change in tower ownership. Compliance with this rule obviates the need to send copies of violation notices to any entity other than the tower owner of record. IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, SpectraSite Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violating Sections 17.57 and 17.4(g) of the Rules by failing to notify the Commission of changes in tower ownership, failing to post ASR numbers, and in one instance, failing to post the correct ASR number. 6.
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- forfeiture is warranted. In conclusion, after reviewing Section 503(b)(2)(D) of the Communications Act of 1934 (``Act''), as amended, Section 1.80 of the Rules, the facts, and AT&T Wireless' opposition to the NAL, we believe that a $14,000 forfeiture is appropriate. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, as amended, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, AT&T Wireless IS LIABLE FOR A MONETARY FORFEITURE in the amount of $14,000 for willfully and repeatedly violating Section 17.4(g) of the Rules requiring it to post ASR numbers at the base of its antenna structures. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
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- statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Page-Comm has failed to provide sufficient justification for canceling the proposed forfeiture amount, but has provided justification for reducing it to $3,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Page-Comm IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for operating a paging system without Commission authorization in willful and repeated violation of Section 301 of the Act and Section 22.3 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section
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- the renewal application was granted. Accordingly, we will not revisit Crosstown's character qualifications at this time. Against this backdrop, we find that the record in this proceeding is devoid of a sufficient basis upon which to reverse the Branch's decision to grant Crosstown's modification application. Petitioners also request that we issue a Notice of Violation against Crosstown. Pursuant to Section 0.111 of the Commission's rules, we referred this portion of the Petition to the Enforcement Bureau for further consideration. The Enforcement Bureau's Technical and Public Safety Division has reviewed the Petition and determined that enforcement action was not warranted. Finally, with respect to allegations of harmful interference created by Crosstown's operations, we remind Crosstown that it has an obligation pursuant to
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- alleged inability to pay. After reviewing T & W Communications's financial documentation, we find that the $6,500 proposed forfeiture is reasonable given its gross receipts or sales of $510,816 (1997), $406,814 (1998), $511,304 (1999), and $370,928 (through September of 2000). IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, as amended, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, T & W Communications IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,500 for violating Sections 17.4(a)(2) and 73.49 of the Rules requiring it to register its antenna structure and to enclose that antenna structure with an effective locked fence. 6. Payment of the forfeiture shall be made in the manner provided
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- States Treasury in the amount of $20,000.00. We have reviewed the Consent Decree and evaluated the circumstances underlying the investigation. We believe that the public interest would be served by adopting the Consent Decree and terminating the investigatory proceeding. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, and Section 0.111 of the Commission's rules, the Consent Decree attached hereto IS ADOPTED. IT IS FURTHER ORDERED, that the above-captioned investigatory proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 310(d). Payment may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture Collection Section,
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- New Orleans, Louisiana Field Office issued a Notice of Apparent Liability for Forfeiture in the amount of fourteen thousand dollars ($14,000) to Christian Broadcasting for the noted violations. Christian Broadcasting has not filed a response. Therefore, we affirm this forfeiture. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Christian Broadcasting Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of fourteen thousand dollars ($14,000) for failing to respond to Commission correspondence in willful violation of Section 1.89(b) of the Rules, and for failing to register the antenna structure of radio station WBOK in willful violation of Section 17.4(a) of the Rules.
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- and such other matters as justice may require.'' 12 FCC Rcd at 17110. After reviewing all of the circumstances, we believe a $21,000 forfeiture is appropriate in this case for the apparent broadcast of indecent material on three separate occasions. Ordering Clauses ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Telemundo of Puerto Rico License Corp. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty one thousand dollars ($21,000) for willfully and repeatedly violating 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules,
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- for transmission of indecent/obscene materials. After considering all the facts and circumstances, we believe the base forfeiture amount is the appropriate sanction for each of the two violations described above and that neither an upward nor downward adjustment should be made. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. § 503(b), and 47 C.F.R. §§ 0.111, 0.311 and 1.80, Citicasters Co. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willfully and repeatedly violating 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. 10. IT IS FURTHER ORDERED THAT, pursuant to 47 C.F.R. § 1.80, within thirty days of this NOTICE OF APPARENT LIABILITY, Citicasters Co.
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- assignment or transfer of control.'' As detailed in the NAL, Citicasters assumed control of WBTJ(FM) without having received Commission authorization to do so. Having received nothing to suggest otherwise, we conclude that the unauthorized transfer occurred and that imposition of the forfeiture is warranted. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to 47 U.S.C. § 503(b) and 47 C.F.R. §§ 0.111, 0.311 and 1.80, that Citicasters Co. FORFEIT to the United States the sum of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating 47 U.S.C. § 310(d) and 47 C.F.R. § 73.3540(a). Payment of the forfeiture shall be made by mailing a check or money order, payable to the order of the Federal Communications Commission, to the Forfeiture Collection Section,
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- in conjunction with the Policy Statement as well. As a result of our review, we conclude that VoiceStream has provided a sufficient justification for mitigating the proposed forfeiture amount to $21,000, but has not provided a sufficient justification for any further mitigation. IV. Ordering Clauses 13. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, VoiceStream IS LIABLE FOR A MONETARY FORFEITURE in the amount of $21,000 for willful violation of the provisions of 17.4(g) of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release of this Order. If
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- States Treasury in the amount of $10,000. We have reviewed the Consent Decree and evaluated the circumstances underlying the investigation. We believe that the public interest would be served by adopting the Consent Decree and terminating the investigatory proceeding. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, and Section 0.111 of the Commission's rules, the Consent Decree attached hereto IS ADOPTED. IT IS FURTHER ORDERED, that the above-captioned investigatory proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 310(d). Payment may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture Collection Section,
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- forfeiture is appropriate. Applying the Forfeiture Policy Statement and statutory factors to the instant case, and based on the evidence before us, we find Telecorp Communications, Inc. apparently liable for forfeiture of $80,000 for four instances of failing to light an antenna structure. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Telecorp Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighty thousand dollars ($80,000) for violating Section 17.51 of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF
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- States Treasury in the amount of $15,000.00. We have reviewed the Consent Decree and evaluated the circumstances underlying the investigation. We believe that the public interest would be served by adopting the Consent Decree and terminating the investigatory proceeding. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, and Section 0.111 of the Commission's rules, the Consent Decree attached hereto IS ADOPTED. IT IS FURTHER ORDERED, that the above-captioned investigatory proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. §§ 301 and 310(d). Payment may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture
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- is $2,000 per violation. Application of the base amounts to each of the seven violations leads to a proposed forfeiture of $17,000. We find no basis for making any adjustments to this amount. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, Section 1.80 of the Commission's Rules, and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, SpectraSite Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violating Section 17.4(g) and Section 17.57 of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
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- for transmission of indecent/obscene materials. After considering all the facts and circumstances, we believe the base forfeiture amount is the appropriate sanction for each of the two violations described above and that neither an upward nor downward adjustment should be made. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. § 503(b), and 47 C.F.R. §§ 0.111, 0.311 and 1.80, Emmis FM License Corp. of Chicago is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willfully and repeatedly violating 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. 10. IT IS FURTHER ORDERED THAT, pursuant to 47 C.F.R. § 1.80, within thirty days of this NOTICE OF
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- $2,000 per violation. Application of that base amount to each of AT&T Wireless' violations would lead to a proposed forfeiture of $18,000. We find no basis for making any adjustments to this amount. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, Section 1.80 of the Commission's Rules, and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, AT&T Wireless Services, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for violating Section 17.4(g) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF
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- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that WorldCom's and SBC's Joint Motion to Dismiss IS GRANTED. IT IS FURTHER ORDERED that the supplemental complaint for damages in the above-captioned matter IS DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau Telecommunications
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- KNKC934 without Commission authorization between April 1, 1999 and December 27, 1999. Taking the above statutory factors into account as well as the factors set forth in the Policy Statement, we conclude that the proposed monetary forfeiture should be mitigated to $2,000. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Star IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for operating a paging system without Commission authorization in willful and repeated violation of Section 301 of the Act and Section 22.3 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in
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- radio operation from an unlicensed frequency, and claims that such operation was caused by a malfunctioning transmitter. We have considered Callcomm's arguments and reviewed the record, and we conclude that the record is insufficient to support a finding that Callcomm operated an unlicensed radio station. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 504(b) of the Act, and Sections 0.111, 0.311, and 1.80 of the Commission's Rules (``Rules''), the monetary forfeiture issued against Callcomm IS RESCINDED, and that pursuant to Section 1.106 of the Rules, Callcomm's Petition for Reconsideration IS GRANTED to the extent indicated herein and IS DENIED in all other aspects. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail
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- of Apparent Liability for Forfeiture (``NAL'') in the amount of thirteen thousand five hundred dollars ($13,500) to Mr. Smith for the noted violations. Mr. Smith has not filed a response. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Jerry Smith IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen thousand dollars ($13,500) for operating a CB Radio Station with a non-type-accepted transmitter, with a transmitter output power greater than four watts carrier power in the AM (A3) mode, and with an external RF power amplifier, in willful and repeated violation
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- its remedial actions, while commendable, are not a mitigating factor. However, after considering Palouse's overall history of compliance with the Commission's Rules, we conclude that it is appropriate to reduce the forfeiture from $10,000 to $8,000. IV. ORDERING CLAUSES 4. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Palouse Country, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Sections 73.1400(a)(1)(ii), 73.1560(a), 73.1580, and 73.1870(c)(3) of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days of the release of
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- the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's Rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss the above-captioned complaint with prejudice is GRANTED. 5. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission
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- its successor's basic tier rates. Nor did the Prior Order prohibit the LFA from filing a complaint against the CPST rates of Operator's successor, which it did not. We are not persuaded by the LFA's arguments that the Cable Services Bureau erred by dismissing the pending complaints against Operator in the Prior Order. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.106 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.106, that the LFA's Petition for Reconsideration of In the Matter of Booth American Company d/b/a Bloomfield Cable TV, DA 97-1204, 12 FCC Rcd. 1711 (1997) IS DENIED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving
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- days of the release of this Order. 5. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. § 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 6. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the Consumer
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- order Operator to refund this amount, plus any additional interest accrued to the date of refund, to its CPST subscribers within 60 days of the release of this Order. 7. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R §1.106, that Operator's Petition for Reconsideration IS DISMISSED. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and §76.962, that Operator shall refund to subscribers in the franchise area referenced above the total amount of $27,533.00, plus any additional interest accrued between April 30, 2002 and the date of refund, within 60 days of the release of this Order. 9. IT IS FURTHER ORDERED, pursuant
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- does not exceed its MPR, we find Operator's actual CPST rate of $9.16 to be reasonable, effective November 1, 1995. Upon review of Operator's FCC Form 1240, for the projected period June 1, 1996 through May 31, 1997, we find Operator's actual CPST rate of $8.95, effective June 1, 1996, to be reasonable. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $8.71, charged by Operator in the community referenced above, effective May 15, 1994 through July 14, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of
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- parties and of this Commission until such time as may actually be necessary. 6. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Petition for Additional Extension of Time filed by Indiana Paging Network, Inc. IS GRANTED. 7. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the dates
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- of $3.14 for a total MPR of $11.32, effective January 1, 1999. Because Operator's actual CPST rate of $18.28, effective January 1, 1999 through March 31, 1999, exceeds its revised MPR of $11.32, we find Operator's actual CPST rate of $18.28, effective January 1, 1999 through March 31, 1999, to be unreasonable. 14. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rates, charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961, that Operator shall refund to subscribers that portion of
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- we find Operator's actual CPST rate of $11.20, effective January 1, 1995 through March 31, 1995, to be unreasonable. 6. Upon review of Operator's FCC Form 1210 covering the period January 1, 1995 through March 31, 1995, we find Operator's actual CPST rate of $11.53, effective April 1, 1995, to be reasonable. 7. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.44, charged by Operator in the community referenced above, effective July 15, 1994 through October 31, 1994, IS UNREASONABLE 8. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate
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- Refund Order. Our total calculation, including three percent franchise fees and interest through February 28, 2002, equals $3,088.38. We order Operator to refund this amount, plus any additional interest accrued from February 28, 2002 to the date of refund, to its CPST subscribers within 60 days of the release of this Order. 4. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and §76.962, that Operator's Refund Plan IS NOT ACCEPTED. 5. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and §76.962, that Operator shall refund to subscribers in the franchise area referenced above the total amount of
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- we find Operator's actual CPST rate of $11.51, effective January 1, 1995 through March 31, 1995, to be unreasonable. 6. Upon review of Operator's FCC Form 1210 covering the period January 1, 1995 through March 31, 1995, we find Operator's actual CPST rate of $11.63, effective April 1, 1995 to be reasonable. 7. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.44, charged by Operator in the community referenced above, effective July 15, 1994 through August 31, 1994, IS UNREASONABLE 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST
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- we find Operator's actual CPST rate of $11.34, effective February 1, 1995 through March 31, 1995, to be unreasonable. 6. Upon review of Operator's FCC Form 1210 covering the period January 1, 1995 through March 31, 1995, we find Operator's actual CPST rate of $11.46, effective April 1, 1995, to be reasonable. 7. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.13, charged by Operator in the community referenced above, effective July 15, 1994 through January 31, 1995, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST
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- we find Operator's actual CPST rate of $11.38, effective July 15, 1994 through Sep 30, 1995, to be unreasonable. Upon review of Operator's FCC Form 1210, covering the period April 1, 1994 through September 30, 1995, we find Operator's actual CPST rate of $11.38, effective October 1, 1995, to be reasonable. Ordering Clauses Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and §76.962, that Operator's refund plan IS NOT ACCEPTED. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. § 76.962, that Operator shall refund to subscribers in the franchise area referenced above the total amount of $27,390.00, plus interest accruing from April 30,
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- Operator in its Petition. We modify the Prior Order to exclude any refund liability and dismiss Operator's refund plan as moot. 4. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. § 1.106, that Operator's Petition for Reconsideration IS GRANTED IN PART TO THE EXTENT INDICATED HEREIN. 5. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that In the Matter of Comcast Cablevision of Indiana, LP, DA 99-794, 14 FCC Rcd 6837 (1999), IS MODIFIED TO THE EXTENT INDICATED HEREIN. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 76.962, that
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- on our own motion, amend our Prior Order to exclude the finding of any refund liability for the period beginning December 1, 1994, without addressing the merits of the arguments raised by Operator in its Petition. Because our review results in a finding of no refund liability, we dismiss Operator's Petition as moot. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that In the Matter of CableOne, Inc., DA 98-1665, 13 FCC Rcd 18402 (1998), IS AMENDED TO THE EXTENT INDICATED HEREIN. IT IS FURTHER ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that Operator's petition for reconsideration IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION David H.
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- days of the release of this Order. 4. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. § 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 5. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon, Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the Consumer
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- to effective competition. Based on the Cable Services Bureau's finding of effective competition in our Competition Order, Operator's system in the franchise area in the Oro Valley community is not subject to rate regulation. Therefore, we vacate the Oro Valley Order and dismiss as moot Operator's Application with regard to that system. 4. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that In the Matter of In the Matter of Jones Spacelink of Ohio, DA 95-1742, 10 FCC Rcd 9802 (1995) and In the Matter of Jones Intercable, Inc., DA 95-1794, 10 FCC Rcd 9781 (1995), ARE VACATED. 5. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and
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- motion, amend the Prior Order to exclude the finding of any refund liability for the period beginning January 1, 1995, without addressing the merits of the arguments raised by Operator in its Petition. Because our review results in a finding of no refund liability, we dismiss Operator's Petition and refund plan as moot. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that In the Matter of Falcon Cable TV, DA 98-652, 13 FCC Rcd 7158 (1998), IS AMENDED TO THE EXTENT INDICATED HEREIN. IT IS FURTHER ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that Operator's petition for reconsideration and refund plan are DISMISSED. FEDERAL
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of AT&T Corp. Requesting Additional Extension of Time in Which to Convert Informal Complaint Against CTC Telcom to Formal Complaint and Toll Limitations Period IS GRANTED. against CTC Telcom, Inc., into a formal complaint pursuant to section 1.718 of our rules, 47 C.F.R. § 1.718,
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- Indiana Paging requests that the Commission dismiss its informal complaint and terminate this proceeding. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Partial Withdrawal and Request for Dismissal of Informal Complaint filed by Indiana Paging Network, Inc. IS GRANTED and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau See 47 C.F.R. § 1.718. See, e.g., Formal Complaints of Metrocall,
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- failed to file an NRUF report for one OCN, which was referenced in our NAL. We have not received a response from Allpage to suggest otherwise. Thus, we conclude that Allpage willfully violated section 52.15(f) and that imposition of the forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to 47 U.S.C. § 503(b), and 47 C.F.R. § 0.111, 0.311 and 1.80, that Allpage FORFEIT to the United States the sum of six thousand dollars ($6,000) for willfully violating the Commission's rules that require U.S. carriers to report actual and forecast number usage. Payment of the forfeiture may be made by mailing a check or money order, payable to the order of the Federal Communications Commission, to the Forfeiture
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- failed to file an NRUF report for one OCN, which was referenced in our NAL. We have not received a response from Core to suggest otherwise. Thus, we conclude that Core willfully violated section 52.15(f) and that imposition of the forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to 47 U.S.C. § 503(b), and 47 C.F.R. § 0.111, 0.311 and 1.80, that Core Communications, Inc. FORFEIT to the United States the sum of six thousand dollars ($6,000) for willfully violating the Commission's rules that require U.S. carriers to report actual and forecast number usage. Payment of the forfeiture may be made by mailing a check or money order, payable to the order of the Federal Communications Commission, to
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- file an NRUF report for three OCNs, which were referenced in our NAL. We have not received a response from American Metrocomm to suggest otherwise. Thus, we conclude that American Metrocomm willfully violated section 52.15(f) and that imposition of the forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to 47 U.S.C. § 503(b), and 47 C.F.R. § 0.111, 0.311 and 1.80, that American Metrocomm Corp. FORFEIT to the United States the sum of six thousand dollars ($6,000) for willfully violating the Commission's rules that require U.S. carriers to report actual and forecast number usage. Payment of the forfeiture may be made by mailing a check or money order, payable to the order of the Federal Communications Commission, to
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- file an NRUF report for three OCNs, which were referenced in our NAL. We have not received a response from Paging Source to suggest otherwise. Thus, we conclude that Paging Source willfully violated section 52.15(f) and that imposition of the forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to 47 U.S.C. § 503(b), and 47 C.F.R. § 0.111, 0.311 and 1.80, that Paging Source USA, LLC FORFEIT to the United States the sum of six thousand dollars ($6,000) for willfully violating the Commission's rules that require U.S. carriers to report actual and forecast number usage. Payment of the forfeiture may be made by mailing a check or money order, payable to the order of the Federal Communications Commission,
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- failed to file an NRUF report for one OCN, which was referenced in our NAL. We have not received a response from Winsome to suggest otherwise. Thus, we conclude that Winsome willfully violated section 52.15(f) and that imposition of the forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to 47 U.S.C. § 503(b), and 47 C.F.R. § 0.111, 0.311 and 1.80, that Winsome Paging, Inc. FORFEIT to the United States the sum of six thousand dollars ($6,000) for willfully violating the Commission's rules that require U.S. carriers to report actual and forecast number usage. Payment of the forfeiture may be made by mailing a check or money order, payable to the order of the Federal Communications Commission, to
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- financial documentation for the Bureau's analysis, and because, even though it has filed bankruptcy, it retains control over its assets. Moreover, filing for bankruptcy does not preclude the Commission from issuing an order imposing a forfeiture upon Friendship for violating its rules. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Friendship Cable of Texas, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Sections 76.605(a)(12) and 76.611(a) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- finding of willfulness. Furthermore, the only indication of voluntary disclosure occurred after the outage was detected. Moreover, Tidewater does not have a history of overall compliance with the Commission's Rules. Consequently, in this case, we will impose the originally proposed forfeiture of $10,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Tidewater Communications, Inc, IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to exhibit obstruction lighting on its antenna structure in willful violation of Section 17.51(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- parties and of this Commission until such time as may actually be necessary. 8. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.115 and 1.722 of the Commission's rules, 47 C.F.R. §§ 1.115, 1.722, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Metrocall's Consent Motions for Extension of Time, filed on April 19, May 2, and May 8, 2002, ARE GRANTED. 9. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines for Metrocall to file its opposition to Concord's Application for Review under section 1.115 of the
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- On January 25, 2002, the Commission's Miami, Florida, Resident Agent Office issued a Notice of Apparent Liability for Forfeiture in the amount of $17,000 to CTI for the noted violations. CTI has not filed a response. Based on the information before us, we affirm this forfeiture. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, CTI IS LIABLE FOR A MONETARY FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willfully violating Section 301 of the Act and repeatedly and willfully violating Section 302a (b) of the Act and Section 2.803(a)(1) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section
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- Apparent Liability for Forfeiture to PREPA for a forfeiture in the amount of three thousand dollars ($3,000) for the noted violation. PREPA has not filed a response. Based on the information before us, we affirm the assessment of this forfeiture. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Puerto Rico Electric Power Authority, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for willfully violating Section 17.4(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- promoting the private resolution of disputes and by postponing the need for further litigation and expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of AT&T Corp. Resolving Informal Complaint Against CTC Telcom IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau 47 C.F.R. §
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Pine Bluffs Community Television System IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable systems. IT IS FURTHER ORDERED that Pine Bluffs Community Television System place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Carson Communications, L.L.C. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the 21 captioned cable systems. IT IS FURTHER ORDERED that Carson Communications, L.L.C. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Cunningham Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for its Washington, Kansas cable system and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for its Hebron, Nebraska cable system. IT IS FURTHER ORDERED that Cunningham Communications, Inc. place a
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Souris River Television, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the seven captioned cable television systems. IT IS FURTHER ORDERED that Souris River Television, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Project Services, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. IT IS FURTHER ORDERED that Project Services, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be sent
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, WMW Cable Television Co. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that WMW Cable Television Co. place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall
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- the Commission's New York Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Rev. Dr. Nicholas. Rev. Dr. Nicholas has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules ("Rules"), Rev. Dr. Philius Nicholas IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- Michigan Office issued a Notice of Apparent Liability for Forfeiture to Brothers for a forfeiture in the amount of ten thousand dollars ($10,000) for the noted violation. Brothers has not filed a response. Based on the information before us, we affirm the assessment of this forfeiture. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''), Thomas A. Brothers IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Big Sandy Telecom. Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. IT IS FURTHER ORDERED that Big Sandy Telecom, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Galaxy Telecom, L.P. IS GRANTED a waiver of Section 11.11(a) of the Rules until April 1, 2004 for the captioned cable systems. IT IS FURTHER ORDERED that Galaxy Telecom, L.P. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be sent by
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Galaxy Telecom, L.P., IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for the captioned cable systems. IT IS FURTHER ORDERED that Galaxy Telecom, L.P., place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be sent by
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Galaxy Telecom, L.P. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the cable systems listed in Attachment A. IT IS FURTHER ORDERED that Galaxy Telecom, L.P. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Diode Cable Company, IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the ten captioned cable systems. IT IS FURTHER ORDERED that Diode Cable Company place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Panora Cooperative Cable Association, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. IT IS FURTHER ORDERED that Panora Coorperative Cooperative Cable Association, Inc. place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of
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- prior offenses, ability to pay, and such other matters as justice may require.'' After reviewing all of the circumstances, we believe a $21,000 forfeiture is appropriate in this case for the apparent broadcast of indecent material on three occasions. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Infinity Broadcasting Operations Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for willfully and repeatedly violating 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty
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- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Metrocall and CTC's Motion To Dismiss With Prejudice IS GRANTED. IT IS FURTHER ORDERED that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau Metrocall, Inc. v. Concord Telephone Co., Memorandum Opinion and Order, DA 02-301 (EB Feb. 8,
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- forfeiture amount. We have reviewed Chickasaw's response in light of the statutory factors set forth above, and conclude that Chickasaw has not justified cancellation of the proposed forfeiture but that its overall record justifies a reduction of the forfeiture from $6,000 to $4,800. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to 47 U.S.C. § 503(b), and 47 C.F.R. § 0.111, 0.311 and 1.80, that Chickasaw Telephone Co. FORFEIT to the United States the sum of four thousand eight hundred dollars ($4,800) for willfully violating the Commission's rules that require U.S. carriers to report actual and forecast number usage. Payment of the forfeiture may be made by mailing a check or money order, payable to the order of the Federal Communications
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- We have reviewed Digital Teleport's response in light of the statutory factors set forth above, and conclude that Digital Teleport has not justified cancellation of the proposed forfeiture but that its overall record justifies a reduction of the forfeiture from $6,000 to $4,800. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to 47 U.S.C. § 503(b), and 47 C.F.R. § 0.111, 0.311 and 1.80, that Digital Teleport, Inc. FORFEIT to the United States the sum of four thousand eight hundred dollars ($4,800) for willfully violating the Commission's rules that require U.S. carriers to report actual and forecast number usage. Payment of the forfeiture may be made by mailing a check or money order, payable to the order of the Federal Communications
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- Commission's requirements is considered a willful violation. Moreover, FullTel's pledge of future compliance does not justify reduction or cancellation of the proposed forfeiture penalty. We have reviewed Fulltel's response in light of the statutory factors set forth above, and we affirm the forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to 47 U.S.C. § 503(b), and 47 C.F.R. § 0.111, 0.311 and 1.80, that FullTel, Inc. FORFEIT to the United States the sum of six thousand dollars ($6,000) for willfully violating the Commission's rules that require U.S. carriers to report actual and forecast number usage. Payment of the forfeiture may be made by mailing a check or money order, payable to the order of the Federal Communications Commission, to the
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- We therefore conclude that a reduction of the forfeiture amount is warranted. We have reviewed IDS's response in light of the statutory factors set forth above, and find that IDS has justified a reduction of the proposed forfeiture penalty from $6,000 to $3,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to 47 U.S.C. § 503(b), and 47 C.F.R. § 0.111, 0.311 and 1.80, that IDS Telcom, LLC FORFEIT to the United States the sum of three thousand dollars ($3,000) for willfully violating the Commission's rules that require U.S. carriers to report actual and forecast number usage. Payment of the forfeiture may be made by mailing a check or money order, payable to the order of the Federal Communications Commission, to
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- an intermediate carrier and thus was required to report only utilization data. We have reviewed R&G's response in light of the statutory factors set forth above, and find that R&G has not justified reduction of the proposed forfeiture. Accordingly, we affirm the forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to 47 U.S.C. § 503(b), and 47 C.F.R. § 0.111, 0.311 and 1.80, that R&G Distribution FORFEIT to the United States the sum of six thousand dollars ($6,000) for willfully violating the Commission's rules that require U.S. carriers to report actual and forecast number usage. Payment of the forfeiture may be made by mailing a check or money order, payable to the order of the Federal Communications Commission, to the
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- is subject to effective competition. Based on the Cable Services Bureau's finding of effective competition in the Competition Order, Operator's systems in the franchise areas in the communities referenced above are not subject to rate regulation. Therefore, we dismiss the complaints that are still pending against Operator's CPST rates beginning May 15, 1994. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the complaints against Operator's CPST rates beginning May 15, 1994 ARE DISMISSED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau.
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- the date of refund, to its CPST subscribers within 60 days of the release of this Order. 8. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. § 1.106, that Operator's Petition for Reconsideration of Marcus Cable Associates, DA 98-422, 13 FCC Rcd 10530 (1998) IS DENIED. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and §76.962, that Operator's Refund Plan IS NOT ACCEPTED. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and §76.962, that Operator shall refund to subscribers in the franchise area referenced above the total amount of
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- IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R §1.106, that In the Matter of Post Newsweek Cable, Inc., DA 95-1071, 10 FCC Rcd 9839 (CSB 1995) and In the Matter of CableOne, Inc., DA 99-923, 14 FCC Rcd 7668 (CSB 1999) ARE MODIFIED TO THE EXTENT INDICATED HEREIN. 3. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the Consumer
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- to the extent indicated herein, and IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. § 76.962, that Operator implement its refund plan within 60 days of the release of this Order. within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the Consumer
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- days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. § 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the Consumer
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- to the extent indicated herein, and IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. § 76.962, that Operator implement its refund plan within 60 days of the release of this Order. within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the Consumer
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- days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. § 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the Consumer
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- has already paid, through subscriber credits, the full amount of the refund calculated in its refund plan. 2. Accordingly, IT IS ORDERED that Operator's refund plan IS APPROVED. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. § 76.962, that Operator's certificate of compliance IS ACCEPTED. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the Consumer
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- of $7.61, we find Operator's actual CPST rate of $7.98 to be unreasonable, effective July 15, 1994 through December 31, 1994. Upon review of Operator's FCC Form 1210, covering the period April 1, 1994 through December 31, 1994, we find Operator's actual CPST rate of $7.98 to be reasonable, effective January 1, 1995. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $7.98, charged by Operator in the community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate
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- $11.71, we find Operator's actual CPST rate of $12.76 to be unreasonable, effective July 15, 1994 through March 31, 1995. Upon review of Operator's FCC Form 1210, covering the period April 1, 1994 through March 31, 1995, we find Operator's actual CPST rate of $12.76 to be reasonable, effective April 1, 1995. 5. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $12.76, charged by Operator in the community referenced above, effective July 15, 1994 through March 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST
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- of its ability to pay a forfeiture. See PJB Communications of Virginia, Inc., 7 FCC Rcd 2088, 2089 (1992). After reviewing the financial documentation submitted by TV 45, we conclude that it is appropriate to reduce the forfeiture amount from $8,000 to $4,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, TV 45 Productions, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for failure to ensure that EAS equipment was installed and operational in willful and repeated violation of Section 11.35(a) of the Rules and failure to conduct required weekly and monthly EAS tests in willful and repeated
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Branch Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for its Ackerman, Mississippi, and Bude, Mississippi cable systems and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for its Crosby, Mississippi; Isola, Mississippi; Louise, Mississippi; New Augusta, Mississippi; New Hebron,
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Bayou Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for its Sterlington, Louisiana cable system and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for its Huttig, Arkansas; Strong, Arkansas; Marion, Louisiana and Rocky Branch, Louisiana cable systems. IT IS
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Milestone Communications, L.P. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the 17 captioned cable systems. IT IS FURTHER ORDERED that Milestone Communications, L.P. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Mattawamkeag Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for the captioned cable television system. IT IS FURTHER ORDERED that Mattawamkeag Cablevision place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Centre TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. IT IS FURTHER ORDERED that Centre TV, Inc. place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, KRM Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for its Augusta, Falls Creek, Glidden, Greenwood and Mellen, Wisconsin cable systems and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for its Butternut, Fifield, Hawkins, Prentice and Stetsonville, Wisconsin cable
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- damages must comply with the requirements set forth in section 1.722 of the Commission's rules. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208 and 276 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and 276, sections 64.1300-64.1320 of the Commission's rules, 47 C.F.R. §§ 64.1300-64.1320, and authority delegated by sections 0.111, 0.311, and 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.720-1.736, that the above-captioned complaint IS GRANTED in its entirety. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. § 208. See 47 C.F.R. §§ 64.1300-64.1320. These rules were promulgated to implement section 276 of the Act, 47 U.S.C. § 276.
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- On April 19, 2002, the Commission's Miami, Florida Resident Agent Office issued a $10,000 Notice of Apparent Liability for Forfeiture (``NAL'') to Leger for the noted violation. Leger has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''), James Leger IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for operation of radio transmitting equipment without a license in willful and repeated violation of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- any history of prior offenses, ability to pay, and such other matters as justice may require.'' After reviewing all of the circumstances, we believe a $7,000 forfeiture is appropriate in this case for the apparent broadcast of indecent material. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Emmis Radio License Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty days of
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- Commission license or authorization. We have reviewed the terms of the Consent Decree and we conclude that the public interest would be served by approving the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j) and 503(b) of the Communications Act, 47 U.S.C. §§ 154(i), 154(j) and 503(b), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree is ADOPTED. AWS shall make its voluntary contribution to the United States Treasury by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Federal Communications Commission, Forfeiture Collection Section, Finance Branch, P.O. Box 73482, Chicago, Illinois
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- require.'' The Commission's Forfeiture Policy Statement does not explicitly identify a base forfeiture amount for violations of section 73.1207(b) of the rules. However, considering all the facts and circumstances and Commission precedent, we find that a forfeiture of $1,000.00 is apparently warranted. IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80 of the rules, Concilio Mision Cristiana Fuente de Agua Viva, Inc. is HEREBY NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of one thousand dollars ($1,000.00) for willfully and repeatedly violating section 73.1207(b), which prohibits a broadcast station from rebroadcasting the program or any part thereof of another broadcast station, without obtaining the express, written
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- future instances of failing to adhere to our rulings will result in dismissal with prejudice. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208 and 276 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and 276, sections 64.1300-64.1320 of the Commission's rules, 47 C.F.R. §§ 64.1300-64.1320, and authority delegated by sections 0.111, 0.311, and 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.720-1.736, that the above-captioned complaint IS DISMISSED WITHOUT PREJUDICE and that this proceeding IS TERMINATED in its entirety. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. § 208. See 47 C.F.R. §§ 64.1300-64.1320. The Commission promulgated these rules to implement
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- future instances of failing to adhere to our rulings will result in dismissal with prejudice. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208 and 276 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and 276, sections 64.1300-64.1320 of the Commission's rules, 47 C.F.R. §§ 64.1300-64.1320, and authority delegated by sections 0.111, 0.311, and 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.720-1.736, that the above-captioned complaint IS DISMISSED WITHOUT PREJUDICE and that this proceeding IS TERMINATED in its entirety. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. § 208. See 47 C.F.R. §§ 64.1300-64.1320. The Commission promulgated these rules to implement
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- future instances of failing to adhere to our rulings will result in dismissal with prejudice. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208 and 276 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and 276, sections 64.1300-64.1320 of the Commission's rules, 47 C.F.R. §§ 64.1300-64.1320, and authority delegated by sections 0.111, 0.311, and 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.720-1.736, that the above-captioned complaint IS DISMISSED WITHOUT PREJUDICE and that this proceeding IS TERMINATED in its entirety. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. § 208. See 47 C.F.R. §§ 64.1300-64.1320. The Commission promulgated these rules to implement
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- for the VDSL system is warranted. We do not intend to grant further temporary waivers, extending beyond the current June 30, 2003 expiration date, unless it is related to an on-going proceeding in this matter. If Qwest Broadband intends to pursue a permanent waiver of Section 11.61(a)(2)(i)(B), it should do so expeditiously. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Qwest Broadband Services, Inc. IS GRANTED a waiver of Section 11.61(a)(2)(i)(B) of the Rules until June 30, 2003 for the VDSL cable television system. IT IS FURTHER ORDERED that Qwest Broadband Services, Inc. place a copy of this waiver in its system file and post a copy of this waiver a the Qwest Broadband
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- find that Operator's total overcharges for the period under review are de minimis and it would not be in the public interest to order a refund. We modify the Prior Orders accordingly. Because our resolution of this issue disposes of Operator's refund liability, we dismiss Operator's Application for Review, which has become moot. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that In the Matter of Jones Intercable, Inc., DA 95-1570, 10 FCC Rcd 8751 (CSB 1995), In the Matter of Jones Intercable, Inc., DA 95-1590, 10 FCC Rcd 8753 (CSB 1995), and In the Matter of Jones Intercable, Inc., DA 95-1591, 10 FCC Rcd 8811 (CSB 1995) ARE
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- order Operator to refund this amount, plus any additional interest accrued to the date of refund, to its CPST subscribers within 60 days of the release of this Order. 7. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R §1.106, that Operator's Petition for Reconsideration IS DENIED. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and §76.962, that Operator shall refund to subscribers in the franchise area referenced above the total amount of $16,760.65, plus any additional interest that accrues between July 31, 2002 and the date of refund, within 60 days of the release of this Order. 9. IT IS FURTHER ORDERED,
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- days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. § 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the Consumer
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- days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. § 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the Consumer
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- to the extent indicated herein, and IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. § 76.962, that Operator implement its refund plan within 60 days of the release of this Order. within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the Consumer
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- We order Operator to refund this amount, plus any additional interest accrued to the date of refund, to its CPST subscribers within 60 days of the release of this Order. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. § 1.106, that Operator's petition for reconsideration IS GRANTED. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that In the Matter of Time Warner Cable, DA 98-1839, 13 FCC Rcd 19560 (CSB 1998) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and §76.962, that Operator
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- 1, 1995, to be reasonable. 5. Our review of Operator's refund plan for Order, DA 95-2168, reveals that Operator's total overcharges for the period under review are de minimis and it would not be in the public interest to order refunds. We dismiss Operator's refund plan for Order, DA 95-2168, as moot. 6. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $11.75, charged by Operator in the community referenced above, effective May 15, 1994 through December 31, 1994, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST
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- stated above, we reject the refund plan submitted by Operator that includes inter-tier offsets. Upon review of Operator's refund plan that does not include inter-tier offsets ("Amended Refund Plan"), we find the refund plan to be acceptable provided Operator's amends the refund plan to include interest to the date of payment of refunds. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $9.46, charged by Operator in the community referenced above, effective July 15, 1994 through March 31, 1996, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate
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- days of the release of this Order. 6. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. § 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 7. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the Consumer
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- days of the release of this Order. 6. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. § 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 7. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the Consumer
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- days of the release of this Order. 6. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. § 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 7. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the Consumer
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- July 31, 2002 to the date of refund, to its CPST subscribers within 60 days of the release of this Order. 7. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. § 1.106, that Operator's Petition for Reconsideration IS GRANTED IN PART TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that In the Matter of Time Warner Communications, DA 97-1867, 12 FCC Rcd 23757 (1997), IS MODIFIED TO THE EXTENT INDICATED HEREIN. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of
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- find Operator's actual CPST rate of $13.35, effective January 1, 1996, to be reasonable. 9. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. § 1.106, that the petition for reconsideration filed by Operator is GRANTED IN PART AND DENIED IN PART TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Television, Inc., DA 95-938, 11 FCC Rcd 2573 (CSB 1995) and In the Matter of Cencom Cable Television, Inc., DA 97-1210, 12 FCC Rcd 23386 (CSB 1997) ARE MODIFIED TO THE EXTENT INDICATED HEREIN. 11. IT
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- its actual rate charged, and certify that it has provided the refunds. We modify the Prior Order accordingly. 6. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. § 1.106, that the petition for reconsideration filed by Operator is GRANTED IN PART TO THE EXTENT INDICATED HEREIN. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that In The Matter of Telescripps Cable Company, DA 96-1843, 11 FCC Rcd 14518 (CSB 1996) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate
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- July 1, 1995, does not exceed its MPR of $12.33, we find Operator's actual CPST rate of $11.58, effective July 1, 1995, to be reasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. § 1.106, that the petition for reconsideration filed by Operator IS DENIED. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the stay of In The Matter of Suburban Cable TV Co., Inc., DA 95-1226, 10 FCC Rcd 6509 (CSB 1995), granted in Petitions for Stay of Action, DA 95-1795, 10 FCC Rcd 10591 (CSB 1995), IS VACATED. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and
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- amount, to its CPST subscribers within 60 days of the release of this Order. 8. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. § 1.106, that the petition for reconsideration filed by Operator is GRANTED IN PART AND DENIED IN PART TO THE EXTENT INDICATED HEREIN. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that In The Matter of Suburban Cable TV Co., Inc., DA 95-1227, 10 FCC Rcd 6495 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the
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- within 45 days of complainant's receipt of the first bill reflecting the April 1995 CPST rate increase, because complainant did not indicate when she received the April 1995 bill. For these reasons, we dismiss the referenced complaints because we are unable to conclude that the complaints were filed in a timely manner. 4. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the complaints referenced herein against the CPST rates charged by Operator in the community referenced above ARE DISMISSED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable
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- Operator in its Petition. We modify the Prior Order to exclude any refund liability and dismiss Operator's refund plan as moot. 5. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. § 1.106, that Operator's Petition for Reconsideration IS GRANTED IN PART TO THE EXTENT INDICATED HEREIN. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that In the Matter Global Acquisition Partners, Ltd. d/b/a/ Adelphia Cable Communications, DA 97-244, 12 FCC Rcd 1503 (CSB 1997) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311
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- de minimis, and it would not be in the public interest to order refunds. Therefore, we modify the Prior Order to exclude any refund liability. 5. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. § 1.106, that the petition for reconsideration filed by Operator is GRANTED. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that In The Matter of Jones Communications of Maryland, Inc., DA 98-1558, 13 FCC Rcd 17685 (CSB 1998) IS MODIFIED TO THE EXTENT INDICATED HEREIN. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier
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- days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. § 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the Consumer
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- implement its refund plan by January 31, 2003. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. § 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 30 days of the payment of refunds certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the Consumer
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- days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. § 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the Consumer
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- increases, we find Operator's actual CPST rates to be reasonable beginning May 15, 1994. Therefore, we modify the Prior Order to exclude any refund liability. 5. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. § 1.106, that the petition for reconsideration filed by Operator is GRANTED. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that In The Matter of Suburban Cable TV Co., Inc., DA 99-878, 14 FCC Rcd 7233 (CSB 1999) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the
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- the amount of $7,200. 3. We have reviewed the Consent Decree and evaluated the circumstances underlying the investigation. We believe that the public interest would be served by adopting the Consent Decree and terminating the investigatory proceeding. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached hereto IS ADOPTED. 5. IT IS FURTHER ORDERED, That the Notice of Apparent Liability for Forfeiture, OpTel Texas Telecom, Inc., 16 FCC Rcd 8655 (EB 2001) IS HEREBY CANCELLED and the above-captioned investigatory proceeding IS TERMINATED. 6. IT IS FURTHER ORDERED, That a copy of this Memorandum Opinion and Order
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- not all CLECs in Georgia pay a rate of $4.20 and the rate was set for a previous year, not 1998. Given our decision requiring BellSouth to lower its rate to $4.27, we need not reach the issue of whether the $5.03 rate constitutes discrimination in violation of the Pole Attachment Act. 17. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.1401-1.1414, that the Complaint IS GRANTED TO THE EXTENT INDICATED HEREIN. 18. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 1.1410 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.1410, that the annual pole attachment rate of $5.03, effective April 1, 1998, IS
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Cable & Communications Corporation d.b.a. Mid-Rivers Cable Television IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for its Glendive, Montana cable system, IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for its Sidney, Montana cable system and IS GRANTED a waiver of
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Citizens Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for the captioned cable television system. IT IS FURTHER ORDERED that Citizens Cablevision place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Glenwood Telecommunications IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable systems. IT IS FURTHER ORDERED that Glenwood Telecommunications place a copy of this waiver in each of its system files. IT IS FURTHER ORDERED that a copy of this Order shall be sent
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Neu Ventures, Inc. d.b.a. Mountain Zone TV Systems IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for its Marfa, Texas cable system and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for its Presidio, Texas; Fort Davis, Texas; Balmorhea, Texas; Marathon, Texas,
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Lovell Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Lovell Cable TV, Inc. place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Oak Grove Heights Cable Company IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Oak Grove Heights Cable Company place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Panora Telecommunications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Panora Telecommunications, Inc. place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Herr Cable Company IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Herr Cable Company place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, RGA Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that RGA Cable, Inc. place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, RAE Cable IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the three captioned cable television systems. IT IS FURTHER ORDERED that RAE Cable place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Shaner Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the three captioned cable television systems. IT IS FURTHER ORDERED that Shaner Cable, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Pine Tree Cablevision Associates IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for two of the cable television systems listed in Attachment A and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for 20 of the cable television systems listed in Attachment
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- we conclude that there are no substantial and material questions of fact as to whether Qwest possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. Accordingly, IT IS ORDERED, pursuant to section 4(i), 4(j) and 503(b) of the Communications Act, 47 U.S.C. § 154(i), 154(j), 503(b) and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree is ADOPTED. IT IS FURTHER ORDERED that the Commission staff inquiry into the matter described here IS TERMINATED. Federal Communications Commission David H. Solomon Chief, Enforcement Bureau (...continued from previous page) (continued....) Federal Communications Commission DA-02-1770 Federal Communications Commission DA-02-1770
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- Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $5,000 to Mr. McCreary. Mr. McCreary has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``the Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Mr. McCreary IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for willfully violating Section 95.411 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not
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- Florida Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to WRHC. WRHC has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, (``the Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, WRHC Broadcasting Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully violating Section 11.35(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- Office, issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $2,000 to New Wave. New Wave has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, (``the Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, New Wave Broadcasting, L.P. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for willfully and repeatedly violating Section 11.61(a)(1)(v) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $7,000 to Mr. Bushman. Mr. Bushman has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, (``the Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Mr. Sam Bushman IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 73.49 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- warranted in this case. Finally, ACS argues that the $1,000 proposed forfeiture for failure to maintain records is unwarranted and should be cancelled. Based on our review of the record, we find that the $1,000 forfeiture assessed for this violation should be cancelled. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, ACS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand dollars ($11,000) for changing the location of the antenna, the overall height above ground of the antenna structure, the height of antenna radiation center above ground, and the height above mean sea level of the 15 above referenced stations, without prior authorization
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- forfeiture. See PJB Communications of Virginia, Inc., 7 FCC Rcd 2088, 2089 (1992). After reviewing the financial documentation submitted by M&R, we conclude that it is appropriate to reduce the forfeiture amount from $10,000 to $5,000. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that M&R Enterprises, Inc. is LIABLE for a FORFEITURE in the amount of five thousand dollars ($5,000) for willfully and repeatedly violating Section 73.3526 of the Commission's rules, 47 C.F.R. § 73.3526. Payment of the forfeiture shall be made in the manner provided for in Section
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- any history of prior offenses, ability to pay, and such other matters as justice may require.'' After reviewing all of the circumstances, we believe a $7,000 forfeiture is appropriate in this case for the apparent broadcast of indecent material. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Rubber City Radio Group is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty days of
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- extension will facilitate the possible settlement of these numerous claims, we are satisfied that our action today serves the public interest. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 208, section 1.3 of the Commission's rules, 47 C.F.R. § 1.3, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.011 and 0.311, that section 1.718(a) of the Commission's rules, 47 C.F.R. § 1.718(a), IS HEREBY WAIVED, with regard to the IPP EUCL informal complaints described herein and the deadline for the conversion and filing of these informal complaints into formal complaints is hereby extended to June 30, 2003. This waiver
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- Florida Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $21,000 to Fenix. Fenix has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, (``the Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Fenix Broadcasting Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $21,000 for willfully violating Sections 11.35(a), 17.51, and 73.49 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- figure is publicly reported in ARMIS. Additional issues relating to the telephone utilities' regulatory accounting reporting requirements can be addressed as they arise. For purposes of this case, however, we affirm the Bureau Order. Nevada Bell has not provided sufficient information or explanation to support its use of an internally generated report. 16. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.106 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.106, that the petition for reconsideration of Nevada State Cable Television Association v. Nevada Bell, PA 96-001, DA 98-1175, 13 FCC Rcd 16774 (CSB 1998), IS DENIED. 17. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and
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- a notice of withdrawal, with prejudice, of the referenced complaint. In its notice of withdrawal, Complainants state that the parties have agreed to settle their dispute. On the basis of the statement contained in the notice, we conclude that there are no longer issues in controversy and therefore, we terminate the proceeding. 2. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1415 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.1415, that the referenced complaint IS DISMISSED WITH PREJUDICE and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello Assistant Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving pole attachment complaints from the former Cable Services Bureau to the Enforcement Bureau.
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- a notice of withdrawal, with prejudice, of the referenced complaint. In its notice of withdrawal, Complainants state that the parties have agreed to settle their dispute. On the basis of the statement contained in the notice, we conclude that there are no longer issues in controversy and therefore, we terminate the proceeding. 2. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1415 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.1415, that the referenced complaint IS DISMISSED WITH PREJUDICE and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello Assistant Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving pole attachment complaints from the former Cable Services Bureau to the Enforcement Bureau.
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- days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. § 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the Consumer
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- days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. § 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the Consumer
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- the release of this Order. 6. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R §1.106, that Operator's petition for reconsideration IS GRANTED and In the Matter of Marcus Cable Associates, LP, DA 99-377, 14 FCC Rcd 3390 (CSB 1999) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and §76.962, that Operator shall refund to subscribers in the franchise area referenced above the total amount of $55,435.00, plus any additional interest accruing between September 30, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60
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- substantive standpoint, while we do not accept most of Minority's contentions, we do not find that the licensee has presented facts or legal arguments in a manner lacking good-faith or inconsistent with its right to advocate its views. IV. Ordering Clauses 33. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, that Minority Television Project, Inc., licensee of noncommercial educational television station KMTP-TV, San Francisco, California, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of Ten Thousand Dollars ($10,000.00) for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. § 399b, and Section
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- prejudice, of the referenced complaint ("Notice"). In the Notice, the parties state that they have reached a full settlement of all claims in the referenced complaint. On the basis of the statement contained in the Notice, we conclude that there are no longer issues in controversy and therefore, we terminate the proceeding. 2. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1415 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.1415, that the referenced complaint IS DISMISSED WITH PREJUDICE and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello Assistant Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving pole attachment complaints from the former Cable Services Bureau to the Enforcement Bureau.
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- of financial hardship. We have examined Sycamore's response to the NAL in light of the above statutory factors and the factors set forth in the Policy Statement. Taking all of these factors into account, we conclude that the proper forfeiture amount is $4,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Sycamore Valley Broadcasting, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for repeated and willful violation of the provisions of Sections 11.52(d), 11.61(a), 17.50, 73.1400 and 73.1745(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- is incorporated by reference. We have reviewed the terms of the Consent Decree and we conclude that the public interest would be served by approving the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j) and 503(b) of the Communications Act, 47 U.S.C. §§ 154(i), 154(j) and 503(b), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree is ADOPTED. Verizon shall make its voluntary contribution to the United States Treasury by mailing a check or similar instrument, or by wire transfer, payable to the order of the Federal Communications Commission, Forfeiture Collection Section, Finance Branch, P.O. Box 73482, Chicago, Illinois 60673-7482.
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- petitioner submits documentation that accurately reflects the petitioner's current financial status. Madison has not presented sufficient documentation to enable us to evaluate its current financial condition; therefore, we can not accept its claim that it is financially unable to pay the forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Madison Broadcasting Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for willfully violating Sections 17.4(g) and 17.50 of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that CTC Communications, Inc.'s Consent Motion For Extension of Time To File Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718 are hereby waived, and the date on
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- offenses, ability to pay, and such other matters as justice may require.'' After reviewing all of the circumstances, we believe a $14,000 forfeiture is appropriate in this case for the apparent broadcast of indecent material on two separate occasions. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Entercom Seattle License, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willfully and repeatedly violating 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty
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- is $2,000. In this case, we believe that no adjustment upward or downward is warranted and that the base forfeiture amount is appropriate. See 47 C.F.R. § 1.80(b)(4). IV. Ordering Clauses 8. In view of the foregoing, we conclude that a monetary sanction is appropriate. Accordingly, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Family Life Educational Foundation, licensee of noncommercial educational station KOUZ(FM), Alexandria, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of Two Thousand Dollars ($2,000.00) for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. § 399b, and Section 73.503 of the Commission's
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Howard Cable Company IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. IT IS FURTHER ORDERED that Howard Cable Company place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Sherman Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Sherman Cablevision place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Moosehead Enterprises, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the six captioned cable television systems. IT IS FURTHER ORDERED that Moosehead Enterprises, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Television Association of Republic IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Television Association of Republic place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, J. Feeney Associates, Inc. d/b/a Chain Lakes Cable IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the 10 captioned cable television systems. IT IS FURTHER ORDERED that J. Feeney Associates, Inc. d/b/a Chain Lakes Cable place a copy of this waiver in its system files.
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, S & K TV Systems, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the seven captioned cable systems. IT IS FURTHER ORDERED that S & K TV Systems, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of AT&T Corp. to Extend Time in Which to Convert Informal Complaints to Formal Complaints and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R.
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, HUF L.P., IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. IT IS FURTHER ORDERED that HUF L.P. place a copy of these waivers in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, PEC Cable IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that PEC Cable place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Powhatan Point Cable Company, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the two captioned cable television systems. IT IS FURTHER ORDERED that Powhatan Point Cable Company, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Alpine Cable Television, LLC IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the three captioned cable television systems. IT IS FURTHER ORDERED that Alpine Cable Television, LLC place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Farmers Co-Operative Telephone Company, IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Farmers Co-Operative Telephone Company place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, HLM Cable Corporation IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the five captioned cable television systems. IT IS FURTHER ORDERED that HLM Cable Corporation place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Dodge County Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Dodge County Cablevision, Inc. place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall
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- and maintenance program that resulted in a CLI of less than 64, it admits that each of the 23 signal leaks identified on April 27, 2000 exceeded the threshold limit of 20 micro-volts. We therefore find that Charter violated Section 76.605(a)(12) of the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Charter IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty thousand dollars ($20,000) for failure to comply with the Commission's signal leakage standards and failure to comply with a cease operations order in willful or repeated violation of Sections 76.605(a)(12), 76.611(a), and 76.613(c) of the Rules. Payment of the forfeiture shall be
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- days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. § 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the Consumer
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- days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. § 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the Consumer
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- days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. § 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the Consumer
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- days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. § 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the Consumer
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- days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. § 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the Consumer
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- days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. § 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the Consumer
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- days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. § 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the Consumer
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- in effect beginning May 15, 1994. 3. Our further review of the record indicates that the total overcharge per subscriber calculated in the First Order is de minimis and it would not be in the public interest to order a refund. Therefore, we modify the First Order to exclude any refund liability. 4. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the complaint referenced herein, against the CPST rates charged by Operator beginning May 15, 1994 in the community referenced above, IS DISMISSED. 5. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that In the Matter
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- Anaheim Hills was also provided by the Yorba Linda system at the time the complaint was filed. Based on the Cable Services Bureau's review of Operator's FCC Form 1220 for the Yorba Linda system, we find Operator's March 1, 1995 CPST rate increase for the community of Anaheim Hills to be reasonable. 3. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the complaint referenced herein against the March 1, 1995 CPST rate increase by Operator in the community referenced above IS DENIED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from
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- filed on November 28, 1994 against Operator's alleged October 28, 1994 CPST rate increase. However, our review of the record indicates that Operator did not raise its CPST rates until December 1994, after the complaint was filed. Therefore, we dismiss the referenced complaint because it was not filed in a timely manner. 4. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the complaint referenced herein against the CPST rate charged by Operator in the community referenced above IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable
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- has not already implemented its refund plan. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. § 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the Consumer
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- of $11.93, effective January 1, 1996, does not exceed its MPR of $12.64, we find Operator's actual CPST rate of $11.93, effective January 1, 1996, to be reasonable. 9. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. § 1.106, that Operator's petition for reconsideration IS DENIED. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the stay of DA 95-1035, granted in Petitions for Stay of Action, DA 95-1795, 10 FCC Rcd 10591 (CSB 1995), IS VACATED. 11. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of Complainants For Extension of Time In Which To Convert Informal Complaints To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R.
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- did not increase the $4,000 base amount on the grounds that the violation occurred on two separate days. Finally, Tarrant argues that we should consider its history of overall compliance with the Rules. We will do so and reduce the $4,000 forfeiture to $3,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Tarrant Radio Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for operating Station KZEE(AM) with an antenna input power at a level more than 105% of authorized power in willful and repeated violation of Section 73.1560(a)(1) of the Rules. Payment of the forfeiture shall be made
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- as of January 28, 2002, has not been completed. To the extent, if any, that Groveton seeks to rely on its efforts to correct this violation, we note that remedial action, although commendable, will not nullify a forfeiture penalty. 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Groveton Broadcasting Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for violating Section 17.4(a) of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- some reduction of the forfeiture amount is appropriate because AFA disclosed to Commission staff in February 2002 that it was operating KBKC as a satellite station without a waiver of the main studio rule. Accordingly, we reduce the forfeiture from $7,000 to $5,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, American Family Association IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for willful violation of Section 73.1125 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of Complainants For Extension of Time In Which To Convert Informal Complaints To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R.
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- Treasury in the amount of $4,800. We have reviewed the Consent Decree and evaluated the circumstances underlying the investigation. We believe that the public interest would be served by adopting the Consent Decree and terminating the investigatory proceeding. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached hereto IS ADOPTED. IT IS FURTHER ORDERED, That the Notice of Apparent Liability for Forfeiture, North County Communications Corp., 16 FCC Rcd 8650 (EB 2001) IS HEREBY CANCELLED and the above-captioned investigatory proceeding IS TERMINATED. IT IS FURTHER ORDERED, That a copy of this Memorandum Opinion and Order and Consent
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- contractors. Moreover, remedial actions taken to correct the violations, while commendable, are not mitigating factors. However, after considering Alpine's overall history of compliance with the Commission's rules, we conclude that it is appropriate to reduce the forfeiture amount from $16,000 to $12,800. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Alpine Broadcasting Ltd. and Alpine Broadcasting Ltd. Partnership are LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand eight hundred dollars ($12,800) for violating Section 11.35(a) of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- addition, if a petition for rulemaking is filed, this waiver will be automatically extended until either the effective date of any changes adopted by the Commission to the EAS rules for wireless cable systems using digital technology, or 90 days after the Commission issues a decision declining to adopt any such changes. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, W.A.T.C.H. TV IS GRANTED a limited waiver of Section 11.11(a) of the Rules as specified herein and in all other respects its application for a waiver of Section 11.11(a) of the Rules IS DENIED. IT IS FURTHER ORDERED that W.A.T.C.H. TV place a copy of this Order in its system files. IT IS FURTHER
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- connection with this factor. See id. at ļ 20. 12. Consequently, based on our review of Citadel's response in light of the applicable case law, we conclude that Citadel did not violate the statute or the Commission's indecency rule through its broadcast of the ``radio edit'' version of ``The Real Slim Shady.'' IV. ORDERING CLAUSES 13. Accordingly, pursuant to Sections 0.111(a)(7), 0.311 and 1.80(f)(3) of the Commission's rules, 47 C.F.R. §§ 0.111(a)(7), 0.311 and 1.80(f)(3), IT IS ORDERED THAT the Bureau's June 1, 2001, NAL against Citadel Broadcasting Company, licensee of Station KKMG(FM), Pueblo, Colorado, is hereby RESCINDED. 14. IT IS FURTHER ORDERED THAT a copy of this MEMORANDUM OPINION AND ORDER shall be sent by Certified Mail -- Return Receipt
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- constitutes a minor violation, we believe that a downward adjustment of the forfeiture amount is appropriate in light of Entercom's record of compliance. After considering all the facts and circumstances, we conclude that a $12,000 forfeiture is appropriate in this case. IV. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. § 503(b), and 47 C.F.R. §§ 0.111, 0.311 and 1.80, Entercom Seattle License, LLC FORFEIT to the United States the sum of twelve thousand dollars ($12,000) for willfully and repeatedly violating 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. 18. Payment of the forfeiture may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Grove Communications Inc. d/b/a Grove Cable Co. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. IT IS FURTHER ORDERED that Grove Communications Inc. d/b/a Grove Cable Co. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Cablecom of Willsboro, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable system. IT IS FURTHER ORDERED that Cablecom of Willsboro, Inc., place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Walworth County Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Walworth County Cablevision, Inc. place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Pacific Sun Cable Partners, LP IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. IT IS FURTHER ORDERED that Pacific Sun Cable Partners, LP place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2407A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2407A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2407A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Hart Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. IT IS FURTHER ORDERED that Hart Cable, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2408A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2408A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2408A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, NEPSK, Inc. d/b/a Houlton Cable TV IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for the Howland, Maine cable television system and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the Danforth, Island Falls, Medway, Monticello, Oakfield and Patten, Maine cable
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2409A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2409A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2409A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Belhaven Cable TV, Inc., IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the two captioned cable television systems. IT IS FURTHER ORDERED that Belhaven Cable TV, Inc., place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2410A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2410A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2410A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Consolidated Cable, Inc., IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the 11 captioned cable television systems. IT IS FURTHER ORDERED that Consolidated Cable, Inc., place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2411A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2411A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2411A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Satellite Cable Services, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for each of the 40 cable television systems listed in Attachment A. IT IS FURTHER ORDERED that Satellite Cable Services, Inc. place a copy of these waivers in its system files. IT IS FURTHER ORDERED that a
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2433A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2433A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2433A1.txt
- and other information submitted by High Plains, we conclude that temporary, 36-month waivers of Section 11.11(a) for the 23 systems listed in Attachment A are warranted. In particular, we find that the $193,200 and $246,100 estimated costs of EAS equipment for these small cable systems could impose financial hardship on High Plains. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, High Plains Cablevision I, Ltd. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the 23 cable television systems listed in Attachment A. IT IS FURTHER ORDERED that High Plains Cablevision I, Ltd. place a copy of these waivers in its system files. IT IS FURTHER ORDERED that a
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2434A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2434A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2434A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, James Cable Partners, L.P. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for five cable television systems listed in Attachment A and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for 33 cable television systems listed in Attachment A. IT IS FURTHER
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2435A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2435A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2435A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Great Plains Cable Television, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for its Elgin and Grant, Nebraska cable systems and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for its Arnold, Bancroft, Chapman, Hay Springs, North Bend, Ponca, Sutherland, and
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2440A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2440A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2440A1.txt
- Commission. Furthermore, we believe that it is appropriate to dismiss this complaint without prejudice because Defendant has not yet filed its answer to the complaint. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), 208, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the formal complaint of National A-1 Advertising, Inc. and 811 Direct, Inc., filed on June 10, 2002, is DISMISSED WITHOUT PREDJUDICE. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Deputy Chief Telecommunications Consumers Division Enforcement Bureau 47 U.S.C. § 208. Id. §§ 201(a), 201(b), 202(a), 214. See Formal Complaint of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2446A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2446A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2446A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Classic Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until April 1, 2004 for 11 cable television systems listed in Attachment A, IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for 65 cable television systems listed in Attachment A, and IS GRANTED a waiver
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2447A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2447A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2447A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Galaxy American Communications, L.L. C. d/b/a CableDirect IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the 316 cable television systems listed in Attachment A. IT IS FURTHER ORDERED that Galaxy American Communications, L.L. C. d/b/a CableDirect place a copy of this waiver in its systems files. IT
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2448A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2448A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2448A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Ind.Co. Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for two cable television systems in Attachment A and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for 20 cable televisions in Attachment A. IT IS FURTHER ORDERED that Ind.Co.
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2449A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2449A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2449A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Brockway Television, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. IT IS FURTHER ORDERED that Brockway Television, Inc. place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2450A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2450A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2450A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Southern Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. IT IS FURTHER ORDERED that Southern Cablevision, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2451A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2451A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2451A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, St. John Cable Company and Colfax Highline Cable Company ARE GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. IT IS FURTHER ORDERED that St. John Cable Company and Colfax Highline Cable Company place a copy of these waivers in its system files. IT
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2452A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2452A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2452A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Heartland Cable System, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the six captioned cable television systems. IT IS FURTHER ORDERED that Heartland Cable System, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2453A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2453A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2453A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, CenCom, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the seven captioned cable television systems. IT IS FURTHER ORDERED that CenCom, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2454A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2454A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2454A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, TV Cable of Rensselaer Inc., IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for the captioned cable television system. IT IS FURTHER ORDERED that TV Cable of Rensselaer Inc., place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2455A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2455A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2455A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, MidAmerican Cable Systems, LP a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the five captioned cable television systems. IT IS FURTHER ORDERED that MidAmerican Cable Systems, LP place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2456A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2456A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2456A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Telnet Communications, L.C. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the 16 captioned cable television systems. IT IS FURTHER ORDERED that Telnet Communications, L.C. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2457A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2457A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2457A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Northland Communications, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. IT IS FURTHER ORDERED that Northland Communications, Inc. place a copy of these waivers in its systems files. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2464A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2464A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2464A1.txt
- petition for reconsideration and request for stay filed by Operator ARE DISMISSED. 8. IT IS FURTHER ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. § 1.106, that In the Matter of Triax Midwest Associates, DA 96-545, 11 FCC Rcd 4778 (CSB 1996) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $14.30, charged by Operator in the community referenced above, effective July 15, 1994 December 31, 1994, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rates
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2465A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2465A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2465A1.txt
- HEREIN. 13. IT IS FURTHER ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. § 1.106, that In the Matter of TCA Cable Partners d/b/a TCA Cable TV, DA 98-2506, 13 FCC Rcd 23577 (CSB 1998) IS MODIFIED TO THE EXTENT INDICATED HEREIN and Operator's request for stay IS DISMISSED. 14. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST rate of $13.22, charged by Operator in the community referenced above, effective September 13, 1993 through May 31, 1994, IS UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the CPST
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2466A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2466A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2466A1.txt
- disposes of Operator's refund liability, we decline to address any other issues raised by Operator in its Petition. 4. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. § 1.106, that the petition for reconsideration filed by Operator is GRANTED IN PART TO THE EXTENT INDICATED HEREIN. 5 IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that In The Matter of Triax Midwest Associates, LP, DA 97-2068, 13 FCC Rcd 6017 (CSB 1998) IS MODIFIED TO THE EXTENT INDICATED HEREIN. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate
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- amount, to its CPST subscribers within 60 days of the release of this Order. 8. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. § 1.106, that the petition for reconsideration filed by Operator is GRANTED IN PART AND DENIED IN PART TO THE EXTENT INDICATED HEREIN. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Income Partners II, LP, DA 95-1008, 10 FCC Rcd 8166 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. § 76.961,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2473A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2473A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2473A1.txt
- other grounds, Concilio has not explained why a reduction of the forfeiture based on Concilio's non-profit status by itself would be appropriate. In this regard, we note that Concilio has provided no information suggesting that its financial situation would make payment difficult. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Concilio Mision Cristiana Fuente de Agua Viva IS LIABLE FOR A MONETARY FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willfully and repeatedly violating Section 17.4(g) of the Rules and willfully violating Sections 17.51and 17.57 of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2474A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2474A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2474A1.txt
- of the above statutory factors and the factors set forth in the Policy Statement. Taking all of these factors into account, we conclude that neither cancellation nor reduction of the proposed forfeiture is warranted and that the proper forfeiture amount is $7,000. IV. Ordering Clauses 14. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Lightning IS LIABLE FOR A MONETARY FORFEITURE in the amount of $ 7,000 for repeated and willful violation of the Section 302(b) the Act and Section 2.803(a)(1) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. § 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau The term "Operator" includes Operator's predecessors and successors in interest. In the Matter of Comcast Cablevision of the South, DA 02-1703 (EB, released July 17, 2002). The Refund Order required Operator to determine the overcharges to cable programming service
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- days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. § 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau The term "Operator" includes Operator's predecessors and successors in interest. In the Matter of Marcus Cable Associates, LP, DA 02-1697 (EB, released July 17, 2002). The Refund Order required Operator to determine the overcharges to cable programming service tier
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Myvocom, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. IT IS FURTHER ORDERED that Myvocom, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be sent by
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2490A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2490A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2490A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, North Bonneville Community Cable System IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that North Bonneville Community Cable System place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2491A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2491A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2491A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Northland Cable Networks LLC IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. IT IS FURTHER ORDERED that Northland Cable Networks LLC place a copy of this waiver in its systems files. IT IS FURTHER ORDERED that a copy of this Order
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2492A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2492A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2492A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Tele-Services, Ltd. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the each of the 17 captioned cable television systems. IT IS FURTHER ORDERED that Tele-Services, Ltd. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2493A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2493A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2493A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Americable International Arizona, Inc. and Americable International, Colorado, Inc. ARE GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for their respective captioned cable television systems. IT IS FURTHER ORDERED that Americable International, Arizona, Inc. and Americable International, Colorado, Inc. place a copy of this waiver in its system files.
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Beck's Cable Systems, IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. IT IS FURTHER ORDERED that Beck's Cable Systems, place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2495A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2495A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2495A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Philip R. DeSano and Thomas Corcoran d/b/a SkiSat IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. IT IS FURTHER ORDERED that Philip R. DeSano and Thomas Corcoran d/b/a SkiSat place a copy of this waiver in its system file. IT IS FURTHER
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2496A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2496A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2496A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Millennium Digital Media Systems, L.L.C. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for six of the cable television systems in Attachment A and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for 26 of the cable television systems listed in Attachment
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2497A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2497A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2497A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Hyde County Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. IT IS FURTHER ORDERED that Hyde County Cablevision, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2498A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2498A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2498A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Three Forks Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Three Forks Cable TV, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2499A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2499A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2499A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Buford Communications I, L.P. d/b/a Alliance Communications Network, IS GRANTED a waiver of Section 11.11(a) of the Rules until April 1, 2003 for the cable television system in Greenbrier, Arkansas and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the cable television systems in Greersferry, Arkansas; Perryville,
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- the public interest by eliminating the expenditure of further time and resources of the Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208 and 276 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and 276, sections 64.1300-64.1320 of the Commission's rules, 47 C.F.R. §§ 64.1300-64.1320, and authority delegated by sections 0.111, 0.311, and 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.720-1.736, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. § 208. See 47 C.F.R. §§ 64.1300-64.1320. These rules were promulgated to implement section 276 of the Act, 47 U.S.C.
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Waiver of Commission Rule 1.718(a) IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services, Inc., et al.
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion IS GRANTED. IT IS FURTHER ORDERED that the Petition for Temporary Stay IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Petition for Temporary Stay, File No. PA 00-007 (filed
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of Complainants For Extension of Time In Which To Convert Informal Complaints To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R.
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- extension will facilitate the possible settlement of these numerous claims, we are satisfied that our action today serves the public interest. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 208, section 1.3 of the Commission's rules, 47 C.F.R. § 1.3, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.011 and 0.311, that section 1.718(a) of the Commission's rules, 47 C.F.R. § 1.718(a), IS HEREBY WAIVED, with regard to the IPP EUCL informal complaints described herein and the deadline for the conversion and filing of these informal complaints into formal complaints is hereby extended to September 9, 2002. This waiver
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Northern Communications, Inc., d/b/a Deer River Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for the captioned cable television system. IT IS FURTHER ORDERED that Northern Communications, Inc., d/b/a Deer River Cablevision place a copy of this waiver in its system files. IT IS FURTHER ORDERED that
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2605A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2605A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2605A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, County Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television systems. IT IS FURTHER ORDERED that County Cable, Inc., place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2606A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2606A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2606A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Papago Oasis, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Papago Oasis, Inc., place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2607A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2607A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2607A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Eagle West, LLC. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for thirty-three cable television systems listed in Attachment A. IT IS FURTHER ORDERED that Eagle West, LLC. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2608A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2608A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2608A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Upper Peninsula Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the cable television system in Mellen, Michigan and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for the cable television systems in Camey, Michigan; Naubinway, Michigan, and Portage Township,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2609A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2609A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2609A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Karban TV Systems, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the four above-captioned cable television systems. IT IS FURTHER ORDERED that Karban TV Systems, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2610A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2610A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2610A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Northland Cable Properties, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the six captioned cable systems. IT IS FURTHER ORDERED that Northland Cable Properties, Inc., place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2611A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2611A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2611A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Pine Rural TV Cable Company IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Pine Rural TV Cable Company place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2665A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2665A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2665A1.txt
- the financial documentation provided by Faith Bible, we conclude that payment of the proposed $8,000 forfeiture would impose a financial hardship on Faith Bible. Therefore, we will cancel the proposed forfeiture. Nevertheless, we find that it is appropriate to admonish Faith Bible for its willful violation of Section 11.35(a). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the forfeiture in the amount of eight thousand dollars ($8,000) proposed in the June 4, 2002 NAL issued to Faith Bible College, Inc. IS CANCELLED. IT IS FURTHER ORDERED that Faith Bible IS ADMONISHED for failure to maintain operational EAS equipment at Station WTGF in willful violation of Section 11.35(a) of the Rules. IT
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- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the joint motion to dismiss the above-captioned petition with prejudice IS GRANTED. 5. IT IS FURTHER ORDERED that the above-captioned petition IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission
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- this matter, we conclude that there are no substantial and material questions of fact as to whether Yestel possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. Accordingly, IT IS ORDERED, pursuant to sections 4(i) and 503(b) of the Communications Act, 47 U.S.C. §§ 154(i), 503(b), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned case as well as the Commission staff inquiry into the matter described herein ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau CONSENT DECREE The Enforcement Bureau of the Federal Communications Commission (``FCC''
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- transmission of indecent/obscene materials. After considering all the facts and circumstances, we conclude that the base forfeiture amount is the appropriate sanction for each of the two violations described above and that neither an upward nor downward adjustment should be made. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. § 503(b), and 47 C.F.R. §§ 0.111, 0.311 and 1.80, Emmis FM License Corp. of Chicago FORFEIT to the United States the sum of fourteen thousand dollars ($14,000) for willfully and repeatedly violating 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. 16. Payment of the forfeiture may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-272A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-272A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-272A1.txt
- $4,000 for recording a telephone conversation for broadcast without informing the other party of its intention to do so. After considering all the facts and circumstances, we find no reason for reducing that amount. We find that a $4,000 proposed forfeiture is appropriate. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the rules, Entercom is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,000 for willfully violating Section 73.1206 of the rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the rules, within thirty days of this NOTICE OF APPARENT LIABILITY, Entercom SHALL PAY the full amount of the proposed
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2737A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2737A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2737A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Central Valley Cable TV IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 and October 1, 2005 for the above-captioned cable televisions systems. IT IS FURTHER ORDERED that Central Valley Cable TV place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2738A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2738A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2738A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, TV Cable of Winamac, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. IT IS FURTHER ORDERED that TV Cable of Winamac, Inc. place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2739A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2739A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2739A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, St. Peter Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that St. Peter Cablevision, Inc. place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2740A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2740A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2740A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, NewPath Communications, L.C. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the 14 captioned cable television systems. IT IS FURTHER ORDERED that NewPath Communications, L.C. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2741A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2741A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2741A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Post Cablevision of Nebraska, LP IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. IT IS FURTHER ORDERED that Post Cablevision of Nebraska, LP place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2742A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2742A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2742A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Illinet Communications of Central Illinois, L.L.C. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. IT IS FURTHER ORDERED that Illinet Communications of Central Illinois, L.L.C. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2743A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2743A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2743A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, TelePartners, L.L.C. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for two cable television systems in Attachment A and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for 42 cable television systems in Attachment A. IT IS FURTHER ORDERED that TelePartners, L.L.C.
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2744A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2744A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2744A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Youngsville Television Corporation IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. IT IS FURTHER ORDERED that Youngsville Television Corporation place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2745A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2745A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2745A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, TV Northeast Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that TV Northeast, Inc. place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2746A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2746A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2746A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Radcliffe Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Radcliffe Cablevision, Inc. place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2747A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2747A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2747A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Whitehall Cable TV IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Whitehall Cable TV place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2748A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2748A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2748A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, St. Paul Cooperative Telephone Association, d/b/a St. Paul Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable system. IT IS FURTHER ORDERED that St. Paul Cooperative Telephone Association, d/b/a/ St. Paul Cablevision place a copy of this waiver in its system file. IT IS
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2749A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2749A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2749A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Vista III Media, LLC IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the five captioned cable television systems. IT IS FURTHER ORDERED that Vista III Media, LLC place a copy of this waiver in its systems files. IT IS FURTHER ORDERED that a copy of this Order
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2750A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2750A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2750A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Northland Cable Properties Seven Limited Partnership IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. IT IS FURTHER ORDERED that Northland Cable Properties Seven Limited Partnership place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2758A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2758A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2758A1.txt
- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Fourth Consent Motion of Complainants For Extension of Time In Which To Convert Informal Complaints To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2764A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2764A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2764A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Oldtown Community Systems, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the above-captioned cable television system. IT IS FURTHER ORDERED that Oldtown Community Systems, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2765A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2765A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2765A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Waterville Cable TV IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the above-captioned cable television system. IT IS FURTHER ORDERED that Waterville Cable TV place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2766A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2766A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2766A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Princetown Cable Company, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the above-captioned cable television system. IT IS FURTHER ORDERED that Princetown Cable Company, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2767A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2767A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2767A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, M-Tek Systems, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the seven captioned cable television systems. IT IS FURTHER ORDERED that M-Tek Systems, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2768A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2768A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2768A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, DuBois Communications, Inc. d/b/a DuCom Cable TV IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the seven captioned cable television systems. IT IS FURTHER ORDERED that DuBois Communications, Inc., d/b/a DuCom Cable TV, place a copy of this waiver in its system files. IT IS FURTHER ORDERED
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2769A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2769A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2769A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Comstar Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the seven captioned cable television systems. IT IS FURTHER ORDERED that Comstar Cable TV, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2770A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2770A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2770A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Sky Cablevision, LLC IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the above-captioned cable television system. IT IS FURTHER ORDERED that Sky Cablevision, LLC place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2772A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2772A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2772A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Carolina Country Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the above-captioned system. IT IS FURTHER ORDERED that Carolina Country Cable, Inc., place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2773A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2773A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2773A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Cass Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the four captioned television systems. IT IS FURTHER ORDERED that Cass Cable TV, Inc., place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2774A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2774A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2774A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Rio Cablevision, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the above-captioned systems. IT IS FURTHER ORDERED that Rio Cablevision, Inc., place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2775A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2775A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2775A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, City of Taconite, Minnesota IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the above-captioned system. IT IS FURTHER ORDERED that City of Taconite, Minnesota, place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2776A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2776A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2776A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Hubbard Co-op Cable IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the above-captioned system. IT IS FURTHER ORDERED that Hubbard Co-op Cable, place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2777A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2777A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2777A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Golden West Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the above-captioned cable television system. IT IS FURTHER ORDERED that Golden West Cablevision, Inc., place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2778A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2778A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2778A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Evertek, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2003 for each of the four captioned television systems. IT IS FURTHER ORDERED that Evertek, Inc., place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be sent by
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2779A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2779A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2779A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Community Antenna Service, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for the above-captioned system. IT IS FURTHER ORDERED that Community Antenna Service, Inc., place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2780A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2780A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2780A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Ridgeway Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the above-captioned cable television system. IT IS FURTHER ORDERED that Ridgeway Cablevision place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2781A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2781A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2781A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Riviera Cable TV IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the two captioned cable television systems. IT IS FURTHER ORDERED that Riviera Cable TV place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2793A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2793A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2793A1.txt
- in conjunction with the Policy Statement as well. As a result of our review, we conclude that Mr. Muņoz willfully and repeatedly violated Section 301 of the Act and that he has provided no basis for rescission or reduction of the $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Richard Muņoz IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2799A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2799A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2799A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Midwest Communication and Construction Company, Inc. d/b/a Midwest Cable, IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Midwest Communication and Construction Company, Inc. d/b/a Midwest Cable, place a copy of this waiver in its system file. IT
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2800A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2800A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2800A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Midwest Viking Electronics, Inc. d/b/a Polar Cablevision, IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television systems. IT IS FURTHER ORDERED that Viking Electronics, Inc. d/b/a Polar Cablevision, place a copy of this waiver in its systems files. IT IS FURTHER ORDERED that a
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2801A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2801A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2801A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Western Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules for the captioned cable television system. IT IS FURTHER ORDERED that Western Cablevision, Inc., place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail Return
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2802A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2802A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2802A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Community Cable Corp. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. IT IS FURTHER ORDERED that Community Cable Corp., place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2803A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2803A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2803A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Pathway Com-Tel, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Pathway Com-Tel, Inc., place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2804A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2804A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2804A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Sky Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Sky Cablevision, Inc., place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2805A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2805A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2805A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Treasure Lake Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the above-captioned cable television system. IT IS FURTHER ORDERED that Treasure Lake Communications, Inc., place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2806A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2806A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2806A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Madison Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. IT IS FURTHER ORDERED that Madison Communications Inc., place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2807A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2807A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2807A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Plaquemines Cablevision, Inc. d/b/a Cable Management Associates IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. IT IS FURTHER ORDERED that Plaquemines Cablevision, Inc. d/b/a Cable Management Associates place a copy of this waiver in its system files. IT IS FURTHER ORDERED
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2808A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2808A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2808A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Cable Video Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. IT IS FURTHER ORDERED that Cable Video Communications, Inc., place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2809A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2809A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2809A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Clark Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Clark Cablevision, Inc., place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2810A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2810A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2810A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Bradley Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the nine captioned cable television systems. IT IS FURTHER ORDERED that Bradley Communications, Inc., place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2811A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2811A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2811A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Bonduel Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Bonduel Cable TV, Inc., place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2824A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2824A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2824A1.txt
- District Director of the Commission's Denver, Colorado Field Office (``Denver Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000. Mount Rushmore has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Mount Rushmore IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2825A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2825A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2825A1.txt
- Field Office (``Denver Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $3,000. Mount Rushmore has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, (``the Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Mount Rushmore IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully violating Sections 73.1350 and 73.1400 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2863A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2863A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2863A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Northern Colorado Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Northern Colorado Communications, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2864A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2864A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2864A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Northland Cable Television, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the 15 captioned cable television systems listed in Attachment A. IT IS FURTHER ORDERED that Northland Cable Television, Inc., place a copy of this waiver in its systems files. IT IS FURTHER ORDERED that a copy
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2865A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2865A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2865A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Northland Cable Ventures LLC IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the three captioned cable systems. IT IS FURTHER ORDERED that Northland Cable Ventures LLC place a copy of this waiver in its systems files. IT IS FURTHER ORDERED that a copy of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2866A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2866A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2866A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Tel-Star Cablevision, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the six captioned cable television systems. IT IS FURTHER ORDERED that Tel-Star Cablevision, Inc., place a copy of this waiver in its systems files. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2867A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2867A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2867A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Sky Cablevision, Ltd. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the five captioned cable television systems. IT IS FURTHER ORDERED that Sky Cablevision, Ltd., place a copy of this waiver in its systems files. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2868A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2868A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2868A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Reynolds Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Reynolds Cable TV, Inc. place a copy of this waiver in its system file IT IS FURTHER ORDERED that a copy of this Order shall
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2869A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2869A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2869A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, West Texas Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. IT IS FURTHER ORDERED that West Texas Cablevision, Inc. place a copy of these waivers in its systems files. IT IS FURTHER ORDERED that a copy of this Order
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2870A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2870A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2870A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Southwest Cablevision, Inc. d/b/a Cable Management Associates IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. IT IS FURTHER ORDERED that Southwest Cablevision, Inc. d/b/a Cable Management Associates place a copy of these waivers in its systems files. IT IS FURTHER ORDERED
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2871A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2871A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2871A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Claiborne Cable TV, Inc. d/b/a Cable Management Associates IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED Claiborne Cable TV, Inc. d/b/a Cable Management Associates that place a copy of this waiver in its system file. IT IS FURTHER
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2872A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2872A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2872A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Hoverson Cable TV IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. IT IS FURTHER ORDERED that Hoverson Cable TV place a copy of this waiver in its systems files. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2873A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2873A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2873A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, D.E.B. Cabletech, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. IT IS FURTHER ORDERED that D.E.B. Cabletech, Inc., place a copy of this waiver in its systems files. IT IS FURTHER ORDERED that a copy of this Order shall be
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2874A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2874A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2874A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Northern Lakes Cable TV IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the nine captioned cable television systems. IT IS FURTHER ORDERED that Northern Lakes Cable TV place a copy of this waiver in its systems files. IT IS FURTHER ORDERED that a copy of this Order shall
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2876A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2876A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2876A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Central Texas Communications, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the Lohn, Texas and San Saba, Texas systems. IT IS FURTHER ORDERED that Central Texas Communications, Inc., place a copy of these waivers in its systems files. IT IS FURTHER ORDERED that a copy of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2877A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2877A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2877A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Simpson County Cable T.V., Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the above-captioned cable television system. IT IS FURTHER ORDERED that Simpson County Cable T.V., Inc., place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2878A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2878A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2878A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Western Shore Cable IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. IT IS FURTHER ORDERED that Western Shore Cable, place a copy of these waivers in its systems files. IT IS FURTHER ORDERED that a copy of this Order shall be
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2879A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2879A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2879A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Gilmer Cable Television Company IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the above-captioned cable television system. IT IS FURTHER ORDERED that Gilmer Cable Television Company place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2880A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2880A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2880A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Lamberton Cable TV and Walnut Grove Cable TV ARE GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. IT IS FURTHER ORDERED that Lamberton Cable TV and Walnut Grove Cable TV, place a copy of this waiver in its system files. IT IS FURTHER
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2881A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2881A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2881A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, New Century Communications, Co. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the 33 cable systems listed in Attachment A. IT IS FURTHER ORDERED that New Century Communications, Co., place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2882A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2882A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2882A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Glass Antenna Systems, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. IT IS FURTHER ORDERED that Glass Antenna Systems, Inc., place a copy of these waivers in its systems files. IT IS FURTHER ORDERED that a copy of this Order shall
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2883A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2883A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2883A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, City of Norway, Michigan IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. IT IS FURTHER ORDERED that City of Norway, Michigan place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2884A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2884A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2884A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Craig Cable Television, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the above-captioned cable television system. IT IS FURTHER ORDERED that Craig Cable Television, Inc. place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2885A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2885A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2885A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Savage Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until April 1, 2003 for the cable television systems in Isle, Minnesota and Sandstone, Minnesota and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the cable television systems in Damum, Minnesota; Floodwood, Minnesota; Greenway,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-288A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-288A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-288A1.txt
- resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the unopposed motion to dismiss the above-captioned complaint without prejudice IS GRANTED. 5. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITHOUT PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Cable & Wireless
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2892A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2892A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2892A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Colane Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the cable television system in Omar, West Virginia and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the cable television systems in Delbarton, West Virginia; Beechcreek, West Virginia;
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2893A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2893A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2893A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Caspian Community TV Corporation IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Caspian Community TV Corporation, place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2894A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2894A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2894A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Country Cable LLC IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. IT IS FURTHER ORDERED that Country Cable LLC place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2895A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2895A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2895A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Sullivan Communications, Inc. d/b/a Pine Forest Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Sullivan Communications, Inc. d/b/a Pine Forest Cablevision, place a copy of this waiver in its system files. IT IS FURTHER ORDERED that
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2896A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2896A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2896A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Community Cable Corporation of PA IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Community Cable Corporation of PA, place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2897A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2897A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2897A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Socorro Satellite Systems IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Socorro Satellite Systems, place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2899A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2899A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2899A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Communications 1 Cablevision, Inc. d/b/a Norway Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. IT IS FURTHER ORDERED that Communications 1 Cablevision, Inc. d/b/a Norway Cablevision, Inc. place a copy of this waiver in its system file. IT IS FURTHER
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2900A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2900A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2900A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Midcontinent Communications IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for two cable television systems in Attachment A and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for 10 cable television systems in Attachment A. IT IS FURTHER ORDERED that Midcontinent Communications
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2901A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2901A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2901A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Prairieburg Telephone Company, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Prairieburg Telephone Company, Inc. place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2902A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2902A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2902A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, County Line Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that County Line Cablevision, Inc. place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2903A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2903A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2903A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Community Cablevision Co. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for one cable television system in Attachment A and IS GRANTED a waivers of Section 11.11(a) of the Rules until October 1, 2005 for 11 cable televisions systems in Attachment A. IT IS FURTHER ORDERED the Community
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2904A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2904A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2904A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Jordan-Soldier Valley Telephone Company IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2003 for three captioned cable television systems and IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for two captioned cable televisions systems. IT IS FURTHER ORDERED that Jordan-Soldier Valley Telephone Company place a
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, CableAmerica Corporation IS GRANTED a waivers of Section 11.11(a) of the Rules until October 1, 2003 for the Coolidge, Arizona and Maryland Heights, Missouri cable television systems and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the Gilda Bend, Arizona, Eagle Harbor, Michigan, Doolittle and Richland, Missouri
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Northland Cable Properties Eight Limited Partnership IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. IT IS FURTHER ORDERED that Northland Cable Properties Eight Limited Partnership place a copy of these waivers in its systems files. IT IS FURTHER ORDERED that a copy
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2907A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2907A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2907A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, E. D. & D, Inc. d/b/a Haines Cable Tv and Skagway Cable Tv ARE GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. IT IS FURTHER ORDERED that E. D. & D, Inc. d/b/a Haines Cable Tv and Skagway Cable Tv place a copy
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2908A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2908A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2908A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Com-Link, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. IT IS FURTHER ORDERED that Com-Link, Inc. place a copy of these waivers in its systems files. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2909A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2909A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2909A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Kennedy Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for the Reidsville, Georgia cable television system and IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the Cobbtown and Georgia State Prison, Georgia cable television systems. IT IS FURTHER ORDERED that
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2910A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2910A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2910A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Dumont Telephone Company IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. IT IS FURTHER ORDERED that Dumont Telephone Company place a copy of these waivers in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2911A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2911A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2911A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Basil O. Ellis d/b/a Bocco Cable IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. IT IS FURTHER ORDERED that Basil O. Ellis d/b/a Bocco Cable place a copy of these waivers in its systems files. IT IS FURTHER ORDERED that a copy
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2912A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2912A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2912A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Roome Telecommunications, Inc. d/b/a RTI Cable Television IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Roome Telecommunications, Inc. d/b/a RTI Television place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a
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- the Enforcement Bureau's Chicago District Office issued a $17,000 Notice of Apparent Liability for Forfeiture (``NAL'') to Cornbelt Broadcasting for the noted violations. Cornbelt Broadcasting has not filed a response. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Cornbelt Broadcasting Co. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully and repeatedly violating Sections 11.35(a), 17.4(g), and 73.49 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- franchise fees, if any, and interest on the franchise fee principal amount, to its CPST subscribers within 60 days of the release of this Order. 6. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. § 1.106, that the petition for reconsideration filed by Operator is DENIED. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and §76.962, that Operator shall refund to subscribers in the franchise area referenced above the total amount of $773,350.00, plus any additional interest accruing between November 30, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60
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- days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. § 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau The term "Operator" includes Operator's predecessors and successors in interest. In the Matter of Suburban Cable TV Co., Inc., DA 02-1704 (EB, released July 17, 2002). The Refund Order required Operator to determine the overcharges to cable programming service
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- days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. § 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau The term "Operator" includes Operator's predecessors and successors in interest. In the Matter of Battlefield Cable TV Company, DA 02-2165 (EB, released September 6, 2002). The Refund Order required Operator to determine the overcharges to cable programming service tier
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- pay the full forfeiture amount; indeed, such a claim would require supporting finnacial information, which VelociTel did not provide. 9. We find, however, upon review of the facts regarding the violations, that a reduction of the forfeiture amount to $10,000 is warranted. IV. Ordering Clauses 10. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, VelociTel IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willful violation of the provisions of 17.51(b) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. § 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau The term "Operator" includes Operator's predecessors and successors in interest. In the Matter of Marcus Cable Associates,LP, DA 02-1388 (EB, released June 17, 2002). The Refund Order required Operator to determine the overcharges to cable programming service tier ("CPST")
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- refund, plus franchise fees, if any, and interest on the franchise fees. We modify the Prior Order accordingly. 5. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. § 1.106, that the petition for reconsideration filed by Operator is GRANTED IN PART TO THE EXTENT INDICATED HEREIN. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that In The Matter of Century Communications Corporation, DA 02-408, 17 FCC Rcd 3483 (CSB 2002) IS MODIFIED TO THE EXTENT INDICATED HEREIN. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints
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- we conclude that there are no longer issues in controversy and therefore, we accept the withdrawal of the pleadings, dismiss the Complaint with respect to unresolved post-1998 rate calculations and terminate the proceeding with prejudice. We also grant BellSouth's unopposed request for a short extension of the time for payment of refunds. 4. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1415 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.1415, that the referenced complaint IS DISMISSED WITH PREJUDICE TO THE EXTENT INDICATED HEREIN and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello Assistant Chief, Enforcement Bureau Section 224 of the Communications Act of 1934, as amended, 47 U.S.C. §224. 47 C.F.R. §§1.1401-1.1418. (...continued from
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- a joint notice of settlement and request for dismissal of the Petition and termination of the proceedings. On the basis of the statement contained in the notice, we conclude that there are no longer issues in controversy and therefore, we vacate the stay, dismiss the Petition with prejudice and terminate this proceeding. 2. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311, 1.1403 (d) and 1.1415 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.1403 (d) and 1.1415, that the referenced stay IS VACATED, the referenced petition IS DISMISSED WITH PREJUDICE and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello Assistant Chief, Enforcement Bureau 47 U.S.C. § 224. 47 C.F.R. § 1.1403. City of Dublin, Georgia v. Georgia
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- a joint notice of settlement and request for dismissal of the Petition and termination of the proceedings. On the basis of the statement contained in the notice, we conclude that there are no longer issues in controversy and therefore, we vacate the stay, dismiss the Petition with prejudice and terminate this proceeding. 2. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311, 1.1403 (d) and 1.1415 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.1403 (d) and 1.1415, that the referenced stay IS VACATED, the referenced petition IS DISMISSED WITH PREJUDICE and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello Assistant Chief, Enforcement Bureau 47 U.S.C. § 224. 47 C.F.R. § 1.1403. City of Sandersville, Georgia v. Georgia
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- set a base forfeiture amount of $7,000 for transmission of indecent/obscene materials. After considering all the facts and circumstances, we conclude that the base forfeiture amount is the appropriate sanction for each of the occasions on which WKQX(FM) broadcast indecent material. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. § 503(b), and 47 C.F.R. §§ 0.111, 0.311 and 1.80, Emmis Radio License Corporation FORFEIT to the United States the sum of twenty-one thousand dollars ($21,000) for willfully and repeatedly violating 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. 14. Payment of the forfeiture may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture
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- the conversion of informal complaints into formal complaints, this period was previously waived for this group of complainants. By separate order issued on February 5, 2002, the Enforcement Bureau has extended that filing period to September 9, 2002. . This Notice is issued pursuant to section 4(i) and 4(j) of the Act, 47 U.S.C. § 154(i) and 154(j), and rules 0.111, 0.311, 47 C.F.R. §§ 0.111, 0.311. By Suzanne Tetreault, Associate Chief, Enforcement Bureau. -FCC- 47 C.F.R. § 1.718. See Enforcement Bureau Staff to Convene Meeting to Discuss Procedures for Resolving End User Common Line Informal Complaints, Public Notice, 16 FCC Rcd 9373 (MDRD 2001); Summary of Enforcement Bureau's Multi-Party Initial Meeting Regarding Procedures for Resolving End User Common Line Informal
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Community Communications Company and Affiliates IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for one cable television system in Warrenton, Arkansas and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for 25 cable television systems in the states of Arkansas, Louisiana and
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2958A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2958A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2958A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Miller Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Miller Cablevision, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2959A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2959A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2959A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, North State Cablevision Company IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that North State Cablevision Company place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2960A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2960A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2960A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, N. W. Communications IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the four captioned cable television systems. IT IS FURTHER ORDERED that N. W. Communications place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2961A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2961A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2961A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Houlton Telo-Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the four captioned cable television systems. IT IS FURTHER ORDERED that Houlton Telo-Cable, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2962A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2962A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2962A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Family View Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Family View Cablevision place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be sent
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Go Cable Services of America, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the two captioned cable television systems. IT IS FURTHER ORDERED that Go Cable Services of America, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Hydaburg Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Hydaburg Cable TV, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Goldston CATV IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Goldston CATV place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Boycom Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for its Butler, Missouri cable system and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for its Wappapello, Missouri cable system. IT IS FURTHER ORDERED that Boycom Cablevision, Inc. place a
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Shell Knob Cable TV Co. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Shell Knob Cable TV Co. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Cable Tech Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Cable Tech Cable TV, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Fifth Consent Motion of Complainants For Extension of Time In Which To Convert Informal Complaints To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47
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- in a subsequent proceeding brought under section 1.722 of the Commission's rules. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 201(b), 208, and 332 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 201(b), 208, 332, section 51.703 of the Commission's rules, 47 C.F.R. § 51.703, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the above-referenced complaint filed by Metrocall IS GRANTED IN PART to the extent specified herein, and in all other respects is DENIED, as of the Release Date of this Order. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as
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- litigation and the expenditure of additional time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 208, and 405 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 208, and 405, and section 1.106 of the Commission's rules, 47 C.F.R. § 1.106, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the joint motion to dismiss the above-captioned Petition with prejudice IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), 208 and 405 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 208, and 405, and section 1.106 of the Commission's rules, 47
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- with the Policy Statement as well. As a result of our review, we conclude that Oberlin willfully and repeatedly violated Section 11.35(a) of the Rules, but we reduce the forfeiture amount from $8,000 to $1,000 based on its inability to pay the forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Oberlin College Student Network, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willful and repeated violation of Section 11.35(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- As a result of our review, we conclude that Mitchell willfully and repeatedly violated Section 17.4(a) of the Rules and willfully violated Section 73.49 of the Rules, and we find no basis for canceling or reducing the $13,000 forfeiture proposed for these violations. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Mitchell Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen thousand dollars ($13,000) for willful and repeated violation of Section 17.4(a) of the Rules and willful violation of Section 73.49 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
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- days of the release of this Order. 3. IT IS FURTHER ORDERED pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. § 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau The term "Operator" includes Operator's predecessors and successors in interest. In the Matter of Chattanooga Cable TV Company, DA 02-2464 (EB, released October 1, 2002). The Refund Order required Operator to determine the overcharges to cable programming services tier
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- facts of this case, we conclude that neither cancellation nor further reduction of the forfeiture is warranted. Accordingly, we find California Speedway is liable in the amount of $8,000 for unlicensed operation of a radio station in violation of Section 301 of the Act. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, California Speedway IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for unlicensed operation of a radio station in willful violation of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided in Section 1.80 of the Rules within 30 days of the
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- financial documentation provided by Faith Mountain, we conclude that payment of the proposed $8,000 forfeiture would impose a financial hardship on Faith Mountain. Therefore, we will cancel the proposed forfeiture. Nevertheless, we find that it is appropriate to admonish Faith Mountain for its willful violation of Section 11.52(a). IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the forfeiture in the amount of eight thousand dollars ($8,000) proposed in the June 19, 2002 NAL issued to Faith Mountain Communications, Inc. IS CANCELLED. 9. IT IS FURTHER OREDERED that Faith Mountain IS ADMONISHED for failure to install EAS equipment at Station WRRL(AM) in willful violation of Section 11.52(a) of the Rules. IT
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- forfeiture amount on this basis. Finally, Beacon states that it is attempting to comply with the FCC's rules. However, Beacon's remedial efforts to correct the violation, while commendable, are not a mitigating factor. See Station KGVL, Inc., 42 FCC 2d 258, 259 (1973). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Beacon Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fifteen thousand dollars ($15,000) for failure to failure to post the Antenna Structure Registration numbers on the WGRP(AM) antenna structures, failure to notify the Federal Aviation Administration that the obstruction lighting was improperly functioning, and failure to repaint the WGRP(AM) antenna
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- factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Bestov willfully violated Section 17.51of the Rules, and we find no basis to rescind or reduce the $10,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Bestov Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 17.51 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Sixth Consent Motion of Complainants For Extension of Time In Which To Convert Informal Complaints To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47
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- as justice may require. We believe that the seriousness of the safety violation warrants the proposed $10,000 forfeiture amount. Accordingly, applying the Forfeiture Policy Statement and statutory factors to the instant case, we conclude that Americom is apparently liable for a $10,000 forfeiture. IV. Ordering Clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Americom Las Vegas Limited Partnership, IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 1.1310 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
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- further time and resources of the parties and of the Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208 and 276 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and 276, sections 1.720-1.736 and 64.1300-64.1320 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, 64.1300-64.1320, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. § 208. See 47 C.F.R. §§ 64.1300-64.1320. These rules were promulgated to implement section 276 of the
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- further time and resources of the parties and of the Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208 and 276 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and 276, sections 1.720-1.736 and 64.1300-64.1320 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, 64.1300-64.1320, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. § 208. See 47 C.F.R. §§ 64.1300-64.1320. These rules were promulgated to implement section 276 of the
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- parties and of this Commission until such time as may actually be necessary. 7. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Partial Withdrawal of Informal Complaint and Petition for Additional Extension of Time filed by Indiana Paging Network, Inc. IS GRANTED. 8. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718,
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- Sections 73.49 and 73.1350(a) of the Rules, and we find no basis to rescind or reduce the forfeitures proposed for these violations, which total $8,800. However, we cancel the $2,400 forfeiture proposed in the NAL for violation of Section 17.4(a) of the Rules. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Truth Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand eight hundred dollars ($8,800) for willful and repeated violations of Sections 73.49 and 73.1350(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Seventh Consent Motion of Complainants For Extension of Time In Which To Convert Informal Complaints To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47
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- further litigation and the expenditure of additional time and resources of the parties and this Commission. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and section 1.1415 of the Commission's rules, 47 C.F.R. § 1.1415, and authority delegated by sections 0.111, and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the joint motion to dismiss without prejudice the above-captioned complaint filed by Cavalier IS GRANTED in its entirety. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and section
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3318A1_Erratum.doc
- further litigation and the expenditure of additional time and resources of the parties and this Commission. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and section 1.1415 of the Commission's rules, 47 C.F.R. § 1.1415, and authority delegated by sections 0.111, and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the joint motion to dismiss without prejudice the above-captioned complaint filed by Cavalier IS GRANTED in its entirety. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and section
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- and the expenditure of additional time and resources of the parties and this Commission. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), and 224, and section 1.1415 of the Commission's rules, 47 C.F.R. § 1.1415, and authority delegated by sections 0.111, and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Order and Request for Information issued by the Cable Services Bureau on June 7, 2000 in the above-captioned proceeding, Cavalier Telephone, LLC v. Virginia Electric and Power Company, Order and Request for Information, 15 FCC Rcd 9563 (Cable Serv. Bur. 2000), IS VACATED in its entirety. IT
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- of the licensee. If Media fails to submit such a report or we find that Media has not come into compliance with our antenna structure rules, we will consider issuing an Order to Show Cause commencing a hearing proceeding to revoke Media's licenses. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Media IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000) for failure to exhibit red obstruction lighting on its antenna structure between sunset and sunrise in repeated and willful violation of Sections 17.4(g) and 17.51(a) of the Rules. IT IS ALSO ORDERED that, pursuant Section 308(b) of the Act,
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- completion of its installation program or until these temporary waivers expire, whichever occurs first. The initial report is due on January 1, 2003, with subsequent progress reports due on the first business day of each successive month during the waiver period. A final report is due on or before April 1, 2003. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Adelphia Communications Corporation IS GRANTED temporary waivers of Section 11.11(a) of the Rules as specified herein for the 65 cable television systems listed in Attachment A. IT IS FURTHER ORDERED that Adelphia Communications Corporation submit monthly progress reports on its EAS equipment installation program with the Chief of the Technical and Public Safety Division,
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- we believe no factors exist beyond those already considered in the NAL for further reducing the amount of the forfeiture. Based on the totality of the information before us, we conclude that a forfeiture in the total amount of $5,500 is appropriate. Ordering clauses Accordingly, IT IS ORDERED, pursuant to section 47 U.S.C. § 503(b) and Section 47 C.F.R. §§ 0.111, 0.311, and 1.80, that Northeast Utilities IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand, five hundred dollars ($5,500) for willfully and repeatedly violating 47 C.F.R. § 1.17. IT IS FURTHER ORDERED, that payment of this forfeiture shall be made in the manner provided for in 47 C.F.R. § 1.80 within 30 days of the release of
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- assignment of the license for WIPC to Siber was consummated on April 30, 2002. Therefore, it appears that Seggi was no longer the owner of WIPC or the two antenna structures at the time the violations referenced in the NAL occurred. Accordingly, IT IS ORDERED that, pursuant to Section 504(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the June 20, 2002 Notice of Apparent Liability issued to Seggi Broadcasting of Florida, Inc. IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail return receipt requested to Seggi Broadcasting of Florida, Inc., 2000 Universal Studios, Suite 604, Orlando, Florida 32819.
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- Director of the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000. Manuel M. Vázquez has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, (``Rules'') Manuel M. Vázquez IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- Field Office (``Kansas City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000. Deans Cablevision has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Deans Cablevision IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 17.50 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- of the Commission's Los Angeles, California Field Office (``Los Angeles Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $15,000. El Dorado has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, El Dorado IS LIABLE FOR A MONETARY FORFEITURE in the amount of $15,000 for willfully violating Section 303(q) of the Act and Sections 17.23, 17.47(a), 17.48(a), 17.56, and 17.57 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3, 1.716-18, and 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.716-18, 1.720-36, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Joint Motion to Convert Case IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3, 1.716-18, and 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.3,
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- to act in accordance with this prohibition in the future. Accordingly, it is hereby ORDERED that, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and sections 1.52, 1.115(d), and 1.711-1.736 of the Commission's rules, 47 C.F.R. §§ 1.52, 1.115(d), 1.711-1.736, and authority delegated by sections 0.111, and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, the filings of DDA referenced herein ARE DISMISSED, and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau For administrative convenience, these filings have been consolidated into one docket. See 47 U.S.C. § 154(j). See, e.g., Direct Dial Audio Corp.
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- record of compliance with the Commission's rules, we believe a $22,400 forfeiture is appropriate in this case for the apparent broadcast of indecent material on December 7, 2000, December 8, 2000, January 8, 2001, and January 17, 2001. IV. ORDERING CLAUSES 17. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Edmund Dinis. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty-two thousand four hundred dollars ($22,400) for willfully violating 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules. 18. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty days
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Eighth Consent Motion of Complainants For Extension of Time In Which To Convert Informal Complaints To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47
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- attachers, the first year rate is $7.48; for areas with an average of three and one-half attachers, the first year rate is $8.16; for areas with an average of three attachers, the first year rate is $8.53. Consequently, we find that Respondent's actual pole attachment rate of $47.25 is not just and reasonable. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and §§ 1.1401-1.1418, that the relief requested in the Complaint IS GRANTED TO THE EXTENT INDICATED HEREIN. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 1.1410 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.1410, that the annual pole attachment rate of $47.25 IS
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- in conjunction with the Policy Statement as well. As a result of our review, we conclude that Mr. Sarmiento willfully and repeatedly violated Section 301 of the Act and that he has provided no basis for rescission or reduction of the $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Octavio Sarmiento, Jr. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of Complainant For Extension of Time In Which To Convert Informal Complaint To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadline that would otherwise apply under section 1.718 of our rules, 47 C.F.R.
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- and twenty (120) days after the D.C. Circuit's decision on the merits in ACS of Anchorage, Inc. v. FCC, Case No. 01-1059, has become final and appellate remedies have been exhausted. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 208 and the authority delegated by sections 0.111, 0.311, 1.717, and 1.718 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.717, and 1.718, that Vitelco respond to WorldCom's informal complaint no sooner than ninety (90) days after the D.C. Circuit's decision on the merits in ACS of Anchorage, Inc. v. FCC, Case No. 01-1059, has become final and appellate remedies have been exhausted, but no later than
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- Allis) ) Application for Review ) ORDER Adopted: December 19, 2002 Released: December 23, 2002 By the Chief, Enforcement Bureau: . In this Order, in light of new information provided by Time Warner Entertainment Company, LP, we grant reconsideration on our motion of our Order, DA 02-2917, and dismiss the underlying complaint in this proceeding. 2. Accordingly, pursuant to sections 0.111 and 0.311 of the Commission's Rules, 47 C.F.R. §§ 0.111 and 0.311, IT IS ORDERED THAT Time Warner Entertainment Company, LP, DA 02-2917 (EB Oct. 31, 2002), and Time Warner Entertainment Company, LP, 17 FCC Rcd 8320 (EB 2002), ARE VACATED. 3. IT IS FURTHER ORDERED THAT the Complaint in this proceeding filed February 28, 1994, the Application for Review,
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- December 19, 2002 Released: December 23, 2002 By the Chief, Enforcement Bureau: . In this Order, we reconsider, on our own motion, the refund plan rejected by Cable Services Bureau Order, DA 99-2749. In this Order, upon further review, we accept Operator's certification that its previously refunded amount of $151,234.53 satisfies its CPST refund liability. 2. Accordingly, pursuant to sections 0.111 and 0.311 of the Commission's Rules, 47 C.F.R. §§ 0.111 and 0.311, IT IS ORDERED THAT In the Matter of Marcus Cable Associates, LP, DA 99-2749, 14 FCC Rcd 20760 (CSB 1999) IS MODIFIED AS INDICATED HEREIN. 3. IT IS FURTHER ORDERED THAT the Application for Review in this proceeding, filed January 10, 2000, IS DISMISSED AS MOOT. FEDERAL COMMUNICATIONS
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- a particular interest rate, based upon past Commission precedent. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208 and 276 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and 276, sections 1.720-1.736 and 64.1300-64.1320 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, 64.1300-64.1320, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Complainants' motion for default judgment IS GRANTED to the extent indicated herein. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 208, and 276, sections 1.720-1.736 and 64.1300-64.1320 of the Commission's
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- After reviewing Commission records, we conclude that a further downward adjustment of the forfeiture amount based on BanJo's past history of compliance is warranted. We accordingly reduce the total forfeiture amount for BanJo's violations of Sections 1.89(b) and 11.35(a) from $15,000 to $12,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, BanJo Communications Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for willful and repeated violations of Sections 1.89(b) and 11.35(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- Statement as well. As a result of our review, we conclude that Alpha willfully violated Section 301 of the Act and Section 1.903(a) of the Rules, and we find no basis for rescission or reduction of the $10,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Alpha Ambulance, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act and Section 1.903(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- Furthermore, in view of the complainant's alternative request that we dismiss the complaint with prejudice, we believe that such dismissal is in the public interest. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), 208, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the formal complaint of Garin Strategic Research Group LLC, d/b/a Peter D. Hart Research Associates, Inc., filed on August 15, 2002, is DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Deputy Chief Telecommunications Consumers Division Enforcement Bureau 47 U.S.C. § 208. See Formal Complaint of Garin Strategic
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- need for further litigation and the expenditure of additional time and resources of the parties and this Commission. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and authority delegated by sections 0.111, and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the joint motion to dismiss with prejudice the above-captioned complaint filed by EarthLink, Inc. IS GRANTED in its entirety. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.720-1.736
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of AT&T Corp. to Extend Time in Which to Convert Informal Complaints to Formal Complaints and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R.
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- Patrick for its willful violations of Sections 1.89(b) and 11.35(a) of the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act, and Section 1.106 of the Rules, Patrick's petition for reconsideration of the Forfeiture Order in this proceeding IS hereby GRANTED to the extent noted herein. IT IS FURTHER ORDERED that, pursuant to Sections 0.111, 0.311 and 1.80(i) of the Rules, the forfeiture in the amount of twenty two thousand dollars ($22,000) issued to Jamie Patrick Broadcasting, Ltd. IS CANCELLED. IT IS FURTHER ORDERED that, Patrick IS ADMONISHED for its failure to respond to Commission correspondence and for its failure to install EAS equipment at Station KTRY-FM in willful violation of Sections 1.89(b) and 11.35(a)
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of AT&T Corp. to Extend Time in Which to Convert Informal Complaints to Formal Complaints and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that the informal complaints against Advamtel, LLC d/b/a Plan B Communications, CFW Communications Company & CFW Networks, Inc., Commonwealth Telephone
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- After having reviewed the record and the Consent Decree, including the incorporated Compliance Plan, we believe that the public interest will be served by adopting the Consent Decree and terminating the Enforcement Bureau's forfeiture proceeding against Fifth Avenue. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended, and Section 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order, IS ADOPTED. IT IS FURTHER ORDERED that the Enforcement Bureau's forfeiture proceeding against Fifth Avenue IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by Certified Mail Return Receipt Requested to Susan Marshall, Esq., and Vincent Curtis, Esq.,
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- Florida Resident Agent Office (``Miami Office'') issued a Notice of Apparent Liability for Forfeiture in the amount of seven thousand dollars ($7,000) to Electronics Unlimited for the noted violations. Electronics Unlimited has not filed a response. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Electronics Unlimited, IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for marketing a non-compliant high-power cordless telephone in willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section
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- On October 29, 2001, the Commission's Miami, Florida, Resident Agent Office issued a Notice of Apparent Liability for Forfeiture in the amount of $7,000 to Lightning for the noted violations. Lightning has not filed a response. Based on the information before us, we affirm this forfeiture. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Lightning IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of AT&T Corp. to Extend Time in Which to Convert Other Informal Complaints to Formal Complaints and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47
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- a licensee's gross revenues are the best indicator of its ability to pay a forfeiture. After reviewing the financial data submitted, we find no evidence in NIE's response that would support cancellation of the forfeiture or a reduction based upon financial hardship. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, New Image Electronics, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for violating Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- promoting the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the joint motion to dismiss the above-captioned complaint with prejudice IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of
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- Field Office issued a $4,000 Notice of Apparent Liability for Forfeiture (``NAL'') to National Cable for the noted violation. National Cable has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, National Cable IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully violating Section 1.89(b) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not
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- long-held position that licensees are responsible for their agents' acts and omissions. Turning to WHNY(AM)'s claim of remedial action, we cite to another well-established FCC position: remedial action, although commendable, will not nullify a forfeiture penalty. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, C.W.H. Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,500 for willfully violating Sections 17.4(a)(2), 17.51(a), and 73.49 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of AT&T Corp. Requesting An Additional Extension of Time in Which to Convert Other Informal Complaints to Formal Complaints and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of
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- appropriate. In Citicasters, we specifically put AMFM's corporate parent, Clear Channel Communications, Inc. (``Clear Channel''), on notice that broadcasting a conversation from an answering machine was prohibited by 47 C.F.R. § 73.1206. We therefore find that a $6,000 proposed forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, AMFM Radio Licenses, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $6,000 for willfully violating Section 73.1206 of the Commission's rules. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the rules, within thirty days of this NOTICE OF APPARENT LIABILITY, AMFM Radio Licenses,
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- the United States Treasury. 3. After having reviewed the record and the Consent Decree, including the incorporated Compliance Plan, we believe that the public interest will be served by adopting the Consent Decree and terminating the Enforcement Bureau's forfeiture proceeding against Enron. 4. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Act, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order, IS ADOPTED. 5. IT IS FURTHER ORDERED that the Enforcement Bureau's forfeiture proceeding against Enron IS TERMINATED. 6. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by Certified Mail Return Receipt Requested to Aileen A. Pisciotta, Kelley Drye Warren
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- offenses, ability to pay, and such other matters as justice may require.'' After reviewing all of the circumstances, we believe a $21,000 forfeiture is appropriate in this case for the apparent broadcast of indecent material on three separate occasions. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Emmis Radio License Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for willfully and repeatedly violating 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty
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- parties and of this Commission until such time as may actually be necessary. 8. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Partial Withdrawal of Informal Complaint and Petition for Additional Extension of Time filed by Indiana Paging Network, Inc. IS GRANTED. 9. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718,
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- being brought to its attention, we note that corrective action taken after notice of a violation, while commendable, does not mitigate the violation. However, we conclude that KYS's overall history of compliance does justify reduction of the forfeiture amount from $2,200 to $1,500. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 506(a) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, KYS, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violation of the Great Lakes Agreement and Section 80.953(a) and (b) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of AT&T Corp. Resolving Certain Informal Complaints and Requesting An Additional Extension of Time in Which to Convert Other Informal Complaints to Formal Complaints and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that the informal complaints against Intermedia, File No. EB-01-MDIC-0010 and Winstar,
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- $1,000 is appropriate. We have examined Rodriguez's response to the NAL in light of the above statutory factors and the factors set forth in the Policy Statement. Taking all of these factors into account, we conclude that the proper forfeiture amount is $1,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Javier Rodriguez IS LIABLE FOR A MONETARY FORFEITURE in the amount of $1,000 for willful violation of the provisions of Sections 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- in this case. See Riverside Broadcasting, Inc., 15 FCC Rcd 18322 (EB 2000) (NAL paid; licensee found apparently liable for $10,000 forfeiture for denying access to station's public inspection file on June 13 and 14, 2000). Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that M&R Enterprises, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 73.3526 of the Commission's rules, 47 C.F.R. § 73.3526. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of AT&T Corp. Resolving Certain Informal Complaints and Requesting An Additional Extension of Time in Which to Convert Informal Complaint Against CTC Telcom to Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that the informal complaints against CT Communications, Inc. and
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- parties and of this Commission until such time as may actually be necessary. 7. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.115 and 1.722 of the Commission's rules, 47 C.F.R. §§ 1.115, 1.722, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Metrocall's Consent Motions for Extension of Time, filed on April 5, April 9, and April 12, 2002, ARE GRANTED. 8. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines for Metrocall to file its opposition to Concord's Application for Review under section 1.115 of the
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- hardship. In support of this contention, New World submitted copies of its 1998, 1999, and 2000 federal income tax returns. Upon review of the financial documentation provided by New World, we believe that reduction of the forfeiture amount to $2,000 is appropriate. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, New World Broadcasting Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for violating Sections 11.35(a) and 73.1400(a) of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Partial Withdrawal of Informal Complaint and the Petition for Additional Extension of Time filed by Indiana Paging Network, Inc. ARE GRANTED. 10. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. §
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- or maintained its automatic alarm systems, which would have led it to discover the lighting violations. Finally, Florida Power argues that we should consider its history of overall compliance with the Rules. We will do so and reduce the $10,000 forfeiture to $8,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Florida Power IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for failure to properly exhibit red obstruction lighting between sunset and sunrise on its antenna structure in willful violation of Section 17.51(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in
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- Office'') issued a Notice of Apparent Liability for Forfeiture in the amount of twenty two thousand dollars ($22,000) to Patrick for the noted violations. Patrick has not filed a response. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Jamie Patrick Broadcasting, Ltd., IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty two thousand dollars ($22,000) for failing to respond to Commission correspondence, failing to install and operate EAS equipment, and failing to maintain a public inspection file in willful violation of Sections 1.89(b), 11.35(a), and 73.3526(a)(2) of the Rules. Payment
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of AT&T Corp. Requesting Additional Extension of Time in Which to Convert Informal Complaint Against CTC Telcom to Formal Complaint and Toll Limitations Period IS GRANTED. against CTC Telcom, Inc., into a formal complaint pursuant to section 1.718 of our rules, 47 C.F.R. § 1.718,
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- Director of the Commission's Detroit, Michigan Field Office issued a $17,000 Notice of Apparent Liability for Forfeiture (``NAL'') to Central Transport for the noted violations. Central Transport has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Central Transport IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully violating Section 303(q) of the Act and Sections 17.4(a) and 1.89(b) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- history of prior offenses, ability to pay, and such other matters as justice may require.'' After reviewing all of the circumstances, we believe that a $7,000 forfeiture is appropriate in this case for the apparent broadcast of indecent material. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that GA-MEX Broadcasting, Inc., and WAZX-FM, Inc., are hereby NOTIFIED of their APPARENT LIABILITY FOR FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty
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- need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, sections 1.711-1.718 of the Commission's rules, 47 C.F.R. §§ 1.711-1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Motion To Dismiss the above-captioned complaint IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, sections 1.711-1.718 of the Commission's rules, 47 C.F.R. §§ 1.711-1.718, and the authority
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- the Policy Statement as well. As a result of our review, we conclude that Monroe willfully and repeatedly violated Sections 73.44(b), 73.1201(a)(2) and 73.1745(a) of the Rules, and we find no basis to rescind or reduce the $9,000 forfeiture proposed for these violations. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Monroe Area Broadcasters, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of nine thousand dollars ($9,000) for willful and repeated violations of Sections 73.44(b), 73.1201(a)(2) and 73.1745(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- there are no substantial and material questions of fact as to whether Talk America possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. 4. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act, 47 U.S.C. §§ 154(i), 154(j), and 503(b) and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Decree attached hereto IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) In the Matter of ) File No. EB-00-TC-007 Talk America, Inc. )
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- need for further litigation and the expenditure of additional time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and authority delegated by sections 0.111, and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the parties' joint motion to dismiss with prejudice the above-captioned complaint filed IS GRANTED in its entirety. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.720-1.736 of the
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Madison County Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable systems. IT IS FURTHER ORDERED that Madison County Cable, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall
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- FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. On July 23, 2002, The Commission granted and equipment authorization for a decoder-only unit. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, the Joint Petitioners ARE GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for one cable television system in Brandon, South Dakota and ARE GRANTED a waiver of Section 11.11(a) of the Rules until December 31, 2004 for 21 cable television systems in the states of Iowa, Minnesota and South
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Eagle Media, LLC IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the 22 cable television systems in the two captioned states as listed in Attachment A. IT IS FURTHER ORDERED that Eagle Media, LLC place a copy of these waivers in its systems files. IT IS FURTHER ORDERED
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Lone Pine Television, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. IT IS FURTHER ORDERED that Lone Pine Television, Inc. place a copy of these waivers in its system files. IT IS FURTHER ORDERED that a copy of this Order shall
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Tip Top Communications IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. IT IS FURTHER ORDERED that Tip Top Communications place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be sent
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Elsie Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Elsie Communications, Inc. place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, The Southern Kansas Telephone Company, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. IT IS FURTHER ORDERED that The Southern Kansas Telephone Company, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Martelle Cooperative Telephone Association IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the Martelle/Morley, Iowa cable television system. IT IS FURTHER ORDERED that Martelle Cooperative Telephone Association place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Cable One, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until February 1, 2003 for the two captioned cable television systems. IT IS FURTHER ORDERED that Cable One, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, WFL Cable Television Associates, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. IT IS FURTHER ORDERED that WFL Cable Television Associates, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of MCI WORLDCOM Network Services, Inc. Requesting Waiver of Section 1.718 of the Commission's Rules and Further Extension of Time In Which to Convert Its Informal Complaint to a Formal Complaint and Toll the Limitations Period IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections
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- to Pinnacle's tower obstructed good visibility of the tower in violation of Section 17.50 of the Rules. Accordingly, we cancel the NAL. Because we are canceling the NAL, we need not address the other arguments raised by Pinnacle in its response. Accordingly, IT IS ORDERED that, pursuant to Section 504(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the Notice of Apparent Liability for a Forfeiture, NAL/Acct. No. 200232700016, issued to Pinnacle Towers, Inc. IS CANCELED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail return receipt requested to Pinnacle Towers, Inc., 301 N. Cattlemen Road, 3rd Floor, Sarasota, Florida 34232,
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- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Adelphia willfully and repeatedly violated Section 11.61(a) of the Rules, and we find no basis for rescinding or reducing the $2,000 forfeiture for this violation. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Adelphia Communications IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willful and repeated violation of Section 11.61(a) of the Rules. Unless excused by operation of law, payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- over-the-air reception of broadcast television and radio stations. Finally, Mediacom believes that it can bring its cable systems into EAS compliance within the next six months. Based upon our review of the information submitted by Mediacom, we conclude that temporary, 12-month waivers of Section 11.11(a) for the 107 cable systems are warranted. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Mediacom Communications Corporation IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for 107 cable television systems in Attachment A. IT IS FURTHER ORDERED that Mediacom Communications Corporation place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Complete Communication Systems IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the Stratford, Iowa cable television system and IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the State Center and Roland, Iowa cable television systems. IT IS FURTHER ORDERED that Complete
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- and filed prior to the initial status conference. See, e.g., 47 C.F.R. §§ 1.726 (replies), 1.729 (discovery). Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 208, and 255 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 208, 255, section 1.3 of the Commission's rules, 47 C.F.R. § 1.3, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Unopposed Motion of Complainant for Limited Modification of the Procedural Schedule IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION Colleen K. Heitkamp Chief, Telecommunications Consumers Division Enforcement Bureau See O'Day v. Audiovox Communications Corporation and Verizon Wireless, Notice of Formal Complaint, dated February 28, 2003. The Notice inadvertently omitted the
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of MCI WORLDCOM Network Services, Inc. Requesting Waiver of Section 1.718 of the Commission's Rules and Further Extension of Time In Which to Convert Its Informal Complaint to a Formal Complaint and Toll the Limitations Period IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- the new financial data and other information submitted by Pacific Sun, we conclude that Pacific Sun has justified a 36-month waiver of Section 11.11(a) of the Rules for the captioned small cable system. Accordingly, we grant Pacific Sun's petition for reconsideration. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Sections 0.111, 0.204(b), 0.311 and 1.106 of the Rules, Pacific Sun Cable Partners, LP's petition for reconsideration IS GRANTED. IT IS FURTHER ORDERED that Pacific Sun Cable Partners, LP IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Pacific Sun Cable Partners, LP place a copy
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, PBT Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. IT IS FURTHER ORDERED that PBT Cable, Inc. place a copy of this Order in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Livermore Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable system. IT IS FURTHER ORDERED that Livermore Cable, Inc. place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent by
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1243A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1243A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1243A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Total TV of Fort Irwin, LLC IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. IT IS FURTHER ORDERED that Total TV of Fort Irwin, LLC place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1244A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1244A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1244A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, J & N Cable Systems, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the eight captioned cable television systems. IT IS FURTHER ORDERED that J & N Cable Systems, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1245A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1245A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1245A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Alsea River Cable TV IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. IT IS FURTHER ORDERED that Alsea River Cable TV place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1246A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1246A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1246A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Johnsonburg Community Television, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. IT IS FURTHER ORDERED that Johnsonburg Community Television, Inc. place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1247A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1247A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1247A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Dixie Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Dixie Cablevision, Inc. place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1248A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1248A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1248A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Starkville Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable systems. IT IS FURTHER ORDERED that Starkville Cablevision, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1249A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1249A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1249A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Mullan Television Company IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Mullan Television Company place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1250A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1250A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1250A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Hawkeye Telephone Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Hawkeye Telephone Inc. place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1251A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1251A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1251A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, North American Communications Corporation IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the 27 cable television systems listed in Attachment A. IT IS FURTHER ORDERED that North American Communications Corporation place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1261A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1261A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1261A1.txt
- the parties, and of this Commission, until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- respect to Gold Coast's argument regarding its inability to pay the proposed forfeiture, we note that it does not submit any financial documentation from which we can assess its ability to pay. Therefore, we decline to reduce the forfeiture amount on this basis. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Gold Coast Broadcasting Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to maintain specified painting on its antenna structure in willful violation of Section 17.50 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-12A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-12A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-12A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Milford Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the Milford, Iowa cable television system and IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the Blairsburg and Thor, Iowa cable television systems. IT IS FURTHER ORDERED that Milford
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- Statement as well. As a result of our review, we conclude that Morris willfully violated Section 17.4(a) of the Rules, but we reduce the $3,000 forfeiture proposed for this violation to $2,400 in light of Morris's history of compliance with the Commission's rules. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Morris Communications Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand four hundred dollars ($2,400) for willful violation of Section 17.4(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-13A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-13A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-13A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Index Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Index Cable TV, Inc. place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall
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- of this Order demonstrating that it has filed an antenna structure registration application and an application to correct the station coordinates and installed EAS equipment. Simes' report must be submitted in the form of an affidavit signed by an officer of the licensee. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, L.T. Simes, II and Raymond Simes ARE LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Sections 11.35(a), 17.4(a) and 73.1350(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Act, Simes must submit the report described in paragraph
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- York, New York Field Office (``New York Office''), issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $5,000 to Blue Ridge. Blue Ridge has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''), Blue Ridge IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for willfully violating Section 301 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- sections 201(b) and 202(a). Given these circumstances, we deny Metro Teleconnect's Complaint in its entirety. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201, 202, 208, and 251 of the Act, 47 U.S.C. §§ 151, 154(i), 154(j), 201, 202, 208, 251, and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the above-captioned formal complaint is DENIED, and this proceeding is hereby TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 208. See Formal Complaint, Metro Teleconnect Companies, Inc. v. Verizon Maryland Inc., File No. EB-02-MD-016 (filed Apr. 23, 2002) (``Complaint''). 47 U.S.C. §§ 201(b),
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Assondieu Fortune. Mr. Fortune has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''), Assondieu Fortune IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-145A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-145A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-145A1.txt
- Commission. Furthermore, in view of the parties' request that we dismiss the complaint with prejudice, we believe that such dismissal is in the public interest. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), 208, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the formal complaint of MAP Mobile Communications, Inc. v. WorldCom, Inc., et. al., filed on March 6, 2002, is DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Colleen Heitkamp Chief Telecommunications Consumers Division Enforcement Bureau 47 U.S.C. § 208. Id. §§ 201(b), 202(a). See Formal Complaint of MAP Mobile Communications,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1492A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1492A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1492A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Blue Mountain TV Cable Co. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the John Day, Oregon cable television system and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the Dayville, Oregon, Prairie City, Oregon and Seneca, Oregon cable television
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1493A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1493A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1493A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Etan Industries, Inc. d/b/a Cable Management Associates IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the 11 captioned cable television systems. IT IS FURTHER ORDERED that Etan Industries, Inc. d/b/a Cable Management Associates place a copy of this waiver in its system files. IT IS FURTHER ORDERED
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1494A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1494A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1494A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Bluebonnet Rural Development Corporation IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the seven captioned cable television systems. IT IS FURTHER ORDERED that Bluebonnet Rural Development Corporation place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1495A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1495A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1495A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Star City Cable TV IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Star City Cable TV place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1496A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1496A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1496A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Protivin Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Protivin Cablevision place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1497A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1497A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1497A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Nex-Tech, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. IT IS FURTHER ORDERED that Nex-Tech, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be sent by
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1498A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1498A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1498A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable system. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, City of Columbus Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. IT IS FURTHER ORDERED that City of Columbus Cablevision place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1499A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1499A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1499A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Northwoods Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the seven captioned cable television systems. IT IS FURTHER ORDERED that Northwoods Cable, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Goldfield Communications Services, Corp. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. IT IS FURTHER ORDERED that Goldfield Communications Systems, Corp. place a copy of these waivers in its system files. IT IS FURTHER ORDERED that a copy of this Order shall
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Uvision, LLC IS GRANTED a waiver of Section 11.11(a) of the Rules until April 1, 2003 for the Sheridan, Oregon, Stayton, Oregon and Lacomb, Oregon cable television systems and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the Detroit, Oregon cable television system. IT IS FURTHER ORDERED
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Ebanks. Mr. Ebanks has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''), Omar A. Ebanks IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $12,000 to Mr. Kamm. Mr. Kamm has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''), Scott E. Kamm IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,000 for willfully and repeatedly violating Sections of the Commission's Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- York, New York Field Office (``New York Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Charles. Mr. Charles has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''), Rawlins Charles IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- York, New York Field Office (``New York Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to J Transport. J Transport has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''), J Transport, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- (``Philadelphia Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $13,000 to Minority Business. Minority Business has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Minority Business and Housing Development, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $13,000 for willfully and repeatedly violating Sections 11.35(a) and 73.1350(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- York, New York Field Office (``New York Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Alejandro. Mr. Alejandro has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''), Fernando Alejandro IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- York, New York Field Office (``New York Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Frederic. Mr. Frederic has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''), Emmanuel Frederic IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- impose a hardship on Lighthouse. Furthermore, we note that Lighthouse has recently assigned the license for WBIC(AM) and is no longer a Commission licensee. Therefore, we conclude that cancellation of the forfeiture is warranted. Nevertheless, we admonish Lighthouse for its violations of Sections 11.35(a) and 73.1745 of the Rules. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the forfeiture in the amount of twelve thousand dollars ($12,000) proposed in the July 30, 2002 NAL issued to Lighthouse Broadcasting IS CANCELLED. IT IS FURTHER ORDERED that Lighthouse Broadcasting IS ADMONISHED for failure to maintain operational EAS equipment at WBIC(AM) in violation of Section 11.35(a) of the Rules and failure to reduce power
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- factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Mortenson willfully and repeatedly violated Section 17.51(a) of the Rules, but we reduce the forfeiture proposed for this violation from $10,000 to $8,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Mortenson Broadcasting Co. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 17.51(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Tri-County willfully and repeatedly violated Section 73.1745(a) of the Rules, and we find no basis for reduction of the $4,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Tri-County Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willful and repeated violation of Section 73.1745(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- to negotiate new agreements in good faith using the Cable Formula as a guide to establishing a reasonable rate. To the extent the Cable Operators have paid the $38.06 rate, we order refunds of the difference between the $38.06 rate and the rates contained in the parties' prior pole attachment agreements. Ordering Clauses Accordingly, IT IS ORDERED, pursuant to sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.1401-1.1418, that the relief requested in the Complaint IS GRANTED TO THE EXTENT INDICATED HEREIN. IT IS FURTHER ORDERED, pursuant to sections 0.111, 0.311, and 1.1410 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.1410, that the annual pole attachment rate of $38.06 IS UNREASONABLE and IS
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- Office (``New York Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Mexicana. Mexicana has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Mexicana Car and Limousine Services IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 90.403(a)(2) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- small percentage of Alpha's gross revenues, which have increased in each of the last three years. However, as explicitly stated in the Forfeiture Order and set forth below, Alpha may submit a request for full payment of the forfeiture under an installment plan. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act, and Sections 0.111, 0.311 and 1.106(j) of the Rules, the petition for reconsideration filed on January 22, 2003 by Alpha Ambulance, Inc. IS DENIED. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not paid within the period specified, the case
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Hamilton County Cable TV, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. IT IS FURTHER ORDERED that Hamilton County Cable TV, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $3,000 to Pamal. Pamal has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Pamal Broadcasting, Ltd. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully and repeatedly violating 17.57 of the Commission's Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- actions taken to correct a violation are not mitigating factors warranting reduction of a forfeiture. However, after considering SCCC's history of compliance with the Commission's rules, we conclude that reduction of the forfeiture proposed in the NAL from $10,000 to $8,000 is appropriate. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, South Central Communications Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violations of Sections 17.47(a)(2), 17.48(a) and 17.51 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of Complainants For Extension of Time In Which To Convert Informal Complaints To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j),
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- to the statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Titan willfully violated Section 17.4(g) of the Rules, but we reduce the forfeiture for this violation from $3,000 to $2,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Titan Towers, LP IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willful violation of Section 17.4(g) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- that Cingular Wireless met the requirements of Section 17.48 of the Rules by promptly reporting the obstruction light outage to the Miami FSS, so that the FSS could open a NOTAM. We therefore find that cancellation of the NAL is warranted. Accordingly, IT IS ORDERED that, pursuant to Section 504(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the Notice of Apparent Liability for a Forfeiture, NAL/Acct. No. 200232700023, issued to Florida Cellular Service, LLC. IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail return receipt requested to Florida Cellular Service, LLC, 17330 Preston Road, Suite 100A, Dallas, Texas
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- the parties, and of this Commission, until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- Fibertech has failed to demonstrate the irreparable harm required under section 1.1403(d) of our rules. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to section 1.1403(d) of the Commission's rules, 47 C.F.R. § 1.1403(d), sections 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Fibertech's Petition To Stay Termination Of Pole Attachment Rights is dismissed as moot to the extent that it seeks to stay any effort by Duquesne to remove or seek removal of Fibertech's facilities from Duquesne's poles. IT IS FURTHER ORDERED, pursuant to section 1.1403(d) of the Commission's rules,
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- promoting the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Motion To Dismiss the above-captioned complaint IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules,
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- Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Ashley. Ashley has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, John W. Ashley d/b/a Ashley Communications IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 17.50 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- the statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that WPGS repeatedly violated Section 17.51 of the Rules, but we reduce the forfeiture proposed for this violation from $10,000 to $1,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, WPGS, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for repeated violation of Section 17.51 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we believe that the public interest will be served by adopting the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) and (j) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation of Nokia IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail, return receipt requested, to Richard W. Stimson, Vice President, Legal Services, 6000
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Notesan's Request for Waiver of Commission Rule 1.718(a) IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadline that would otherwise apply under section 1.718 of the Commission's rules, 47 C.F.R. § 1.718, is hereby waived. Notesan Pty Ltd.'s prior June 6, 2003 conversion
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- further litigation and expenditure of additional time and resources of the parties and this Commission. Ordering Clauses Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and section 1.727 of the Commission's rules, 47 C.F.R. § 1.727, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Complainant's Motion to Dismiss the Proceeding Without Prejudice IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and section 1.727 of the Commission's rules, 47 C.F.R. § 1.727, and
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- need for further litigation and the expenditure of additional time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Joint Motion for Dismissal of the above-captioned proceeding IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and
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- Statement as well. As a result of our review, we conclude that Roser repeatedly violated Sections 11.35(a) and 11.61(a) of the Rules and find that, while there is no basis for cancellation of the proposed monetary forfeiture, a reduction to $8,800 is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Roser IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars eight hundred ($8,800) for failing to have a fully operational EAS installed, failing to determine and log the reasons for the failure of its EAS apparatus to receive test transmissions, and failing to transmit the required monthly EAS tests, in
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- parties to await the Court's review of the Liability Order, we are satisfied that our action today serves the public interest. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 208, section 1.3 of the Commission's rules, 47 C.F.R. § 1.3, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that section 1.718(a) of the Commission's rules, 47 C.F.R. § 1.718(a), IS HEREBY WAIVED, with regard to the IPP EUCL informal complaints described herein and the deadline for the conversion and filing of these informal complaints into formal complaints is hereby extended to June 30, 2004. This waiver
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- taken by Amethyst to ensure that the radio was not used, we believe that cancellation of the forfeiture is appropriate. Nevertheless, we find that it is also appropriate to admonish Amethyst for its violation of Section 301 of the Act, which caused harmful interference to Coast Guard operations. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 0.111, 0.311, and 1.80(f)(4) of the Rules, the forfeiture in the amount of ten thousand dollars ($10,000) proposed in the June 5, 2002 NAL issued to Amethyst International, Inc. IS CANCELLED. 12. IT IS FURTHER ORDERED that Amethyst IS ADMONISHED for its unlicensed operation of a marine coast station on VHF Marine Channel 16 (156.8 MHz) from the Beach Motel in
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Bloom. Mr. Bloom has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''), Brian N. Bloom IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- until April 9, 2003, after the October 1, 2002 deadline for cable systems serving 10,000 or fewer subscribers to install EAS equipment. We find that Lycom was in violation of the requirement in Section 11.11(a) of the Rules to install EAS equipment by October 1, 2002. We admonish Lycom for this violation. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Lycom Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from April 9, 2003 until October 1, 2003 for the Louisa, Kentucky cable television system, and IS GRANTED waivers of Section 11.11(a) of the Rules from April 9, 2003 until October 1, 2005 for the cable television systems in Blaine, Kentucky,
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- after the October 1, 2002 deadline for cable systems serving 10,000 or fewer subscribers to install EAS equipment. We find that Town of Levan was in violation of the requirement in Section 11.11(a) of the Rules to install EAS equipment by October 1, 2002. We admonish Town of Levan for this violation. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Town of Levan, Utah d/b/a Levan Town Cable Systems IS GRANTED a waiver of Section 11.11(a) of the Rules from April 11, 2003 until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Town of Levan, Utah d/b/a Levan Town Cable Systems IS ADMONISHED for violating the requirement in
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- until October 9, 2002, after the October 1, 2002 deadline for cable systems serving 10,000 or fewer subscribers to install EAS equipment. We find that Willamette was in violation of the requirement in Section 11.11(a) of the Rules to install EAS equipment by October 1, 2002. We admonish Willamette for this violation. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Willamette Broadband, LLC IS GRANTED a waiver of Section 11.11(a) of the Rules until April 1, 2003 for the three captioned cable television systems. 6. IT IS FURTHER ORDERED that Willamette Broadband, LLC IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS equipment by October 1, 2002. 7.
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- equipment within a two-week period. Finally, Bee Line believes that it can bring the captioned cable systems into EAS compliance by November 1, 2002. Based upon our review of the information submitted by Bee Line, we conclude that temporary, one-month waivers of Section 11.11(a) for the two captioned cable systems are warranted. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Bee Line, Inc. / Bee Line Cable TV IS GRANTED a waiver of Section 11.11(a) of the Rules until November 1, 2002 for the two captioned cable television systems. IT IS FURTHER ORDERED that Bee Line, Inc. / Bee Line Cable TV place a copy of this waiver in its system files. IT IS
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Notice of Withdrawal of Application for Review IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-2679 Federal Communications Commission DA 03-2074 ņ ō
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- factor. Finally, we are not persuaded that Alltel's history of overall compliance justifies a reduction in the forfeiture in light of the NOV issued on September 17, 2001 for a very similar violation and several other NOVs issued to Alltel regarding Part 17 violations. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Missouri RSA No. 2 Partnership d.b.a. Alltel IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to clean and repaint its antenna structure to maintain good visibility in willful violation of Section 17.50 of the Rules. Payment of the forfeiture shall be made in the manner provided
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of MCI WORLDCOM Network Services, Inc. Requesting Waiver of Section 1.718 of the Commission's Rules and an Extension of Time In Which to Convert Its Informal Complaint to a Formal Complaint and Toll the Limitations Period IS GRANTED. IT IS FURTHER ORDERED pursuant to sections
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- 5, 2002, after the October 1, 2002 deadline for cable systems serving 10,000 or fewer subscribers to install EAS equipment. We find that Coleman County was in violation of the requirement in Section 11.11(a) of the Rules to install EAS equipment by October 1, 2002. We admonish Coleman County for this violation. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Coleman County Telephone Cooperative, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from November 5, 2002 until April 1, 2003 for the captioned cable television system. IT IS FURTHER ORDERED that Coleman County Telephone Cooperative, Inc. is ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS
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- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that St. Louis Mobile repeatedly violated Section 17.4(a) of the Rules, and we find no basis for cancellation or reduction of the forfeiture proposed for this violation. IV. ORDERING CLAUSES Accordingly, IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, St. Louis Mobile Systems Inc. IS LIABLE for a monetary forfeiture in the amount of three thousand dollars ($3,000) for repeated violation of Section 17.4(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days of the release of this
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- Act and the Commission's rules do not allow the Commission to award attorney's fees or costs. We therefore deny Mills' request for such an award. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j), and 208 of the Communications Act of 1934 as amended, 47 U.S.C. §§ 154(i), 154(j), 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Motion for Dismissal of Mills Fleet Farm, Inc. and for an Award of Attorney's Fees is GRANTED in part and DENIED in part, as set forth above. 15. IT IS FURTHER ORDERED that the above-captioned formal complaint IS DISMISSED WITH PREJUDICE as to Mills Fleet Farm, Inc.,
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- the Policy Statement as well. As a result of our review, we conclude that VoiceStream repeatedly violated Section 17.51(b) of the Rules and find that, while there is no basis for cancellation of the proposed monetary forfeiture, a reduction to $8,000 is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, VoiceStream IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for failure to continuously exhibit all high intensity and medium intensity obstruction lighting, in repeated violation of Section 17.51(b) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
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- (``Denver Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Verizon Wireless. Verizon Wireless has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Verizon Wireless (VAW) LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Sections 17.23 and 17.50 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- Office (``Kansas City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Mediacom. Mediacom has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Mediacom IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully violating Section 11.35 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not paid
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- Act, evidence Congress' intent that the Commission have exclusive jurisdiction over RFI). 199 F.3d at 1192 (finding the Commission's regulations ``show its broad authority over RFI issues''). The Court noted that a function of the Commission's Compliance and Information Bureau, with assistance from the Wireless Telecommunications Bureau, is to ``[r]educe or eliminate interference to authorized communciations.'' See 47 C.F.R. §§ 0.111(e), 0.131(h). The Commission has promulgated rules to resolve interference disputes. See, e.g., 47 C.F.R. §§ 22.353, 24.237, 27.58, 90.173(b), 90.403(e). The Commission can assess a forfeiture for failure to comply with an FCC permit or license. See 47 C.F.R. § 1.80(a)(1), (b)(4) (suggested forfeiture amount for interference is $7,000 per violation). 199 F.3d at 1192 (citing 960 Radio and Mobilecomm).
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- Office (``New Orleans Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $7,000 to Tralyn. Tralyn has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Tralyn Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Sections 11.61(a)(2)(i)(A) and 73.3526(a)(2) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Cable Services, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. IT IS FURTHER ORDERED that Cable Services, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2201A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2201A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2201A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Eagles Mere - Laporte Cablevision, Inc. d/b/a Commuter Cable Television. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable systems. IT IS FURTHER ORDERED that Eagles Mere - Laporte Cablevision, Inc. d/b/a Commuter Cable Television place a copy of this waiver in its system
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Indevideo Company, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the six captioned cable television systems. IT IS FURTHER ORDERED that Indevideo Company, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Colstrip Cable TV Company IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Colstrip Cable TV Company place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Data Video Systems, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Data Video Systems, Inc. place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Southeast Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the seven captioned cable television systems. IT IS FURTHER ORDERED that Southeast Cable TV, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Clearvison Cable Systems, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. IT IS FURTHER ORDERED that Clearvision Cable Systems, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,Tolna Community Development Corp. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the captioned cable television system. IT IS FURTHER ORDERED that Tolna Community Development Corp. place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2209A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2209A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2209A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Green Hills Communications, Inc. d/b/a Green Hills Multi-Media IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. IT IS FURTHER ORDERED that Green Hills Communications, Inc. d/b/a Green Hills Multi-Media place a copy of this waiver in its system files. IT IS
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- Diego Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to North American. North American has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, North American Broadcasting Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully violating Section 73.1560(a)(1) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2210A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2210A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2210A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Piedmont Cable Corporation IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Piedmont Cable Corporation place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2212A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2212A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2212A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Cable Co-Op IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. IT IS FURTHER ORDERED that Cable Co-Op place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2213A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2213A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2213A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, US Cable of Coastal-Texas, L.P. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the 37 cable television systems listed in Attachment A. IT IS FURTHER ORDERED that US Cable of Coastal-Texas, L.P. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Scioto Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Scioto Cablevision place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2215A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2215A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2215A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Northwest Community Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until January 1, 2004 for the captioned cable television system. IT IS FURTHER ORDERED that Northwest Community Communications, Inc. place a copy of this order in its system file. IT IS FURTHER ORDERED that a copy of this Order shall
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- television and radio stations and other sources. Finally, Houlton Cable believes that it can install the equipment upgrades and EAS equipment within the next year. Based upon our review of the financial data and other information submitted by Houlton Cable, we conclude that a temporary, 12-month waiver of Section 11.11(a) is warranted. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, NEPSK, Inc. d/b/a Houlton Cable TV IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003. IT IS FURTHER ORDERED that NEPSK, Inc. d/b/a Houlton Cable TV place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Langco, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Langco, Inc. place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2218A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2218A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2218A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, MIM Cable Co. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that MIM Cable Co. place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent
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- Office (``Kansas City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $2,000 to Qwest. Qwest has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Qwest Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for willfully violating Section 17.4(g) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2221A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2221A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2221A1.txt
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Farmers Telephone Cooperative, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Farmers Telephone Cooperative, Inc. place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall
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- Orleans Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $17,000 to Metro Birch. Metro Birch has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Metro Birch IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully violating Sections 73.49 and 73.3526(a)(2) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- a reduction of the forfeiture amount is warranted. Consequently, after factoring in the appropriate downward adjustment criteria related to Atlantic Beach Radio's good faith effort, history of overall compliance, and inability to pay, we will reduce the $12,000 forfeiture amount to $4,000. IV. Ordering Clauses 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Atlantic Beach Radio Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for repeatedly violating Sections 11.35 and 73.1745 of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- state of flux of the EAS system in the Marianas, we conclude that temporary, 36 month waivers of Section 11.11(a) for the two captioned cable systems are warranted. In particular, we find that the estimated $34,750 cost of EAS equipment for this small cable system could impose a financial hardship on MCV. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Marianas Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules for the two captioned cable television systems until October 1, 2005. IT IS FURTHER ORDERED that Marianas Cablevision, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be
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- television and radio stations. Finally, Hancel believes that it can bring the two cable systems into compliance with EAS requirements by December 1, 2002. Based upon our review of the information submitted by Hancock Video, we conclude that temporary, two-month waivers of Section 11.11(a) for the two captioned cable systems are warranted. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Hancel, Inc. d/b/a Hancock Video IS GRANTED a waiver of Section 11.11(a) of the Rules until December 1, 2002 for the two captioned cable television systems. IT IS FURTHER ORDERED that Hancel, Inc. d/b/a Hancock Video place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, John W. Jones d/b/a Highland Cable IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that John W. Jones d/b/a Highland Cable place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Blakely Cable Television, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the cable television system in Blakely, Georgia and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the cable television systems in Columbia, Alabama; Baconton, Georgia; Leary, Georgia; Morgan,
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- our review of the financial data and other information submitted by Nucentrix, we conclude that temporary, 36-month waivers of Section 11.11(a) for the 55 cable television systems are warranted. In particular, we find that the estimated $250,000 cost of EAS equipment for these cable systems could impose a financial hardship on Nucentrix. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Nucentrix Broadband Network, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the 55 cable television systems listed in Attachment A. IT IS FURTHER ORDERED that Nucentrix Broadband Networks, Inc. place a copy of these waivers in its system files. IT IS FURTHER ORDERED that a copy
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, South Central Communications d/b/a Southwest Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that South Central Communications d/b/a Southwest Cablevision place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Antilles Wireless, L.L.C. d/b/a USA Digital IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Antilles Wireless, L.L.C. d/b/a USA Digital place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy
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- until October 11, 2002, after the October 1, 2002 deadline for cable systems serving 10,000 or fewer subscribers to install EAS equipment. We find that Winnebago was in violation of the requirement in Section 11.11(a) of the Rules to install EAS equipment by October 1, 2002. We admonish Winnebago for this violation. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Winnebago Cooperative Telephone Association IS GRANTED a waiver of Section 11.11(a) of the Rules from October 11, 2002 until April 1, 2003 for the captioned cable television system. IT IS FURTHER ORDERED that Winnebago Cooperative Telephone Association is ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS equipment by
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- until October 4, 2002, after the October 1, 2002 deadline for cable systems serving 10,000 or fewer subscribers to install EAS equipment. We find that Fairfield was in violation of the requirement in Section 11.11(a) of the Rules to install EAS equipment by October 1, 2002. We admonish Fairfield for this violation. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Fairfield Communications IS GRANTED a waiver of Section 11.11(a) of the Rules from October 4, 2002 until October 1, 2003 for the captioned cable television system. IT IS FURTHER ORDERED that Fairfield Communications is ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS equipment by October 1, 2002. IT
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- 21, 2002, after the October 1, 2002 deadline for cable systems serving 10,000 or fewer subscribers to install EAS equipment. We find that D&P Cable was in violation of the requirement in Section 11.11(a) of the Rules to install EAS equipment by October 1, 2002. We admonish D&P Cable for this violation. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, D&P Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from October 21, 2002 until April 1, 2003 for the captioned cable television system. IT IS FURTHER ORDERED that D&P Cable, Inc. is ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS equipment by October 1,
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Dalton Telephone Company, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. IT IS FURTHER ORDERED that Dalton Telephone Company, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of MCI WORLDCOM Network Services, Inc. Requesting Waiver of Section 1.718 of the Commission's Rules and an Extension of Time In Which to Convert Its Informal Complaint to a Formal Complaint and Toll the Limitations Period IS GRANTED. IT IS FURTHER ORDERED pursuant to sections
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Oregon Cable Group LLC d/b/a Northwest Cablevision for Cascade Cable TV Inc., Colton Cable TV and Monitor Telecommunication ARE GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable system. IT IS FURTHER ORDERED that Oregon Cable Group LLC d/b/a Northwest Cablevision for Cascade Cable TV Inc.,
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Schindler's Cable TV IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. IT IS FURTHER ORDERED that Schindler's Cable TV place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Haywood CableVision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. IT IS FURTHER ORDERED that Haywood CableVision, Inc. place a copy of this waiver in its systems files. IT IS FURTHER ORDERED that a copy of this Order shall be
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Kudzu Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. IT IS FURTHER ORDERED that Kudzu Cable TV, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Nova Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. IT IS FURTHER ORDERED that Nova Cablevision, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be
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- EAS equipment for this small cable system could impose a financial hardship on Galaxy Cable. Further, we withdraw the temporary, 24-month waiver previously granted for the Geneva, Nebraska cable system. Accordingly, IT IS ORDERED that Galaxy Cable, Inc.'s request for clarification IS GRANTED to the extent indicated herein and IS otherwise DENIED. IT IS FURTHER ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Galaxy Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the Schuyler, Nebraska cable television system. IT IS FURTHER ORDERED that the temporary, 24-month waiver of Section 11.11(a) of the Rules previously granted to Galaxy Cable for its Geneva, Nebraska cable television system IS WITHDRAWN. IT
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Bowen Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. IT IS FURTHER ORDERED that Bowen Cablevision, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be
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- the statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Rotijefco willfully violated Section 11.35(a) and (b) of the Rules, but we reduce the forfeiture amount from $8,000 to $5,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Rotijefco, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for willful violation of Section 11.35(a) and (b) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- Office (``San Juan Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Southern. Southern has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Southern IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating Section 11.35 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- (``Miami Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Air Paging. Air Paging has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Air Paging IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- the fence or breaking it down. After reviewing the record before us, we conclude that there is not enough evidence to support a finding that WOYK failed to maintain an effective locked fence in violation of Section 73.49. Consequently, we cancel the NAL. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 504(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, the forfeiture in the amount of seven thousand dollars ($7,000) proposed in the July 17, 2002 NAL issued to WOYK for failure to maintain an adequate tower fence enclosure IS CANCELLED. 9. IT IS FURTHER ORDERED that, a copy of this Order shall be sent by Certified Mail, Return Receipt Requested, to WOYK, Inc.,
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- an affidavit signed by an officer or director of the licensee. If Blue Skies fails to submit such a report or we find that Blue Skies has not come into compliance with our main studio rule, we will consider further appropriate enforcement action. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Blue Skies IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars eight hundred ($1,800) for failure to have operational EAS equipment installed and failure to have a main studio within the station's predicted Grade B contour, in willful violation of Sections 11.35(a) and 73.1125(c) of the Rules. IT IS ALSO
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Brown. Mr. Brown has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''), Mr. Brown IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- alerts on all programming channels except the local school channels. GWC believes it can bring the system's local school channels into EAS compliance within 45 days. Based upon our review of the information submitted by GWC, we conclude that a temporary waiver of Section 11.11(a) for the captioned cable system is warranted. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Golden West Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until November 15, 2002 for the captioned cable television system. IT IS FURTHER ORDERED that Golden West Cablevision, Inc. place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Motion to Withdraw Complaint IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Motion to Withdraw Complaint, File No. PA 02-001 (filed July 21, 2003) (``Motion to Withdraw''). Federal
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- note that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Pinpoint Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the five captioned cable television systems. IT IS FURTHER ORDERED that Pinpoint Communications, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be
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- note that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Pinpoint Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the five captioned wireless cable television systems. IT IS FURTHER ORDERED that Pinpoint Communications, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall
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- note that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Antilles Wireless, L.L.C., d/b/a Cable USA IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the six captioned cable television systems. IT IS FURTHER ORDERED that Antilles Wireless, L.L.C., d/b/a Cable USA place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a
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- within the meaning of the Act inasmuch as Rev. Louis admits that he continually operated the station without a license. Moreover, he did so despite repeated warnings from FCC staff. In light of the foregoing, we decline to cancel or reduce the forfeiture amount. ORDERING CLAUSE ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Rev. Yvon Louis IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for operating an unlicensed radio transmitter in willful and repeated violation of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- to hold, obtain, assign or transfer any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we believe that the public interest will be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) and (j) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation of Tyler IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail, return receipt requested, to Ralph H. Tyler, 5101 South Shields
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- the past. Moreover, given the difficulties the parties have had in negotiating the New Contract, we are not sanguine that ninety days is a sufficient time frame to re-negotiate a contract. Accordingly, we order the parties to negotiate based on business needs and industry practice a reasonable termination clause. conclusion and ordering clauses Accordingly, IT IS ORDERED, pursuant to sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.1401-1.1418, that the relief requested in the Complaint IS GRANTED TO THE EXTENT INDICATED HEREIN. IT IS FURTHER ORDERED, pursuant to sections 0.111, 0.311, 1.1410, and 1.1415 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.1410, 1.1415, that Georgia Power cease and desist from enforcing the New
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- Enforcement Bureau within 30 days of the release of this order outlining what measures he has taken or will take to correct the violations and ensure that they do not recur. Mr. Autry's report must be submitted in the form of an affidavit or declaration. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Billy R. Autry IS LIABLE FOR A MONETARY FORFEITURE in the amount of $11,000 for willfully violating Section 73.49 of the Rules and willfully and repeatedly violating Section 73.1745 of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- NAL. Based on the information before us, we affirm the forfeiture. Order demonstrating that it has filed an antenna structure registration application. Best Country's report must be submitted in the form of an affidavit or declaration signed by an officer or director of Best Country. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Best Country Broadcasting, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully and repeatedly violating Section 17.4(a) of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- to cancel or reduce the proposed forfeiture on the basis of inability to pay. Finally, we will consider O'Quinn's contention that it has never been assessed a forfeiture. Based on O'Quinn's overall history of compliance, we will reduce the forfeiture amount to $3,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Farnell O'Quinn IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for failure to operate in accordance with the terms of the station authorization in willful violation of Section 73.1350(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- was given an NOV and an opportunity to cure the violation prior to issuance of the NAL. However, there is no requirement that the Commission issue an NOV or provide a violator an opportunity to cure a violation prior to issuing an NAL. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Pinnacle IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to clean and repaint its antenna structure to maintain good visibility, in willful violation of Section 17.50 of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission Washington, D.C. 20554 In the Matter of ) EB-03-IH-0053 ) ENTERCOM PORTLAND LICENSE, LLC ) ) Licensee of Station KNRK(FM), ) Facility ID # 51213 Camas, Washington ) ORDER Adopted: August 8, 2003 Released: August 11, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Order, issued pursuant to sections 0.111, 0.311 and 0.459(c) and (d)(2) of the Commission's rules, we deny the July 11, 2003, request of Entercom Portland License, LLC (``Entercom''), licensee of Station KNRK(FM), Camas, Washington, for confidential treatment of material that it submitted in response to an inquiry by the Enforcement Bureau. II. BACKGROUND 2. The Enforcement Bureau received a complaint that alleged that Entercom had broadcast
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- comments on how we can improve public warning in general and the EAS in particular at that point. In the meantime, we find it premature to engage in a rulemaking pertaining to one subpart of the EAS. Accordingly, IT IS ORDERED that, pursuant to Sections 4, 303(r), 624(g), and 706 of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.401(e) of the Rules, Lawson Associates's Petition for Rulemaking (RM-10425) IS DISMISSED WITHOUT PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau See 47 C.F.R. §§ 11.1-11.61. . Public Notice, Report No. 2544 (released Apr. 23, 2002); Commenters included the American Cable Association (supports Petition), BekTek, Inc. (opposes Petition), Michael Black (opposes Petition), and Lawson (supports Petition).
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- $500. Finally, we note that we have not received any recent complaints concerning Mr. Kluz's use of a linear amplifier. However, if we receive further complaints stemming from Mr. Kluz's improper use of a linear amplifier, we will take appropriate additional enforcement action. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Frank Kluz IS LIABLE FOR A MONETARY FORFEITURE in the amount of five hundred dollars ($500) for willful violation of Section 95.411 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- note that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, WDB Communications IS GRANTED a waiver of Section 11.11(a) of the Rules from October 8, 2002 until October 1, 2005 for the three captioned cable television systems. IT IS FURTHER ORDERED that WDB Communications IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS equipment by October 1, 2002.
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- note that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, USA Media Group, LLC IS GRANTED a waiver of Section 11.11(a) of the Rules from October 4, 2002 until October 1, 2005 for the 28 cable television systems in Attachment A. IT IS FURTHER ORDERED that USA Media Group, LLC IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Universal Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Universal Cablevision, Inc. place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent
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- note that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, City of Garber, Oklahoma, Garber Economic Development Authority d/b/a GEDA Cable IS GRANTED a waiver of Section 11.11(a) of the Rules from October 17, 2002 until October 1, 2005 for the captioned cable system. IT IS FURTHER ORDERED that City of Garber, Oklahoma, Garber Economic Development Authority d/b/a GEDA Cable IS ADMONISHED for violating
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- note that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Arlington TV Cooperative, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from October 17, 2002 until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Arlington TV Cooperative, Inc. IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS equipment by
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- note that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Nova Cable Management, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from November 6, 2002 until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Nova Cable Management, Inc. IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS equipment by
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- correct a violation is not a mitigating factor. Finally, based on the financial documentation provided by Mr. Joseph, we conclude that payment of the proposed $10,000 would impose a financial hardship on Mr. Joseph. Therefore, we will reduce the forfeiture from $10,000 to $1,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Mr. Odino Joseph IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willful violation of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- to comply with the requirements of Sections 73.3527(e)(4), 73.3527(e)(7), and 73.3527(e)(8). Based on our findings above, we do not reach a determination on the remainder of AFA's arguments. However, we admonish AFA for the public file violations. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 504(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the Notice of Apparent Liability for a Forfeiture, NAL/Acct. No. 200232560027, issued to American Family Association, Inc., for violation of Sections 11.35(a), 73.3527(e)(4), 73.3527(e)(7), and 73.3527(e)(8) of the Rules IS CANCELED. 11. IT IS FURTHER ORDERED that AFA IS ADMONISHED for its willful violation of Sections 73.3527(e)(4), 73.3527(e)(7), and 73.3527(e)(8). 12. IT IS FURTHER
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- note that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, TCSI Huntsville, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from October 1, 2002 until October 1, 2005 for the two captioned cable television systems. IT IS FURTHER ORDERED that TCSI Huntsville, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of
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- note that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, WNW Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from October 1, 2002 until October 1, 2005 for the two captioned cable television systems. IT IS FURTHER ORDERED that WNW Communications, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of
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- note that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Clearvison Cable Systems, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules from March 5, 2003 until October 1, 2005 for the six captioned cable television systems. IT IS FURTHER ORDERED that Clearvision Cable Systems, Inc. place a copy of these waivers in its system files. IT IS FURTHER ORDERED that a copy
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- note that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Litestream Technologies, LLC IS GRANTED waivers of Section 11.11(a) of the Rules from April 24, 2003 until October 1, 2005 for the two captioned cable television systems. IT IS FURTHER ORDERED that Litestream Technologies, LLC IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS equipment by October 1,
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- note that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Satellite Cable Services, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from October 1, 2002 until October 1, 2005 for the three captioned cable television systems. IT IS FURTHER ORDERED that Satellite Cable Services, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a
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- note that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Satellite Cable Services, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from October 1, 2002 until October 1, 2005 for the two captioned cable television systems. IT IS FURTHER ORDERED that Satellite Cable Services, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a
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- Commission's New York, New York Field Office (``New York Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to International. International has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (''Rules''), International Car Service, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 73.1560(a)(1) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Walker. Mr. Walker has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''), Ian R. Walker IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Wireless Direct Broadcast System IS GRANTED a waiver of Section 11.11(a) of the Rules from October 30, 2002 until October 1, 2005 for the captioned wireless cable television system. IT IS FURTHER ORDERED that Wireless Direct Broadcast System IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS equipment
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- note that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Williamson Road TV Co., Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from January 9, 2003 until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Williamson Road TV Co., Inc. IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS
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- note that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Advanced Technologies & Technical Resources, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from November 29, 2002 until October 1, 2005 for the three captioned cable television systems. IT IS FURTHER ORDERED that Advanced Technologies & Technical Resources, Inc. IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Alusma. Mr. Alusma has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''), Josue Alusma IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Small Town Cable Partners I, L.P. IS GRANTED a waiver of Section 11.11(a) of the Rules from November 29, 2002 until October 1, 2003 for the Chapel Hill and Surgoinsville, Tennessee cable television systems and IS GRANTED a waiver of Section 11.11(a) of the Rules from November 29, 2002 until October 1, 2005 for
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- note that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Matrix Cablevision, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules from December 20, 2002 until October 1, 2005 for the two captioned cable television systems. IT IS FURTHER ORDERED that Matrix Cablevision, Inc. IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS equipment by October 1,
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- note that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Cableview Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from January 9, 2003 until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Cableview Communications, Inc. IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to in stall EAS equipment by October1,
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- note that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Keene Valley Video, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from November 1, 2002 until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Keene Valley Video, Inc. IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS equipment by
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- to FCC auditors conducting an official investigation into violations by your employer, Connect2 Internet Networks, Inc. (``Connect2'') of the FCC rules governing the E-Rate schools and libraries internet funding program (``E-Rate program''). See United States v. Alvarez, Criminal Docket No. 1:03cr634, Felony Information at 1-2 (S.D.N.Y. filed May 20, 2003) (``Alvarez Felony Information''). 47 C.F.R. § 54.521; 47 C.F.R. § 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. § 54.521). 47 C.F.R. § 54.521(a)(4). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-9227, ļļ 67-74 (2003) (``Second Report and Order''). Second Report and Order, 18 FCC
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- Any further reference in this letter to ``your conviction'' refers to your May 22, 2003 guilty plea and conviction on this count based on your fraudulent scheme to obtain schools and libraries E-Rate program funds. See United States v. Angelides, Docket No. 1:03cr635, Felony Information (S.D.N.Y. filed May 20, 2003) (``Angelides Felony Information''). 47 C.F.R. § 54.521; 47 C.F.R. § 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. § 54.521). 47 C.F.R. § 54.521(a)(4). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-9227, ļļ 67-74 (2003) (``Second Report and Order''). Second Report and Order, 18 FCC
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- (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $7,000 to Coffee County. Coffee County has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Coffee County IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully violating Section 73.1125(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not
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- it relates to OCMC, Inc. in a separate order. Nothing herein constitutes a decision with respect to OCMC, Inc. 6. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 503(b), and Section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Motion to Dismiss the Notice of Apparent Liability with regard to One Call Internet, Inc. IS GRANTED. 7. IT IS FURTHER ORDERED that, a copy of this Order shall be sent by certified mail, return receipt requested, to counsel for One Call Internet, Inc., Steven A. Augustino,
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- Field Office (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $3,000 to Brewer. Brewer has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,J.L. Brewer Broadcasting of Cleveland, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully violating Section 17.4(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- this Order outlining what measures it has taken or will take to correct the violations and ensure that they do not recur. Air Paging's report must be submitted in the form of an affidavit or declaration signed by an officer or director of Air Paging. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Air Paging IS LIABLE FOR A MONETARY FORFEITURE in the amount of $9,000 for willfully and repeatedly violating Sections 1.903(a), 90.403(f) and 90.425(a) of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- the ASR number at the KSUH tower and the $10,000 forfeiture proposed in the NAL for failure to clean or repaint the KSUH tower as often as necessary to maintain good visibility. Accordingly, we reduce the total forfeiture amount from $22,000 to $10,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Jean J. Suh d/b/a Radio Hankook IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violations of Sections 11.35(a), 11.61 and 17.4(g) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- pursuant to the statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Calvary repeatedly violated Sections 17.4(g), 17.50 and 17.51(a) of the Rules and that the appropriate forfeiture amount is $10,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Calvary IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to post the ASR number, light and adequately paint the captioned antenna structure, in repeated violation of Sections 17.4(g), 17.50 and 17.51(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for
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- Field Office (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to WHYZ. WHYZ has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, WHYZ Radio, L.P. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully violating Section 11.35(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- failing to provide information and documents directed by the Bureau. We have further determined that WCSS is apparently liable in the amount of $10,000. 15. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), section 1.80 of the Commission's rules, 47 C.F.R. § 1.80, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§0.111, 0.311, that World Communications Satellite Systems, Inc. (``WCSS'') IS HEREBY NOTIFIED of an Apparent Liability for Forfeiture in the amount of $ 10,000 for willful and repeated violations of a Commission order as described in the paragraphs above. 16. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules,
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- (1) ECFS, the Commission's electronic filing system; or (2) EDOCs, the electronic database containing prior orders, public notices inviting comments and replies, or other matters posted by the Commission. This Public Notice does not affect the non-audit related accounting safeguards issues under the delegated authority of the Wireline Competition Bureau (WCB). This action is taken pursuant to 47 C.F.R. §§ 0.111(a)(15), 53.209(d), 53.211(e)(3), and 53.213(c)-(d). Contact Information For questions concerning this Public Notice, contact Ernestine Creech of the Investigations and Hearings Division at (202) 418-0820. By the Chief Auditor, Investigations and Hearings Division, Enforcement Bureau. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555
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- (1) ECFS, the Commission's electronic filing system; or (2) EDOCs, the electronic database containing prior orders, public notices inviting comments and replies, or other matters posted by the Commission. This Public Notice does not affect the non-audit related accounting safeguards issues under the delegated authority of the Wireline Competition Bureau (WCB). This action is taken pursuant to 47 C.F.R. §§ 0.111(a)(15), 53.209(d), 53.211(e)(3), and 53.213(c)-(d). Contact Information For questions concerning this Public Notice, contact Ernestine Creech of the Investigations and Hearings Division at (202) 418-0820. By the Chief Auditor, Investigations and Hearings Division, Enforcement Bureau. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555
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- (1) ECFS, the Commission's electronic filing system; or (2) EDOCs, the electronic database containing prior orders, public notices inviting comments and replies, or other matters posted by the Commission. This Public Notice does not affect the non-audit related accounting safeguards issues under the delegated authority of the Wireline Competition Bureau (WCB). This action is taken pursuant to 47 C.F.R. §§ 0.111(a)(15), 53.209(d), 53.211(e)(3), and 53.213(c)-(d). Contact Information For questions concerning this Public Notice, contact Ernestine Creech of the Investigations and Hearings Division at (202) 418-0820. By the Chief Auditor, Investigations and Hearings Division, Enforcement Bureau. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555
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- (1) ECFS, the Commission's electronic filing system; or (2) EDOCs, the electronic database containing prior orders, public notices inviting comments and replies, or other matters posted by the Commission. This Public Notice does not affect the non-audit related accounting safeguards issues under the delegated authority of the Wireline Competition Bureau (WCB). This action is taken pursuant to 47 C.F.R. §§ 0.111(a)(15), 53.209(d), 53.211(e)(3), and 53.213(c)-(d). Contact Information For questions concerning this Public Notice, contact Ernestine Creech of the Investigations and Hearings Division, Enforcement Bureau at (202) 418-0820. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov K L M N L
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- allocate among conspirators the responsibility for supplying goods and services for that project.'' See United States v. Maynard, Criminal Docket No. 1:03cr5325, Information at 2-3 (E.D.Cal. filed August 19, 2003) (``Maynard Felony Information''); United States v. Maynard, Criminal Docket No. 1:03cr5325, Plea Agreement at 6-7 (E.D.Cal. filed August 26, 2003) (``Maynard Plea Agreement''). 47 C.F.R. § 54.521; 47 C.F.R. § 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. § 54.521). 47 C.F.R. § 54.521(a)(4); Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-27, ļļ 67-74 (2003) (``Second Report and Order''); id. at Appendix B, 18 FCC Rcd
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- Mr. Woods willfully violated Section 303(n) of the Act and Section 95.426 of the Rules and we find that, while there is no basis for cancellation of the proposed monetary forfeiture, a reduction to $500 is warranted on the basis of financial hardship. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, William A. Woods IS LIABLE FOR A MONETARY FORFEITURE in the amount of five hundred dollars ($500) for willful violation of Section 303(n) of the Act and Section 95.426 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- to the Enforcement Bureau no more than thirty (30) days following the release of this order how he plans to achieve compliance with Section 17.4(a). Mr. Lankford's report must be submitted in the form of an affidavit or declaration signed by Mr. Lankford. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Dewey D. Lankford IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for failure to register his antenna structure, in willful violation of Section 17.4(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Act, Dewey D. Lankford must submit the report described in
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- review, we conclude that Clarke willfully and repeatedly violated Sections 73.1560(a) and 73.1745(a) of the Rules and willfully violated Sections 73.1350(a), 73.1350(c) and 73.1400 of the Rules. We find that there is no basis for cancellation or reduction of the proposed monetary forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Clarke IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000) for willful and repeated violation of Sections 73.1560(a) and 73.1745(a) of the Rules and willful violation of Sections 73.1350(a), 73.1350(c) and 73.1400 of the Rules Payment of the forfeiture shall be made in the manner provided for in Section
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- the United States Treasury. 3. After having reviewed the record and the Consent Decree, including the incorporated Compliance Plan, we believe that the public interest will be served by adopting the Consent Decree and terminating the Enforcement Bureau's forfeiture proceeding against Nextel WIP. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Act, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the Enforcement Bureau's forfeiture proceeding against Nextel WIP IS TERMINATED. 6. IT IS FURTHER ORDERED that Nextel WIP shall make its voluntary contribution to the United States Treasury by mailing a check or similar instrument, payable to the order of
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- as a condition of the waiver, Cunningham must include an insert with its bill to subscribers once a year alerting the subscribers that this channel will not carry the video portion of national EAS alerts because Cunningham has been granted a partial waiver of the EAS requirements with respect to this channel. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Cunningham Communications, Inc. IS GRANTED a temporary waiver of Section 11.11(a) of the Rules for the video portion of one channel on its Glen Elder, Kansas system which carries locally-inserted community programming, subject to the conditions specified herein. IT IS FURTHER ORDERED that Cunningham Communications, Inc. place a copy of this waiver in its
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- for this call, and inform the Defendant and Commission staff of the call-in information. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- 20554 In the Matter of ) ) COMPLAINTS AGAINST VARIOUS ) File No. EB-03-IH-0110 BROADCAST LICENSEES ) REGARDING THEIR AIRING OF ) THE ``GOLDEN GLOBE AWARDS'' ) PROGRAM ) ) MEMORANDUM OPINION AND ORDER Adopted: October 3, 2003 Released: October 3, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order, issued pursuant to Section 0.111(a)(7) of the Commission's rules, we deny complaints received from the Parents Television Council and from certain individuals who have alleged that various television station licensees aired program material during the ``Golden Globe Awards'' program on January 19, 2003, that violates the federal restrictions regarding the broadcast of obscene and indecent material. II. BACKGROUND 2. The complainants allege that the licensees
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- the 12-month waiver of Section 11.11(a) of the Rules granted for the captioned cable system is warranted. In particular, the information provided by Youngsville does not support financial hardship of a magnitude that would warrant a waiver extension to install EAS equipment. Accordingly, we deny Youngsville's request for an EAS waiver extension. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b), 0.311 of the Rules, Youngsville Television Corporation a/k/a Youngsville TV Corp.'s request for a waiver extension IS DENIED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail Return Receipt Requested to Felix Matthews, President, Youngsville Television Corporation a/k/a Youngsville TV Corp., 3 West Main Street, Youngsville, Pennsylvania 16371. FEDERAL COMMUNICATIONS COMMISSION Joseph
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- applicable to wireless cable systems with more than 5,000 but fewer than 10,000 subscribers until either the effective date of any changes adopted by the Commission to the EAS rules for wireless cable systems using digital technology, or 90 days after the Commission issues a decision declining to adopt any such changes. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Craig Wireless Honolulu Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules as specified herein and in all other respects its request for a waiver of Section 11.11(a) of the Rules IS DENIED. IT IS FURTHER ORDERED that Craig Wireless Honolulu Inc. place a copy of this waiver in its system file.
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- prior offenses, ability to pay, and such other matters as justice may require.'' Based upon the facts and circumstances presented here, we find that the base amount of Four Thousand Dollars ($4,000.00) to be the appropriate proposed forfeiture amount. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Tempe Radio, Inc., licensee of KUPD(FM), Tempe, Arizona, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of Four Thousand Dollars ($4,000.00) for willfully violating Section 73.1206 of the Commission's rules on October 3, 2002. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the rules, within thirty
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- can assess its ability to pay. Therefore, we decline to reduce the forfeiture amount on this basis. We do, however, agree with Commonwealth that their station appears to have an overall history of compliance. For this reason we reduce the forfeiture amount to $5,500. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Commonwealth License Subsidiary, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand five hundred dollars ($5,500) for failure to enclose its AM transmission system for Station KLMR(AM) within effective locked fences or other enclosures in willful violation of Section 73.49 of the Rules. Payment of the forfeiture shall be made
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- Statement as well. As a result of our review, we conclude that Sutro repeatedly violated Section 17.4(a) of the Rules and we find that, although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $2,400 is appropriate. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Sutro IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand four hundred dollars ($2,400) for failure to register its antenna structure, in repeated violation of Section 17.4(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- procedures may be followed whenever the Commission, in its discretion, determines that they will better serve the ends of justice.'' FBS has provided no information that warrants a hearing and we find that a hearing would not better serve the ends of justice. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, FBS IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty thousand dollars ($20,000) for failure to register and light its antenna structure and to enclose it with an effective locked fence, in repeated violation of Sections 17.4(a), 17.51(a) and 73.49 of the Rules. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311
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- of Violations regarding its apparent failure to comply with the Commission's antenna structure maintenance (painting and lighting) requirements. Given the relationship between and the common control of Hill Country and Concho, we do not believe that reduction of the $13,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Hill Country Real Estate Development Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen thousand dollars ($13,000.00) for its failure to clean and repaint an antenna structure, failure to exhibit red obstruction lighting from sunset to sunrise, and failure to ``immediately'' notify the Commission of the change in ownership of an
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Cumulus willfully violated Section 73.49 of the Rules, and we find no basis to rescind or reduce the $7,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Cumulus Licensing Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of Section 73.49 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Suwannee Cable TV. Suwannee Cable TV has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Suwannee Cable TV IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating Sections 76.605(a)(12) and 76.611(a)(1) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- decisions confirmed, that Max Media and its principals have an unblemished history of serving its broadcast communities in compliance with the Commission's regulations. After considering Max Media's past history, we conclude that a reduction of the remaining forfeiture amount ($11,000 as reduced) to $8,800 is appropriate. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Max Media of Montana, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand eight hundred dollars ($8,800.00) for failure to maintain its antenna structure lighting, for failure to maintain a functional automatic alarm system, and for failure to immediately notify the Commission of the change in ownership of antenna structure
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- decisions confirmed, that Max Media and its principals have an unblemished history of serving its broadcast communities in compliance with the Commission's regulations. After considering Max Media's past history, we conclude that a reduction of the remaining forfeiture amount ($11,000 as reduced) to $8,800 is appropriate. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Max Media of Montana, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand eight hundred dollars ($8,800.00) for failure to maintain its antenna structure lighting, for failure to maintain a functional automatic alarm system, and for failure to immediately notify the Commission of the change in ownership of antenna structure
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- the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Motion to Withdraw Amended Complaint IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau RCN Telecom Services of Philadelphia, Inc. v. PECO Energy Company and Exelon Infrastructure Services, Inc, Phase I Order, 17 FCC Rcd 25238 (Enf. Bur. 2002), petitions
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- documentation from which we can assess its ability to pay. Thus, we decline to reduce the forfeiture amount on this basis. Finally, Haviland requests that we consider its history of overall compliance. We will do so, and further reduce the forfeiture amount to $2,500. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Haviland IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand five hundred dollars ($2,500) for failure to exhibit the prescribed painting on its antenna structure in willful violation of Section 17.21 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Green. Mr. Green has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''), Patrick S. Green IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- Statement as well. As a result of our review, we conclude that AGM willfully and repeatedly violated Section 74.551(a)(3) of the Rules and willfully violated Section 74.1235(e) of the Rules, but we reduce the forfeiture proposed for these violations from $12,000 to $9,600. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, AGM-Nevada, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of nine thousand six hundred dollars ($9,600) for willful and repeated violation of Section 74.551(a)(3) of the Rules and willful violation of Section 74.1235(e) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- the Enforcement Bureau within 30 days of the release of this order outlining what measures it has taken or will take to correct the violations and ensure that they do not recur. Davies' report must be submitted in the form of an affidavit or declaration. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Davies Communications Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully and repeatedly violating Section 73.3526(a)(2) of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- that MariTEL willfully and repeatedly violated Section 80.90 of the Rules, but we reduce the forfeiture proposed for this violation from $4,000 to $3,200. In addition, we cancel the $3,000 forfeiture proposed in the NAL for violation of Section 1.5 of the Rules. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, MariTEL Mississippi River, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand two hundred dollars ($3,200) for willful and repeated violation of Section 80.90 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- and in compliance with Section 11.11(a). Based upon our review of the information submitted by Sterling, we conclude that Sterling's notification should be treated as a request for a temporary waiver of Section 11.11(a). We also conclude that a temporary waiver of Section 11.11(a) for the captioned wireless cable system is warranted. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, C&W Enterprises, Inc. d/b/a Sterling Cable IS GRANTED a waiver of Section 11.11(a) of the Rules until July 16, 2003 for the captioned wireless cable television system. IT IS FURTHER ORDERED that C&W Enterprises, Inc. d/b/a Sterling Cable place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a
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- the Enforcement Bureau within 30 days of the release of this order outlining what measures it has taken or will take to correct the violations and ensure that they do not recur. Chatterbox's report must be submitted in the form of an affidavit or declaration. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Chatterbox, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for willfully and repeatedly violating Section 11.61 of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- waivers of Section 1.2107(c) of the Commissions rules. Under the facts and circumstances of these cases and the basis of the waivers, as described in the WTB waiver order, we conclude that imposition of a forfeiture against these companies is not warranted." 3. Accordingly, pursuant to Section 4(i) and (j) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's rules, the aforementioned notices of apparent liability for forfeiture are, hereby, cancelled. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau See In re City Page & Cellular Services, Inc. d/b/a City Beepers, 17 FCC Rcd 26,214 (2002); In re Gabriel Wireless, LLC, 17 FCC Rcd 26,223 (2002); In re Golden Arrow Paging, Inc., 17
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- Agent Office (``Honolulu Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Ho'ona'auao. Ho'ona'auao has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Ho'ona'auao Community Television, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 11.61(a)(1)(v) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Charles. Mr. Charles has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Marcel Charles IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not
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- Office (``Kansas City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to AAT. AAT has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, AAT Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 17.51(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- Enforcement Bureau within 30 days of the release of this order outlining what measures it has taken or will take to correct the violation and ensure that it does not recur. Radio Centre's report must be submitted in the form of an affidavit or declaration. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Radio Centre, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully violating Section 73.49 of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- rate adjustments. We have carefully reviewed the pleadings related to the Petition, as well as the underlying record. Georgia Power has presented no information or argument that warrants a change in the Order's conclusions regarding the six pole attachment agreement provisions at issue. Accordingly, IT IS ORDERED, pursuant to section 405 of the Act, 47 U.S.C. § 405, and sections 0.111, 0.311 and 1.106(j) of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.106(j), that Georgia Power's Petition for Reconsideration IS DENIED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 1 Georgia Power Company's Petition for Reconsideration, File No. PA 01-002 (filed Sept. 8, 2003) (``Petition''). Cable Television Ass'n of Ga. v. Georgia Power Co., Order, DA 03-2613, 2003 WL
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- to clean or repaint the KCUL-FM Tower as often as necessary to maintain good visibility. However, based on Access.1's good faith efforts and history of overall compliance we reduce the forfeiture amount from ten thousand dollars ($10,000) to two thousand dollars ($2,000). IV. ORDERING CLAUSES 23. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Access.1 Communications Corp.-NY IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully violating Section 17.50 of the Rules. 24. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- an affidavit signed by an officer or director of the licensee. If J & W fails to submit such a report or we find that J & W has not come into compliance with our rules, we will consider further appropriate enforcement action. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, J & W Promotions, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000.00) for failure to have registered the antenna structure with the Commission, failure to have operational EAS equipment installed and failure to have an effective locked fence around the antenna structure, in willful and repeated violation
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- (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $15,000 to Small Town. Small Town has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Small Town Radio Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $15,000 for willfully and repeatedly violating Sections 11.35(a) and 73.49 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Clephar. Mr. Clephar has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission Rules (``Rules''), Daniel Clephar IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss is GRANTED, and that the Complaint and Request for Declaratory Ruling is DISMISSED with prejudice. 4. IT IS FURTHER ORDERED that the above-captioned proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Joint Motion to
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss is GRANTED, and that the Complaint is DISMISSED with prejudice. 4. IT IS FURTHER ORDERED that the above-captioned proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Joint Motion to Dismiss, File No. EB-02-MD-034 (filed
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- In the Matter of RADIO MOULTRIE, INC. Licensee, Station WMGA(AM), Moultrie, Georgia ) ) ) ) ) ) EB Docket No. 02-367 EB-01-IH-0259 Facility #54680 FRN #0007570443 ORDER OF REVOCATION Adopted: November 3, 2003 Released: November 4, 2003 By the Chief, Enforcement Bureau: I. Introduction 1. By this Order, acting pursuant to authority delegated to the Enforcement Bureau under Section 0.111(a)(16) of the Commission's rules, we revoke the above-captioned broadcast license held by Radio Moultrie, Inc. (``RMI'') for RMI's having violated Section 310(d) of the Communications Act of 1934, as amended (``the Act''), and Section 73.3540 of the Commission's rules, and for its having failed to follow the Commission's directives. We conclude, based upon the evidence of its conduct, that RMI
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Notesan's Request for Waiver of Commission Rule 1.718(a) IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of the Commission's rules, 47 C.F.R. § 1.718, are hereby waived, and the date that Notesan Pty Ltd. must
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- Director of the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Lovelock. Lovelock has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission Rules (``Rules''), Annetta Lovelock Enterprises Inc. d/b/a Rum Runner Caribbean Restaurant & Lounge IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- any other person or persons acting pursuant to delegated authority.'' While the Chief of the Bureau has delegated authority to act on requests for revocation of licenses pursuant to Sections 0.131(a) and 0.331 of the Commission's Rules, authority to resolve complaints filed pursuant to Section 208 of the Communications Act is placed within the Commission's Enforcement Bureau pursuant to Section 0.111(a)(1) of the Commission's Rules. Havens himself submits with his petition a copy of an electronic mail message from the Policy and Rules Branch of the Bureau's Public Safety and Private Wireless Division, noting that an informal request for Commission action pursuant to Section 1.41 of the Commission's Rules is a separate proceeding from a complaint to the Enforcement Bureau. Section
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- or change that adversely affects the emanation characteristics of the modified equipment will require a new verification and the submission of that new verification to the Enforcement Bureau. Failure to submit these required verification records may result in further enforcement action. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Johannus Orgelbouw b.v. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date
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- Director of the Commission's Tampa, Florida, Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $20,000 to Accessory. Accessory has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (''Rules''), Accessory Connection Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for willfully violating Sections 301 and 302(b) of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- with the Policy Statement as well. As a result of our review, we conclude that J4 Broadcasting willfully and repeatedly violated Sections 73.51(e)(2) and 73.1560(a)(1) of the Rules, and we find no basis to rescind or reduce the forfeiture proposed for these violations. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, J4 Broadcasting of Cincinnati, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for willful and repeated violations of Sections 73.51(e)(2) and 73.1560(a)(1) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- in conjunction with the Policy Statement as well. As a result of our review, we conclude that Radio X willfully violated Sections 17.50 and 73.3526(b) of the Rules and find that neither cancellation nor reduction of the proposed monetary forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Radio X Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty thousand dollars ($20,000) for willfully violating Sections 17.50 and 73.3526(b) of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- interest by promoting the private resolution of disputes and by eliminating the need for the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111, 0.311, and 1.106 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.106, that the Motion to Dismiss is GRANTED and that the InfraSource Petition for Reconsideration of the Phase I Order IS DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau RCN Telecom Services of Philadelphia, Inc. v. PECO Energy Company
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- Field Office (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Piedmont. Piedmont has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Piedmont Radio Co. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Sections 17.4(a) and 73.1125(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Third Consent Motion of Complainant For Extension of Time In Which To Convert Informal Complaint To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i),
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- yet establishes a reasonable deadline in the event that such an agreement proves unobtainable. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Lipscomb. Mr. Lipscomb has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission Rules (``Rules''), Tori Javier Lipscomb IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Motion To Dismiss the above-captioned complaint IS GRANTED. 5. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's
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- that when we gave JCTI a one-year extension rather than a two-year extension, JCTI did not then begin budgeting for EAS equipment and, indeed, now seeks an even longer extension (a total of 36 months from October 1, 2002) that we originally denied. Accordingly, we deny JCTI's request for a waiver extension. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Johnsonburg Community Television, Inc.'s request for a waiver extension IS DENIED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail Return Receipt Requested to counsel for Johnsonburg Community Television, Inc., Christopher C. Cinnamon, Esq., Cinnamon Mueller, 307 North Michigan Avenue, Suite 1020, Chicago, Illinois 60601. FEDERAL COMMUNICATIONS
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- issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $3,000 to P & G. P & G has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, P & G Properties, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully violating Section 17.4(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- forfeiture amount of $4,000 for a violation of Section 73.1216 of the rules. Based upon our review of all the pertinent factors as required by Section 503(b)(2)(D) of the Act, we believe that a $4,000 forfeiture is appropriate. V. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Isothermal Community College is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Four Thousand Dollars ($4,000) for willfully and repeatedly violating Section 73.1216 of the Commission's rules. 14. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days of the release of this
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- forfeiture amount of $4,000 for a violation of Section 73.1216 of the rules. Based upon our review of all the pertinent factors as required by Section 503(b)(2)(D) of the Act, we believe that a $4,000 forfeiture is appropriate. V. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Isothermal Community College is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Four Thousand Dollars ($4,000) for willfully and repeatedly violating Section 73.1216 of the Commission's rules. 14. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days of the release of this
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- (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $7,000 to Marshall County. Marshall County has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Marshall County Radio Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 73.49 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- SMC's report must be submitted in the form of an affidavit or declaration, under penalty of perjury, signed by an officer or director of the licensee. SMC should note that its continued noncompliance could result in additional enforcement action by the Enforcement Bureau. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, SMC IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand dollars ($11,000) for its failure to have operational EAS equipment and for its failure to register its antenna structure, in willful violation, respectively, of Sections 11.35(a) and 17.4(a) of the Rules. IT IS FURTHER ORDERED that, pursuant Section 308(b) of the
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- for further litigation and the expenditure of additional time and resources of the parties and this Commission. 4. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 252(e)(5) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 252(e)(5), and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and authority delegated by sections 0.111, and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the joint motion to dismiss with prejudice the above-captioned complaint filed by Cox and Verizon South IS GRANTED in its entirety. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 252(e)(5) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 252(e)(5), and
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- to the intentional unlicensed operation of a ``pirate'' station operator who operates its station in flagrant violation of Commission rules. In view of these circumstances, we determine that reduction of the $10,000 base forfeiture amount to five thousand dollars ($5,000) is warranted. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''), Gateway IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for willfully violating Section 301 of the Act. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of MCI WORLDCOM Network Services, Inc. Requesting Waiver of Section 1.718 of the Commission's Rules and an Extension of Time In Which to Convert Its Informal Complaint to a Formal Complaint and Toll the Limitations Period IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Stipulation of Dismissal With Prejudice is GRANTED, and that the Petition for Temporary Stay is DISMISSED with prejudice. 4. IT IS FURTHER ORDERED that the above-captioned proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Stipulation of Dismissal With
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- qualifications to be and to remain a Commission licensee and whether his captioned license should be revoked. For this reason, we are designating the matter for hearing before a Commission administrative law judge. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 312(a) and (c) of the Communications Act of 1934, as amended, and authority delegated pursuant to Sections 0.111, 0.311, and 1.91(a), of the Commission's rules, Roger Thomas Scaggs is hereby ORDERED TO SHOW CAUSE why his authorization for Amateur Radio Advanced Class License W5EBC SHOULD NOT BE REVOKED. Roger Thomas Scaggs shall appear before an administrative law judge at a time and place to be specified in a subsequent order and provide evidence upon the following issues: (a)
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- qualifications to be and to remain a Commission licensee and whether his captioned license should be revoked. For this reason, we are designating the matter for hearing before a Commission administrative law judge. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 312(a) and (c) of the Communications Act of 1934, as amended, and authority delegated pursuant to Sections 0.111, 0.311, and 1.91(a), of the Commission's rules, Roger Thomas Scaggs is hereby ORDERED TO SHOW CAUSE why his authorization for Amateur Radio Advanced Class License W5EBC SHOULD NOT BE REVOKED. Roger Thomas Scaggs shall appear before an administrative law judge at a time and place to be specified in a subsequent order and provide evidence upon the following issues: (a)
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- 30-year period. Based on these factors and the particular circumstances of this case, we find that M-H is apparently liable for a forfeiture penalty of $8,000 for its apparent willful and repeated failures to make the public file of Station WRTV(TV) available for inspection. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Commission's rules, that McGraw-Hill Broadcasting Co., Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Eight Thousand Dollars ($8,000.00) for willfully and repeatedly violating section 73.3526(c) of the Commission's rules. IT IS FURTHER ORDERED, pursuant to section 1.80(f)(3) of the Commission's rules that within thirty (30) days of the release
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- resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 5. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 252(e)(5) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 252(e)(5), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss is GRANTED, and that the Complaint is DISMISSED with prejudice. 6. IT IS FURTHER ORDERED that the above-captioned proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Formal Complaint, File No. EB-00-MD-20 (filed Nov. 27,
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- for complying with the EAS requirements. Under these circumstances, we believe that six months is sufficient time for WRYR-LP to install an EAS decoder, and accordingly grant WRYR-LP an additional six months from the date of the initial October 24, 2003 deadline to comply with the Commission's EAS rules. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Commission's rules, that the request of South Arundel Citizens for Responsible Development for a waiver of section 11.11(a) of the rules station WRYR-LP, is GRANTED, consistent with the discussion and conclusions in this Order. 7. IT IS FURTHER ORDERED that WRYR-LP, place a copy of this waiver in its station files. 8. IT IS FURTHER
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Barinowski willfully violated Section 17.50 of the Rules. However, we also find that reduction of the proposed monetary forfeiture to $8,000 is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Barinowski Investment Company, LP, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully violating Section 17.50 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Consent Motion to Dismiss is GRANTED, and that the Complaint is DISMISSED with prejudice. 4. IT IS FURTHER ORDERED that the above-captioned proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Consent Motion to Dismiss, File No. EB-02-MD-031 (filed
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- interest by promoting the private resolution of disputes and by eliminating the need for expenditure of further time and resources of the parties and this Commission. 5. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Petition for Reconsideration of the Bureau Order IS DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Complaint, File No. PA 00-001 (filed Feb. 2, 2000). Cable Telecommunications Association of Maryland, Delaware & the District of Columbia, et al.
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- other such matters as justice may require. After considering the record, the factors contained in section 503(b)(2)(D) of the Act, 47 U.S.C. §503(b)(2)(D), and the Forfeiture Policy Statement, we believe that a $4,000 forfeiture is appropriate in this case. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Commission's rules, that ABC, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Four Thousand Dollars ($4,000.00) for willfully violating section 73.1216 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty (30) days of the release of this Notice, ABC,
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- agreement; (b) the Bankruptcy Court had approved that settlement agreement on November 17, 2003; and (c) the order of the Bankruptcy Court became final on December 2, 2003. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Motion to Dismiss IS GRANTED, AND that the above-captioned Complaint that Touch America, Inc. filed against Qwest Communications International Inc., Qwest Corporation, And Qwest Communications Corporation IS DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA
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- agreement; (b) the Bankruptcy Court had approved that settlement agreement on November 17, 2003; and (c) the order of the Bankruptcy Court became final on December 2, 2003. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Motion to Dismiss IS GRANTED, AND that the above-captioned Complaint that Touch America, Inc. filed against Qwest Communications International Inc., Qwest Corporation, And Qwest Communications Corporation IS DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA
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- case, taking all of these factors into consideration, we find that the NAL properly proposed that the base forfeiture amount is the appropriate sanction for the violation described above. Consequently, Mr. Kaminski is liable for a forfeiture of Four Thousand Dollars ($4,000.00). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. § 503(b), and 47 C.F.R. §§ 0.111, 0.311 and 1.80, Donald W. Kaminski, Jr. FORFEIT to the United States the sum of Four Thousand Dollars ($4,000.00) for willfully violating 47 C.F.R. § 73.1015. Payment of the forfeiture may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture Collection Section, Finance Branch, Federal Communications Commission, P.O.
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- the Rules and was willful and repeated. Accordingly, cancellation of the $10,000 forfeiture for this violation is not warranted. However, we do find that Tower Properties' has a history of overall compliance, and we reduce the forfeiture amount from $10,000 to $8,000.00. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Tower Properties of Florida, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully and repeatedly violating Section 17.50 of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- will serve the public interest by promoting the private resolution of disputes and by eliminating the need for expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i) and 154(j), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Motion to Dismiss filed on behalf of Touch America in the above-captioned proceeding is GRANTED. IT IS FURTHER ORDERED, pursuant to section 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i) and 154(j), and the authority delegated in sections 0.111
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Fibervision, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2003 for three cable television systems in Laurel and Missoula, Montana; and Fairchild, Washington and IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for six cable television systems in Big Timber, Columbus, Forsyth, Hardin, Park
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- of our review, we conclude that Signal willfully violated Section 17.51(b) of the Rules. However, Signal's assertion is correct that it has no previous citations, and as a result we reduce the forfeiture amount to $8,000 based on its history of overall compliance. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Signal IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for failure to light the captioned antenna structure, in willful violation of Section 17.51(b) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- to pay the monetary forfeiture. We note that remedial actions taken to correct the violations, while commendable, are not mitigating factors. However, after reviewing the financial documentation, we conclude that reduction of the $19,000 forfeiture to $3,000 is warranted in this case. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Hunt Broadcasting Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for its violation of Sections 73.49, 73.1350(b)(2), 73.1350(c), 11.35(a), 73.3526(e)(5), 73.3526(e)(6), and 73.3526(e)(12) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- factors into consideration, we find that the NAL properly proposed that the compounded forfeiture amount of $10,000 is the appropriate sanction for the violations described above. Consequently, Minority is liable for a forfeiture of Ten Thousand Dollars ($10,000). V. ORDERING CLAUSES 18. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, that Minority Television Project, Inc., licensee of noncommercial educational Station KMTP-TV, San Francisco, California, FORFEIT to the United States the sum of Ten Thousand Dollars ($10,000) for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. § 399b, and Section 73.621 of the Commission's rules, 47 C.F.R.
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- (30) days following the release of this Order how it has achieved compliance with Section 17.21 of the Rules for antenna structure number 1040995. HCI's report must be submitted in the form of an affidavit signed by an officer or director of HCI. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, HCI IS LIABLE FOR A MONETARY FORFEITURE in the amount of nineteen thousand six hundred dollars ($19,600) for failure to maintain effective fencing around its antenna structures, failure to install prescribed lighting, and for exceeding authorized nighttime power limits, in willful and repeated violation of Sections 73.49, 17.21, and 73.1745(a) of the Rules. IT
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- non-United States Postal Service delivery (e.g., Federal Express, DHL, etc.), please send your response to Ms. Lee at the following address: Federal Communications Commission 9300 East Hampton Drive Capitol Heights, MD 20743 . Sincerely yours, Maureen F. Del Duca Chief Investigations and Hearings Division Enforcement Bureau cc: Joel M. Cohen, Greenberg Traurig, LLP Kristy Carroll, USAC See 47 C.F.R. §§ 0.111(a)(14), 54.521. Letter from Maureen F. Del Duca, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Oscar Alvarez, Notice of Suspension and Proposed Debarment, 18 FCC Rcd 16668 (2003). 68 Fed. Reg. 58836 (Oct. 2, 2003). See Notice of Suspension, 18 FCC Rcd at 16668-69 (imposing suspension pending the Bureau's final debarment determination) (Attachment 1). See id., 18
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- States Postal Service delivery (e.g., Federal Express, DHL, etc.), please send your response to Ms. Lee at the following address: Federal Communications Commission 9300 East Hampton Drive Capitol Heights, MD 20743 . Sincerely yours, Maureen F. Del Duca Chief Investigations and Hearings Division Enforcement Bureau cc: Mark S. Cohen, Cohen & Gressler, LLP Kristy Carroll, USAC See 47 C.F.R. §§ 0.111(a)(14), 54.521. Letter from Maureen F. Del Duca, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to John Angelides, Notice of Suspension and Proposed Debarment, 18 FCC Rcd 16672 (2003) (Attachment 1). 68 Fed.Reg. 56837 (Oct. 2, 2003). See Notice of Suspension, 18 FCC Rcd at 16672-73 (imposing suspension pending the Bureau's final debarment determination). See id., 18 FCC
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- Service delivery (e.g., Federal Express, DHL, etc.), please send your response to Ms. Lee at the following address: Federal Communications Commission 9300 East Hampton Drive Capitol Heights, MD 20743 . Sincerely yours, Maureen F. Del Duca Chief Investigations and Hearings Division Enforcement Bureau cc: Kenneth Alan Reed, Law Office of Kenneth Alan Reed Kristy Carroll, USAC See 47 C.F.R. §§ 0.111(a)(14), 54.521. Letter from Maureen F. Del Duca, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Duane Maynard, Notice of Suspension and Proposed Debarment, 18 FCC Rcd 18684 (2003). 68 Fed. Reg. 56839 (Oct. 2, 2003). See Notice of Suspension, 18 FCC Rcd at 18684-85 (imposing suspension pending the Bureau's final debarment determination) (Attachment 1). See id., 18
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- authorization. After having reviewed the record and the Consent Decree, including the incorporated Compliance Plan, we believe that the public interest will be served by adopting the Consent Decree and terminating the Enforcement Bureau's forfeiture proceeding against ESI. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the Enforcement Bureau's forfeiture proceeding against ESI IS TERMINATED. IT IS FURTHER ORDERED that ESI shall make its voluntary contribution to the United States Treasury by mailing a check or similar instrument, payable to the order of the Federal Communications
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- the Commission's rigorous rules, 47 C.F.R. §§ 1.720-1.736, should such a complaint be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the requests for extension ARE GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the
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- and Governmental Affairs Bureau Federal Communication Commission 445 12th Street, S.W. Washington, D.C. 20554 This order is issued pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 47 C.F.R. § 1.718. See Letter from Warren Firschein, Attorney, Market Disputes Resolution Division, Enforcement Bureau, FCC, to Christopher Karns, Attorney for Judware, and Marie Breslin, Attoney for Verizon, File No. IC-02-I0013921 (November 21, 2003);
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- find that the parties have shown good cause for us to dismiss O'Day's formal complaint with prejudice. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and section 1.727 of the Commission's rules, 47 C.F.R. § 1.727, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Joint Motion to Dismiss Formal Complaint with Prejudice filed by the parties to this proceeding IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and section 1.727 of
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- also specify whether instruction manuals which include the requisite Section 15.105(b) language is currently being included inside the packaging of the Talknet USB Headsets and whether the modified devices bear the required FCC labeling of Section 15.19 of the Rules. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Datel Design and Development, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 403 of the Act, Datel must
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- also specify whether instruction manuals which include the requisite Section 15.105(b) language is currently being included inside the packaging of the Talknet USB Headsets and whether the modified devices bear the required FCC labeling of Section 15.19 of the Rules. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Datel Design and Development, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 403 of the Act, Datel must
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Qwest Corporation's request for waiver of Rule 1.718 and for extension of time IS GRANTED. IT IS FURTHER ORDERED pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the
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- Foundation has demonstrated that the lyrics of ``Your Revolution,'' measured by contemporary community standards, are not patently offensive and therefore not indecent. Accordingly, we rescind the NAL. 10. In light of our decision rescinding the NAL, we dismiss as moot Sarah Jones's informal request filed October 2, 2002. IV. ORDERING CLAUSES 11. In view of the foregoing, pursuant to Sections 0.111(a)(7), 0.311 and 1.80(f)(3) of the Commission's rules, 47 C.F.R. §§ 0.111(a)(7), 0.311 and 1.80(f)(3), IT IS ORDERED THAT the Bureau's May 17, 2001 Notice of Apparent Liability for Forfeiture issued to The KBOO Foundation, licensee of noncommercial Station KBOO-FM, is hereby RESCINDED. 12. IT IS FURTHER ORDERED That, the informal request, filed pursuant to 47 C.F.R. § 1.41, by Sarah
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- related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we believe that the public interest will be served by adopting the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation of Motorola IS TERMINATED. IT IS FURTHER ORDERED that Motorola, Inc. shall make its voluntary contribution to the United States Treasury by mailing a check or similar instrument, payable to the order of the Federal Communications
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of MCI WORLDCOM Network Services, Inc. Requesting Waiver of Section 1.718 of the Commission's Rules and Further Extension of Time In Which to Convert Its Informal Complaint to a Formal Complaint and Toll the Limitations Period IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Cable One, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Cable One, Inc. place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Charter Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for 69 cable television systems listed in Attachment A. IT IS FURTHER ORDERED that Charter Communications, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order
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- is scheduled for delivery by October 15, 2002. Finally, TSI believes that it can bring its cable system into EAS compliance by November 1, 2002. Based upon our review of the information submitted by TSI, we conclude that a temporary, one-month waiver of Section 11.11(a) for the captioned cable system is warranted. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Telecom Supply, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until November 1, 2002 for the captioned cable television system. IT IS FURTHER ORDERED that Telecom Supply, Inc. place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Western Dakota Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. IT IS FURTHER ORDERED that Western Dakota Cable, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, New England Cablevision, Inc. and Flasher Cablevision, Inc. ARE GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. IT IS FURTHER ORDERED that New England Cablevision, Inc. and Flasher Cablevision, Inc. place a copy of this waiver in their system files. IT IS FURTHER
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Scott Telecom and Electronics, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the cable television system in Weber City, Virginia and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the cable television systems in Nickelsville, Virginia and Sandy Ridge,
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, SouthTel Communications, L.P. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the eleven captioned cable television systems. IT IS FURTHER ORDERED that SouthTel Communications, L.P. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, D & D Cable Systems, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the three captioned cable television systems. IT IS FURTHER ORDERED that D & D Cable Systems, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, CCS, LLC d/b/a Community Cable Service IS GRANTED a waiver of Section 11.11(a) of the Rules until April 1, 2003 for the cable television system in Liberty Lake, Washington and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the cable television systems in the Connell, Washington; Ione,
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, CableSouth, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for one cable television system listed in Attachment A and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for 40 cable television systems listed in Attachment A. IT IS FURTHER ORDERED that
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Mountain Shadows Cable TV Systems IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Mountain Shadows Cable TV Systems place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Heartland Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. IT IS FURTHER ORDERED that Heartland Cable TV, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Quality Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. IT IS FURTHER ORDERED that Quality Cablevision place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Fourth Consent Motion of Complainant For Extension of Time In Which To Convert Informal Complaint To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i),
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- conclude that a reduction of the forfeiture amount is warranted. We have reviewed the response in light of the statutory factors set forth above, and find that AWS and Vanguard have justified a reduction of the proposed forfeiture penalty from $9,000 to $3,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to 47 U.S.C. § 503(b), and 47 C.F.R. § 0.111, 0.311 and 1.80, that Vanguard Cellular Systems, Inc., FORFEIT to the United States the sum of three thousand dollars ($3,000) for willfully violating the Commission's rules that require U.S. carriers to report actual and forecast number usage. Payment of the forfeiture may be made by mailing a check or money order, payable to the order of the Federal Communications Commission,
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- PLDT (filed February 27, 2003). Ex parte letter from AT&T to Donald Abelson, Chief, International Bureau (filed March 3, 2003). See In the Matter of AT&T Corp., Proposed Extension of Accounting Rate Agreement for Switched Voice Service with Argentina re: Application for Review, Order on Review, 14 FCC Rcd 8306 (1999) at 8311-12, paras. 12-13. See also 47 C.F.R. § 0.111, note to para. (a)(1). See Argentina Order, 11 FCC Rcd 18,014, Order on Review, 14 FCC Rcd 8306 (1999); Peru Order, 14 FCC Rcd 8318. See also Aeronautical Radio v. FCC, 642 F.2d 1221 (D.C. Cir. 1980), cert denied, 451 U.S. 920 (1981); Cable & Wireless P.L.C., 166 F.3d 1224 (D.C. Cir. 1999). See supra note 84. Upon resumption of
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, North East TV Cooperative, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned wireless cable televisions systems. IT IS FURTHER ORDERED that North East TV Cooperative, Inc. place a copy of these waivers in its systems files. IT IS FURTHER ORDERED that a copy of
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- (``Bureau'') issued the Forfeiture Order based on its belief that Verizon Wireless had neither filed a timely response to the NAL nor paid the forfeiture. However, subsequent to the release of the Forfeiture Order, it has come to the Bureau's attention that Verizon Wireless paid the forfeiture on December 2, 2002. 2. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 0.111, 0.311 and 1.113 of the Rules, the Forfeiture Order released on January 30, 2003 IS HEREBY SET ASIDE. 3. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail, return receipt requested, to Verizon Wireless (VAW) LLC, Attention: Carol King, 30 Independence Boulevard, Warren, NJ 07059. FEDERAL COMMUNICATIONS COMMISSION David
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- the amount of $5000 for each of the violations of section 214 of the Act and sections 63.61, 63.71, and 63.505 of the Commission's rules. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), section 1.80 of the Commission's rules, 47 C.F.R. § 1.80, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§0.111, 0.311, that Arbros Communications, Inc. IS HEREBY NOTIFIED of an Apparent Liability for Forfeiture in the amount of $50,000 for willful or repeated violations of section 214(a) of the Act and sections 63.61, 63.71, and 63.505 as described in the paragraphs above. IT IS FURTHER ORDERED, pursuant to section 1.80 of
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Qwest Corporation's Request for waiver of Rule 1.718 and for Extension of Time IS GRANTED. IT IS FURTHER ORDERED pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the
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- statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Morgan willfully violated Section 17.21(a) of the Rules and find no basis for cancellation or reduction of the proposed $10,000 monetary forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Morgan IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to light and adequately paint the captioned antenna structure, in willful violation of Section 17.21(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Boulder Ridge Cable TV d/b/a Starstream Communications IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Boulder Ridge Cable TV d/b/a Starstream Communications place a copy of this waiver in its system files. IT IS FURTHER ORDERED that
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- and filed prior to the initial status conference. See, e.g., 47 C.F.R. §§ 1.726 (replies), 1.729 (discovery). Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 208, and 255 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 208, 255, section 1.3 of the Commission's rules, 47 C.F.R. § 1.3, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Unopposed Motion of Defendants to Modify Procedural Schedule IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION Colleen K. Heitkamp Chief, Telecommunications Consumers Division Enforcement Bureau See O'Day v. Audiovox Communications Corporation and Verizon Wireless, Notice of Formal Complaint (Deputy Chief, Telecommunications Consumers Division), rel. Feb. 28, 2003. The Notice inadvertently
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- Colorado Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $21,000 to Ramh. Ramh has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, (``the Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Ramh Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $21,000 for willfully violating Sections 73.1125, 73.1350, and 73.1400 of the Rules and willfully and repeatedly violating Section 73.1560 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- at all times when the site was unoccupied, the agent has stated that there was no gate on the property fence at the time he conducted the inspection and a section of the property fence had been removed to facilitate the construction of the tower. 9. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Wilson Broadcasting Co., Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 73.49 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of MCI WORLDCOM Network Services, Inc. Requesting Waiver of Section 1.718 of the Commission's Rules and Further Extension of Time In Which to Convert Its Informal Complaint to a Formal Complaint and Toll the Limitations Period IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- promoting the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Motion to Withdraw the above-captioned complaint IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules,
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, SM Cable Holdings, L.L.C. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2003 for 12 cable television systems and IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for 168 cable television systems listed in Attachment A. IT IS FURTHER ORDERED that SM Cable Holdings, L.L.C.
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- conclude that there are no substantial and material questions of fact as to whether SBC possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j) and 503(b) of the Communications Act, 47 U.S.C. §§ 154(i), 154(j) and 503(b), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree is ADOPTED. SBC shall make its voluntary contribution to the United States Treasury by mailing a check or similar instrument, or by wire transfer, payable to the order of the Federal Communications Commission, Forfeiture Collection Section, Finance Branch, P.O. Box 73482, Chicago, Illinois 60673-7482.
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Fifth Consent Motion of Complainant For Extension of Time In Which To Convert Informal Complaint To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i),
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of MCI WORLDCOM Network Services, Inc. Requesting Waiver of Section 1.718 of the Commission's Rules and Further Extension of Time In Which to Convert Its Informal Complaint to a Formal Complaint and Toll the Limitations Period IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections
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- Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Radio 810. Radio 810 has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, (``the Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Radio 810 IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Sections 73.1215(a), 73.1350(d)(2), and 73.1745(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- Omnipoint access to its facilities at just and reasonable rates in accordance with the Pole Attachment Act and the Commission's rules. Finally, we deny Omnipoint's request for attorney's fees and costs. The Commission has stated that it does not have the authority to award attorney's fees or costs in pole attachment complaint proceedings. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 0.111 and §§ 1.1401-1.1418, that the relief requested in the Complaint IS GRANTED TO THE EXTENT INDICATED HEREIN. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 1.1401-1.1418 of the Commission's Rules, 47 C.F.R. §§ 0.111 and 1.1401-1.1418, that, to the extent that Omnipoint continues to seek access to PECO's facilities,
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- the statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Mr. Hyppolite willfully violated Section 301 of the Act, but we reduce the forfeiture for this violation from $10,000 to $2,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Homere Hyppolite IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willful violation of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- conclude that East Tennessee willfully violated Section 17.57 of the Rules and that cancellation of the $3,000 forfeiture for this violation is not warranted. However, after considering East Tennessee's past history of compliance, we reduce the forfeiture amount from $3,000 to $2,400. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, East Tennessee IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,400 for willfully violating Section 17.57 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days of the release of this Order. If the forfeiture is not
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- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that the Needhams willfully violated Section 17.50 of the Rules, and we find no basis to rescind or reduce the $10,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, William L. Needham and Lucille Needham ARE LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 17.50 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that APCC Services,
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, ATC Cablevision Company IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. IT IS FURTHER ORDERED that ATC Cablevision Company place a copy of this waiver in its systems files. IT IS FURTHER ORDERED that a copy of this Order shall be
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- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, CVC TV LLC IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the cable system in Chowchilla, California and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for the cable systems in Planada and Le Grand, California. IT IS FURTHER ORDERED that
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Alsbrooks. Mr. Alsbrooks has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules), Billy Thomas Alsbrooks IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Upson. Mr. Upson has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules), William Davon Upson IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- that it has entered into a Consent Decree with the Enforcement Bureau and the Office of Engineering and Technology which terminates the Enforcement Bureau's investigation into the Vector battery chargers and resolves all matters related to Vector's petition for reconsideration. In this Order, we grant Vector's motion and dismiss its petition for reconsideration. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Rules, that Vector's motion to withdraw IS GRANTED and its October 23, 2003 petition for reconsideration IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Public Notice, Notice Regarding Non-Compliant Battery Chargers, DA 03-2923 (September 23, 2003). 47 U.S.C. § 302a(b). 47 C.F.R. § 2.803(a). Vector Products, Inc. d/b/a Vector Manufacturing, Ltd. Petition for
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- the Enforcement Bureau within 30 days of the release of this order outlining what measures it has taken or will take to correct the violations and ensure that they do not recur. Blountstown's report must be submitted in the form of an affidavit or declaration. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Blountstown Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $25,000 for willfully violating Sections 11.35, 73.49 and 73.3526(c) of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- of the Commission's Atlanta, Georgia Field Office (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $3,000 to Brown Broadcasting. Brown Broadcasting has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Brown Broadcasting System, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully and repeatedly violating Section 17.4(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 4. IT IS FURTHER ORDERED that the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that Complainants must convert their informal complaint
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- prior offenses, ability to pay, and such other matters as justice may require.'' Based upon the facts and circumstances presented here, we find the base amount of Four Thousand Dollars ($4,000.00) to be the appropriate proposed forfeiture amount. iv. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, WXDJ Licensing, Inc., licensee of WXDJ(FM), North Miami Beach, Florida, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of Four Thousand Dollars ($4,000.00) for willfully violating Section 73.1206 of the Commission's rules on October 3, 2002. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the rules,
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- SCAGGS Advanced Class Amateur Radio Operator and Licensee of Amateur Radio Station W5EBC ) ) ) ) ) ) ) EB Docket No. 03-241 File No. EB-02-IH-0886 ORDER OF REVOCATION Adopted: April 22, 2004 Released: April 23, 2004 By the Chief, Enforcement Bureau: introduction By this Order of Revocation, acting pursuant to authority delegated to the Enforcement Bureau under section 0.111(a)(16) of the Commission's rules, we revoke the above-captioned Amateur license held by Roger Thomas Scaggs. We conclude, based on the evidence of his conviction for murder, that Mr. Scaggs lacks the basic requisite character qualifications to be and remain a Commission licensee. background On November 21, 2003, the Commission, by the Chief, Enforcement Bureau, designated this case for hearing. The
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Green. Mr. Green has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules), Jason T. Green IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Feldman. Mr. Feldman has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules), Gary M. Feldman IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- of our review, we conclude that Johannus repeatedly violated Section 302(b) of the Act and Section 2.803(a) of the Rules. Due to Johannus's history of overall compliance, we find that a reduction of the forfeiture to the amount indicated above is in order. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Johannus Orgelbouw, b.v. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand, six hundred dollars ($5,600) for repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- this matter, we conclude that there are no substantial or material questions of fact as to whether WebLink and Metrocall each possess the basic qualifications to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's Rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the referenced investigation IS TERMINATED. IT IS FURTHER ORDERED that copies of this Order shall be sent by first class mail and certified mail, return receipt requested, to WebLink Wireless I, L.P., 3333 Lee Parkway, 12th Floor, Dallas, Texas 75219, with a copy
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- and Governmental Affairs Bureau Federal Communication Commission 445 12th Street, S.W. Washington, D.C. 20554 This order is issued pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 47 C.F.R. § 1.718. See Judware v. Verizon, Order, DA 04-577, 2004 WL 369089 (F.C.C.) (February 27, 2004); Judware v. Verizon, Order, DA 03-4110, 2003 WL 23095472 (F.C.C.) (December 31, 2003); Letter from Warren Firschein,
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- the required tower registration paperwork to the Commission, we have no evidence of any attempts by B&H to register the tower until three months after B&H was notified of the violation by the Dallas office, nor has B&H provided any such evidence. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, B&H Broadcasting Systems, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for its willful and repeated failure to register its antenna structure registration number 1236577 in violation of Section 17.4(a) of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in
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- statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Meade willfully violated Section 17.4(a)(2) of the Rules and find that neither cancellation nor reduction of the proposed monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Meade IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for failure to register its antenna structure, in willful violation of Section 17.4(a)(2) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- in the form of an affidavit signed by an officer or director of the licensee. If Citywide fails to submit such a report or we find that Citywide is still operating from an unauthorized location, we will consider further appropriate enforcement action. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, All American Citywide Rainbow Transit, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for willfully and repeatedly violating Section 90.403(a)(2) of the Rules. 13. IT IS ALSO ORDERED that, pursuant Section 308(b) of the Act, Citywide must submit the report described in Paragraph 11, above, within 30 days from the
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- the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree, we find that the public interest would be served by approving the Consent Decree and terminating the investigation. 4. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act, 47 U.S.C. §§ 154(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree IS ADOPTED. 5. AIN shall make its voluntary contribution to the United States Treasury by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Federal Communications Commission, Forfeiture Collection Section, Finance Branch, P.O. Box 73482, Chicago,
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- that accurately reflects the petitioner's current financial status''). Petracom offered to, but did not, provide any financial documentation in support of its requested adjustment or cancellation of the forfeiture, and thus we have no basis upon which to assess its inability to pay claim. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Petracom of Texarkana, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand four hundred dollars ($5,400) for its failure to comply with the EAS requirements, in willful and repeated violation of Section 11.35(a) of the Rules. For collection, the Commission will file a proof of claim at the appropriate time
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- long-established Commission policy that such an effort implemented after Commission notice of or action on a violation, while commendable, does not lessen, mitigate or excuse a past violation and thus does not present a factor that warrants cancellation or reduction of the assessed forfeiture. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Clear Channel Broadcasting Licenses, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for its failure to comply with the antenna structure painting requirements, in willful and repeated violation of Section 73.50 of the Rules. Payment of the forfeiture shall be made in the manner provided for in
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- As a result of our review, we conclude that New Eastern willfully and repeatedly violated Section 90.403(a)(2) of the Rules and we find that, although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount is appropriate as indicated above. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, New Eastern Car & Limo Service IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for its violation of Section 90.403(a)(2) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- in the form of an affidavit signed by an officer or director of the licensee. If Crews fails to submit such a report or we find that Crews has not come into compliance with Section 17.51(b), we will consider further appropriate enforcement action. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Crews IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for failure to light the captioned antenna structure, in willful violation of Section 17.51(b) of the Rules. IT IS ALSO ORDERED that, pursuant Section 308(b) of the Act, Crews must submit the report described in Paragraph 9, above, within
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- S. Fishel Managing Director APPENDIX For the reasons stated in the Order, the Federal Communications Commission amends 47 CFR parts 0 and 11 as follows: Part 0 - Commission Organization 1. The authority citation for part 0 continues to read as follows: Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155, 225, unless otherwise noted. 2. Revise § 0.111(a)(22) to read as follows: § 0.111 Functions of the Bureau. (a) * * * (22) Advise the Commission or responsible Bureau or Office regarding the enforcement and homeland security implications of existing and proposed rules. * * * * * 3. Revise the undesignated center heading preceding § 0.181 to read as follows: Homeland Security, Defense, and Emergency Preparedness Functions
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- on 103.9 FM without a license. He knew he had not received one. He chose to operate without a license. We reject his argument that he was simply testing the equipment. Accordingly, based on the above cited circumstances, we reject his request for mitigation. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Mr. Gabriel Dorcely IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- an unauthorized transmitter site. On October 30, 2003, the Enforcement Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Pacifica. Pacifica has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Pacifica Broadcasting Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 301 of the Act and Section 73.1690 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- MRJ's report must be submitted in the form of an affidavit or declaration, under penalty of perjury, signed by an officer or director of the licensee. MRJ should note that its continued noncompliance could result in additional enforcement action by the Enforcement Bureau. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, the forfeiture in the amount of twenty-two thousand dollars ($22,000) proposed in the December 26, 2002 NAL issued to MRJ, IS CANCELLED. IT IS FURTHER ORDERED THAT MRJ IS ADMONISHED for failure to conduct weekly EAS tests of the EAS header and EOM codes, failure to register its antenna structure with the Commission
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- discussed above, including the fact that the record contains evidence only of limited routing failures in one state, we find that CenturyTel is apparently liable in the amount of one hundred thousand dollars ($100,000). IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and sections 0.111, 0.311, and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.80, CenturyTel, Inc., CenturyTel of Washington, Inc., CenturyTel of Cowiche, Inc., and CenturyTel of Inter Island, Inc. are hereby NOTIFIED of their APPARENT LIABILITY FOR FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully and repeatedly violating Commission orders and section 52.26(a) of the
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- in conjunction with the Forfeiture Policy Statement as well. As a result of our review, we conclude that Metropolitan willfully violated Sections 73.1125(a) and 73.3526(b) of the Rules and that neither cancellation nor reduction of the proposed $12,000 monetary forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Metropolitan Radio, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars (12,000) for willfully violating Sections 73.1125(a) and 73.3526(b) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, sections 1.720-1.729 of the Commission's rules, 47 C.F.R. §§ 1.720-1.729, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion IS GRANTED, that the Complaint, the Supplemental Complaint and the Petition ARE DISMISSED WITH PREJUDICE, and this proceeding is hereby terminated. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 1 Formal Complaint, File No. EB-01-MD-007 (filed Mar. 21,
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- of the temporary waiver of Section 11.11(a) of the Rules for the captioned cable system is warranted. The information provided by Gilmer shows that a minimal extension is justified, but does not support a finding of financial hardship of a magnitude that would warrant a 12-month extension of the temporary waiver. 8. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b), 0.311 of the Rules, that Gilmer Cable Television Company's request for a waiver of section 11.11(a) of the Rules is GRANTED, consistent with the discussion and conclusions in this Order. 9. IT IS FURTHER ORDERED that Gilmer Cable Television Company place a copy of this waiver in its system file. 10. IT IS FURTHER ORDERED that a copy of
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- Interactive and give it to Staton, than to leave things as they currently stand. Accordingly, we deny the equitable relief that Staton requests. IV. ORDERING CLAUSES 30. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j), 201(b) and 208 of the Communications Act of 1934 as amended, 47 U.S.C. §§ 154(i), 154(j), 201(b), 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the above-captioned Complaint of Staton Holdings, Inc., against Sprint Communications Company, L.P. is DENIED, and that the Complaint of Staton Holdings, Inc. against MCI WorldCom Communications, Inc. is granted to the extent set forth herein. 31. IT IS FURTHER ORDERED, pursuant to Sections 1, 4(i) and 209 of
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- to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the forfeiture proceeding. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j) and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the Enforcement Bureau's forfeiture proceeding against Schumacher IS TERMINATED. IT IS FURTHER ORDERED that Schumacher Electric Corporation shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument, payable
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- As a result of our review, we conclude that Wings willfully violated Section 17.51(a) of the Rules. Moreover, we are not persuaded by Wings' mitigation claims. Accordingly, we find that there is no basis to cancel or reduce the assessed forfeiture amount. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Wings IS LIABLE FOR A MONETARY FORFEITURE in the amount of a total of ten thousand dollars ($10,000), for failure to light the captioned antenna structure, in willful violation of Section 17.51(a) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- the form of an affidavit signed by an officer or director of the licensee. If Pilgrim fails to submit such a report or we find that Pilgrim has not come into compliance with our main studio rule, we will consider further appropriate enforcement action. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Pilgrim Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand dollars ($11,000) for willfully and repeatedly violating Section 73.1125(a) of the Rules and willfully violating Sections 73.1560(a) and 73.1745(a) of the Rules. IT IS ALSO ORDERED that, pursuant Section 308(b) of the Act, Pilgrim must submit the report described
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- conjunction with the Policy Statement as well. As a result of our review, we conclude that Pilgrim willfully and repeatedly violated Sections 11.35, 73.1125(a), 73.1560(a) and 73.1745(a) of the Rules and that neither cancellation nor reduction of the proposed $19,000 monetary forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Pilgrim Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of nineteen thousand dollars ($19,000) for willful and repeated violation of Sections 11.35, 73.1125(a), 73.1560(a) and 73.1745(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- of the chief operator. Melodynamic's report must be submitted in the form of an affidavit or declaration, under penalty of perjury, signed by an officer or director of the licensee. Melodynamic should note that its continued noncompliance could result in additional enforcement action. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Melodynamic Broadcasting Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand dollars ($11,000) for its willful and repeated violation of Sections 1.89(b), 11.15, 73.51(d), 73.51(e)(2), 73.1225(d)(1), 73.1350(c)(1), 73.1560(a)(1), 73.1745 and 73.1870(b)(3) of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Louis. Mr. Louis has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules), Mr. Rony Richard Louis IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- Commission's New York, New York Field Office (``New York Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to L.A.C.A. L.A.C.A. has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules), L.A.C.A., State of New York, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- Broadcasting assigned the license for WSTN(AM) and is no longer a Commission licensee. Therefore, we conclude that cancellation of the forfeiture is warranted. Nevertheless, we find that it is appropriate to admonish Fayette County Broadcasting for its willful and repeated violation of Section 11.35(a). ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, the forfeiture in the amount of eight thousand dollars ($8,000) proposed in the November 5, 2002 NAL issued to Fayette County Broadcasting, IS CANCELLED. IT IS FURTHER ORDERED THAT Fayette County Broadcasting IS ADMONISHED for failure to install operational EAS equipment at Station WSTN(AM) in willful and repeated violation of Section 11.35(a) of
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- objective documentation that accurately reflects the petitioner's current financial status''). MPHD's submission of a single bank statement did not suffice and thus did not present any basis that would warrant reduction or cancellation of the assessed forfeiture for each of its violations. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Sections 503(a) and (b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Minority Business and Housing Development, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen dollars ($13,000) for its failure to comply with the terms and conditions of its authorization and its failure to comply with the EAS requirements, in willful and repeated violation of Sections 73.1350(a) and 11.35(a) of the Rules.
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- of the Commission's Philadelphia, Pennsylvania Field Office (``Philadelphia Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Best Wok. Best Wok has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Best Wok IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not
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- of our review, we conclude that Mr. Massett willfully violated Section 301 of the Act and we find that, while there is no basis for cancellation of the proposed monetary forfeiture, a reduction to $1,000 is warranted on the basis of financial hardship. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Mr. Massett IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- to reach those likely to qualify for the service or support. We find Pend Oreille apparently liable for $25,000. We also admonish the company for failing to respond in a timely and thorough manner to a Commission directive. 15. Accordingly, IT IS ORDERED, pursuant to 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80 that Pend Oreille Telephone Company IS HEREBY NOTIFIED of an Apparent Liability for Forfeiture in the amount of $25,000 for willful and repeated violations of Section 214(e)(1)(B) of the Act, 47 U.S.C. § 214(e)(1)(B) and sections 54.405(b) and 54.411(d) of the Commission's rules 47 C.F.R §§
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- no substantial and material questions of fact as to whether Qwest possesses the basic qualifications, including its character qualifications, to hold or obtain any Federal Communication Commission licenses or authorizations. Accordingly, IT IS ORDERED, pursuant to sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i) and 154(j), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above captioned investigation is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, DC 20554 In the Matter of Qwest Communications International Inc. ) ) ) ) ) File
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- numerous claims, particularly in light of the Court's recent opinion, we are satisfied that our action today serves the public interest. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 208, section 1.3 of the Commission's rules, 47 C.F.R. § 1.3, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that section 1.718(a) of the Commission's rules, 47 C.F.R. § 1.718(a), IS HEREBY WAIVED, with regard to the IPP EUCL informal complaints described herein and the deadline for the conversion and filing of these informal complaints into formal complaints is hereby extended to October 28, 2004. This waiver
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- the factors listed above, we find that reduction of the proposed forfeiture is warranted because of the compliance record of BLCI with the Commission's Rules. Accordingly, the forfeiture amount is reduced from four thousand dollars ($4,000) to three thousand two hundred dollars ($3,200). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Broadcast Learning Center's Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand, two hundred dollars ($3,200) for its willful and repeated violation of Section 74.532(c) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30
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- matters as justice may require. After considering the record, the factors contained in section 503(b)(2)(D) of the Act, 47 U.S.C. § 503(b)(2)(D), and the Forfeiture Policy Statement, we believe that a $4,000 forfeiture is appropriate in this case. V. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Commission's rules, that New Northwest Broadcasters, L.L.C. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Four Thousand Dollars ($4,000) for willfully violating section 73.1216 of the Commission's rules. 10. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty (30) days of the release of
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that AT&T Corp.
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- absence of material new evidence relating to this matter, we conclude that there are no substantial or material questions of fact as to whether Middle Georgia possesses the basic qualifications to be or remain a Commission licensee. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the referenced investigation IS TERMINATED. IT IS FURTHER ORDERED that copies of this Order shall be sent by regular first class mail and certified mail - return receipt requested, to Middle Georgia Communications, Inc., P.O. Box 832, Milledgeville, Georgia 31059-0832, and to its
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- absence of material new evidence relating to this matter, we conclude that there are no substantial or material questions of fact as to whether Middle Georgia possesses the basic qualifications to be or remain a Commission licensee. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the referenced investigation IS TERMINATED. IT IS FURTHER ORDERED that copies of this Order shall be sent by regular first class mail and certified mail - return receipt requested, to Middle Georgia Communications, Inc., P.O. Box 832, Milledgeville, Georgia 31059-0832, and to its
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- NAL pursuant to the statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Americom willfully and repeatedly violated Section 1.1310 of the Rules and that the appropriate forfeiture amount is $10,000. IV. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Americom IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failing to comply with radio frequency radiation maximum permissible exposure limits applicable to transmitters on towers, in willful and repeated violation of Section 1.1310 of the Rules. Payment of the forfeiture shall be made in the manner provided
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- As a result of our review, we conclude that Greenwood willfully violated Sections 73.49 and 73.3526(a)(2) of the Rules and find that given Greenwood's past history of overall compliance, we conclude that a reduction of the forfeiture amount ($17,000) to $13,600 is appropriate. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Greenwood Acres Baptist Church IS LIABLE FOR A MONETARY FORFEITURE in the amount of $13,600 for willfully violating Sections 73.49 and 73.3526(a)(2) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- 14, 2002. We note that Ad-Venture's remedial efforts were undertaken after the Field Office's investigation and release of the NOV. Therefore, we conclude that, while commendable, Ad-Venture's subsequent remedial actions are not mitigating circumstances that would warrant a further reduction of the forfeiture amount. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Ad-Venture Media, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000.00) for its failure to failure to comply with the antenna structure painting requirements, in willful and repeated violation of Section 17.50 of the Rules. Payment of the forfeiture shall be made in the manner provided for in
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- apply this definition to Section 503 of the Act as well as Section 312. See H.R. Rep. 97th Cong. 2d Sess. 51 (1982). See Southern California Broadcasting Company, 6 FCC Rcd 4387, 4388 (1991) and Western Wireless Corporation, 18 FCC Rcd 10319 at fn. 56 (2003). See Florida Power and Light Company, 17 FCC Rcd 7296 (2002). 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4). 47 U.S.C. § 504(a). See 47 C.F.R. § 1.1914. Federal Communications Commission DA 04-1600 Federal Communications Commission DA 04-1600 - 3 5 E G Ļ Č Ë Í û ū hZ @ū˙ $ Z ` Z Ķ
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- litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, sections 1.720-1.729 of the Commission's rules, 47 C.F.R. §§ 1.720-1.729, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Stipulation of Dismissal With Prejudice is GRANTED, and that the Complaint is DISMISSED with prejudice. 4. IT IS FURTHER ORDERED that the above-captioned proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Stipulation of Dismissal With Prejudice, File No.
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- gross revenues are the best indicator of its ability to pay a forfeiture. After reviewing the financial data submitted, we find no evidence in Floyd County Broadcasting's response that would support cancellation of the forfeiture or a reduction based upon inability to pay. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Floyd County Broadcasting, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for its willful and repeated violation of Section 11.35(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the
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- submit a report to the Enforcement Bureau within 30 days of the release of this Order confirming that it has repaired the lighting outage. Vector's report must be submitted in the form of an affidavit or declaration signed by an officer or director of Vector. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Vector Communications, Inc. d/b/a WCFI, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 17.51(a) of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- Virginia Field Office (``Norfolk Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to WBLB. WBLB has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, WBLB, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for repeatedly violating Section 11.35(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not paid
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- Commission's New York, New York Field Office (``New York Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Parkway. Parkway has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules), Parkway Luxury Ride, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- prior good behavior of Fun Media Group, we agree that the forfeiture amount should be reduced. Accordingly, we reduce the $10,000 forfeiture proposed by the Notice of Violation to $8,000 on the basis of a history of overall compliance with Commission Rules. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Fun Media Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for failure to clean and repaint its antenna structure to maintain good visibility, in willful violation of Section 17.50 of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in
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- substantial competitive harm. Specifically, we find that IKUSI has demonstrated that disclosure of the number of devices shipped by IKUSI for sale in the United States, as set forth in its response to question (1), could result in substantial competitive harm. Accordingly, we will accord confidential treatment to this information. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311, 0.459(c) and 0.459(d)(2) of the Rules, that the Confidentiality Request filed on April 26, 2004 by IKUSI-Angel Iglesias, S.A. IS GRANTED to the limited extent indicated herein and IS otherwise DENIED. IT IS FURTHER ORDERED, pursuant to Section 0.459(g) of the Rules, that IKUSI-Angel Iglesias, S.A. may file an application for review of this denial with the Commission within
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- but we conclude that a reduction of the forfeiture amount is warranted. We will reduce the ten thousand dollar ($10,000) monetary forfeiture to six thousand six hundred dollars ($6,600) because the children's programming records were in fact with the public inspection files, albeit misfiled. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Time Warner Entertainment - Advance/Newhouse Subsidiary, LLC d/b/a Time Warner Cable IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand six hundred dollars ($6,600) for willful and repeated violation of Section 76.1700(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- base damages amounts set forth in section III.D, supra. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and 276, sections 1.720-1.736 and 64.1300-64.1320 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, 64.1300-64.1320, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Complainants' Supplemental Complaint for Damages IS GRANTED to the extent indicated herein as to Complainants APCC Services, Inc., Data Net Systems, LLC, and Intera Communications Corp. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 276 of the Communications Act of 1934, as amended,
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- reviewing its bankruptcy filings and financial statements, we agree with Renaissance Radio and are canceling the proposed forfeiture. Nevertheless, we find that it is appropriate to admonish Renaissance Radio for its willful and repeated violation of Sections 11.35(a), 17.51(a), and 73.49 of the Rules. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the forfeiture in the amount of twenty-five thousand dollars ($25,000) proposed in the April 21, 2003 Notice of Apparent Liability issued to Renaissance Radio, Inc. IS CANCELLED. IT IS FURTHER ORDERED that Renaissance Radio, Inc. IS ADMONISHED for failure to maintain operational Emergency Alert System equipment, failure to exhibit all red obstruction lighting on
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- FM broadcast station. Clay's report must be submitted in the form of a sworn declaration. If Clay fails to submit such a report indicating that he has ceased operation, we will consider further appropriate enforcement action, including potential revocation of his amateur radio license. ordering clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Mark A. Clay IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully and repeatedly violating Section 301 of the Act. IS ALSO ORDERED that, pursuant Section 308(b) of the Act, Mr. Clay must submit the report described in Paragraph 3, above, within 30 days from the
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- herein. We have reviewed the Consent Decree and evaluated the circumstances underlying the Bureau's investigation. We believe that the public interest would be served by adopting the Consent Decree and terminating the investigatory proceeding, except as provided in the Consent Decree. ACCORDINGLY, IT IS ORDERED that, pursuant to sections 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached hereto IS ADOPTED. IT IS FURTHER ORDERED, that a copy of this Order and Consent Decree shall be sent by certified mail, return receipt requested to Levi E. Willis, Sr., President of the captioned licensees, 645 Church Street, Suite 400, Norfolk, VA 23510, with copies to the licensees' counsel, John
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- Equipment Authorization for General Mobile Radio Service Radios, FCC ID# OAJFR1-GPS ) ) ) ) ) ) ) EB Docket No. 04-28 EB-02-TS-588 FRN # 0005-8369-60 ORDER OF REVOCATION Adopted: June 14, 2004 Released: June 16, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION By this Order of Revocation, acting pursuant to authority delegated to the Enforcement Bureau under section 0.111(a)(17) of the Commission's rules, we revoke the above-captioned equipment authorization held by J Communications Co., Ltd. (``J Communications'') for its General Mobile Radio Service (``GMRS'') radios. We conclude, based on the evidence described herein, that the GMRS radios manufactured by J Communications under FCC ID# OAJFR1-GPS have the capability to transmit data, specifically Global Positioning System (``GPS'') location information, in
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- not, however, a basis for further reduction. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Sections 405, 503(b)(2)(d) and 504(b) of the Communications Act of 1934, as amended, and Sections 1.80(i) and 1.106 of the Rules, the Needham's petition for reconsideration IS GRANTED. IT IS FURTHER ORDERED that, pursuant to Sections 503(a) and (b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Pamal Broadcasting, Ltd., IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand four hundred dollars ($2,400) for its failure to comply with the notification requirement of the ASR rules, in willful and repeated violation of Sections 17.57 of the Rules. Payment of the forfeiture shall be made in the manner provided
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- As a result of our review, we conclude that NYRS willfully and repeatedly violated Section 1.903(a) of the Rules and we find that, although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $3,200 is appropriate. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, New York Radio Service IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for willfully and repeatedly violating Section 1.903(a) of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- any privilege or confidentiality that may have once attached to them. ordering clauses ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, sections 0.457 and 0.459 of the Commission's rules, 47 C.F.R. §§ 0.457 and 0.459, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that AT&T's requests for confidential treatment of the Subject Documents and for an order requiring AudioText to return to AT&T all copies of the Subject Documents, and precluding AudioText from introducing, referencing, and/or relying upon the document in this proceeding, are DENIED. IT IS FURTHER ORDERED, pursuant to section
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the request for extension of time to file complainants' formal complaint IS GRANTED. IT IS FURTHER ORDERED that the deadlines that otherwise would apply under section 1.718 of the Commission's rules, 47 C.F.R. § 1.718, are hereby waived, and the date that the Complainants must convert their informal
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- warranted because of Forrester's general history of compliance with the Commission's Rules and its good faith efforts to cure the violation prior to Commission involvement. Accordingly, the forfeiture amount is reduced from seven thousand dollars ($7,000) to four thousand four hundred dollars ($4,400). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Forrester ET AL , IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand four hundred eighty dollars ($4,400) for its willful violation of Section 73.49 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days
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- the factors listed above, we find that reduction of the proposed forfeiture is warranted because of the compliance record of STC with the Commission's Rules. Accordingly, the forfeiture amount is reduced from eight thousand dollars ($8,000) to six thousand four hundred dollars ($6,400). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Small Town Communications Partners I LP, IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand four hundred dollars ($6,400) for its willful violation of Sections 76.605(a)(12) and 76.611(a)(1) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules
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- reduced forfeitures based on bankruptcy filings. However, because it appears that M.J. Phillips has not relinquished control over the station, its bankruptcy filing, alone, does not preclude the imposition of forfeitures, and does not warrant reduction or cancellation of the proposed forfeiture. ordering Clauses Accordingly, IT IS ORDERED that, pursuant to Sections 503(a) and (b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, M.J. Phillips Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for its willful and repeated violations of Sections 73.1560(a)(1), 73.11.35(a), 11.52(d) and 17.4(a) of the Rules. For collection, the Commission will file a proof of claim at the appropriate time in M.J. Phillip's bankruptcy action. IT
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- information submitted by Pinpoint, we conclude that temporary waivers of section 11.11(a) of the rules for the above-captioned cable television systems, is warranted. In particular, we find that the estimated $59,500 cost to purchase and install EAS equipment at these recently acquired cable television systems could impose a financial hardship on Pinpoint. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0.204(b) and 0.311 of the rules, Pinpoint Communications, Inc.'s request for temporary waivers of section 11.11(a) of the rules is GRANTED until October 1, 2005, for the seven captioned cable television systems. IT IS FURTHER ORDERED that Pinpoint Communications, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDER that a copy of this Order
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- that temporary waivers of section 11.11(a) of the Rules for the 35 cable systems listed in Attachment A, is warranted. In particular, we find that the estimated cost of $350,000 to purchase and install EAS equipment at these recently acquired cable television systems could impose a financial hardship on LB Cable Georgia. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0204(b) and 0.311 of the rules, LB Cable Georgia LLC's request for temporary waivers of section 11.11(a) of the rules is GRANTED until October 1, 2005, for its 35 cable television systems listed in Attachment A. IT IS FURTHER ORDERED that LB Cable Georgia LLC place a copy of this waiver in its system files. IT IS FURTHER ORDERED that
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- that temporary waivers of section 11.11(a) of the Rules for the cable television systems in Ryegate, Hysham, and Harlowton, Montana are warranted. In particular, we find that the estimated $27,000 cost to purchase and install EAS equipment at these recently acquired cable television systems could impose a financial hardship on Mid-Rivers. 5. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0204(b) and 0.311 of the rules, Cable & Communications Corporation, d/b/a Mid-Rivers Cable Television's request for temporary waivers of section 11.11(a) of the rules is GRANTED until October 1, 2005, for its cable television systems in Ryegate, Hysham and Harlowton, Montana. 6. IT IS FURTHER ORDERED that Cable & Communications Corporation, d/b/a Mid-Rivers Cable Television place a copy of this
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- Communications Corp., 18 FCC Rcd 700, 702-03, para. 9 (Enf. Bur. 2003); Northeast Utilities, 17 FCC Rcd 4115, 4117, para. 13 (Enf. Bur. 2002). Forfeiture Order, NAL/Acct. No. 20033262003, DA 04-1306 (rel. May 12, 2004). See Ownership Report for Commercial Broadcast Stations, File No. BOA-20030917ABS, submitted by Metro Radio on September 17, 2003. 47 U.S.C. § 308(b). 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4). 47 U.S.C. § 504(a). See 47 C.F.R. § 1.1914. 47 U.S.C. § 308(b). (continued....) Federal Communications Commission DA 04-1770 Federal Communications Commission DA 04-1770 0 D G 5 ; ß
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- & Wireless' bankruptcy proceedings, rather than filing an entirely new formal complaint. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3, 1.716-18, and 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.716-18, 1.720-36, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Qwest's and U.S. South's Joint Request for Dismissal With Prejudice as to U.S. South IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3, 1.716-18, and 1.720-1.736
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- will provide the Illinois SECC with sufficient time to come into compliance with section 11.61(a)(1)(v) of the rules. Accordingly, all Illinois radio and television stations and subject cable systems may continue to adhere to the daytime schedule for the RMTs as stated in the Illinois State EAS plan until June 30, 2004. 5. Accordingly, IT IS ORDERED, pursuant to sections 0.111, 0.204(b) and 0.311 of the Commission's rules, that the Illinois State Emergency Communications Committee's request for waiver of section 11.61(a)(1)(v) of the Rules is GRANTED in part, consistent with the discussion and conclusions in this Order. 6. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail Return Receipt Requested to Warren Shultz, Chairman,
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- the licensees for the complained-of broadcasts. Viewing these circumstances in light of the Commission's clear directive (quoted above) regarding treatment of broadcast speech that allegedly advocates or incites violence, we conclude that no substantial question exists about the licensees' qualifications and that initiation of a revocation proceeding is not warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to section 0.111(a)(11) and 0.311 of the Commission's rules, that the above-described complaints filed against the licensees of Stations WDCG(FM), WMJI(FM), and KLOL(FM) are hereby DENIED. IT IS FURTHER ORDERED, that a copy of this Memorandum Opinion and Order be sent by first class mail to each of the complainants for which the Commission has a return address and to Richard W. Wolf,
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- and Governmental Affairs Bureau Federal Communication Commission 445 12th Street, S.W. Washington, D.C. 20554 This order is issued pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 47 C.F.R. § 1.718. See Judware v. Verizon, Order, DA 04-1099, 2004 WL 877367 (F.C.C.) (April 26, 2004); Judware v. Verizon, Order, DA 04-577, 2004 WL 369089 (F.C.C.) (February 27, 2004); Judware v. Verizon, Order,
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the request for extension of time to file complainants' formal complaint IS GRANTED. IT IS FURTHER ORDERED that the deadlines that otherwise would apply under section 1.718 of the Commission's rules, 47 C.F.R. § 1.718, are hereby waived, and the date that the Complainants must convert their informal
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- above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Pilgrim Communications, Inc. willfully and repeatedly violated Section 73.49 of the Rules and find that cancellation of the proposed monetary forfeiture is not warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and sections 0.111, 0.311 and 1.80(f) of the Rules, Pilgrim Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 73.49 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- The Conference Report for Section 312(f)(2) indicates that Congress intended to apply this definition to Section 503 of the Act as well as Section 312. See H.R. Rep. 97th Cong. 2d Sess. 51 (1982). See Southern California Broadcasting Company, 6 FCC Rcd 4387, 4388 (1991) and Western Wireless Corporation, 18 FCC Rcd 10319 at fn. 56 (2003). 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4). 47 U.S.C. § 504(a). See 47 C.F.R. § 1.1914. Federal Communications Commission DA 04-2005 Federal Communications Commission DA 04-2005 gd h h h h h h h gd gd h h h h h @ū˙ $ P R S Z  Ķ
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- The Conference Report for Section 312(f)(2) indicates that Congress intended to apply this definition to Section 503 of the Act as well as Section 312. See H.R. Rep. 97th Cong. 2d Sess. 51 (1982). See Southern California Broadcasting Company, 6 FCC Rcd 4387, 4388 (1991) and Western Wireless Corporation, 18 FCC Rcd 10319 at fn. 56 (2003). 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4). 47 U.S.C. § 504(a). See 47 C.F.R. § 1.1914. Federal Communications Commission DA 04-2013 Federal Communications Commission DA 04-2013 ; > C n s z { (c) Ē h gd @ū˙ @ū˙ $ Ą ĸ Ą ĸ h x Z  Ķ
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- above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Mr. DeNaples willfully violated Section 1.903(a) of the Commissions Rules, and we find no basis for rescinding or reducing the $4,000 forfeiture for this violation. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Dominic DeNaples IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for violating Section 1.903(a) of the Commission's Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- conclude that temporary waivers of section 11.11(a) of the Rules for the 20 cable systems listed in Attachment A, are warranted. In particular, we find that the estimated cost of $200,000 to purchase and install EAS equipment at these recently acquired cable television systems could impose a financial hardship on LB Cable. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0204(b) and 0.311 of the rules, LB Cable LLC's request for temporary waivers of section 11.11(a) of the rules is GRANTED until October 1, 2005, for its 20 cable television systems listed in Attachment A. IT IS FURTHER ORDERED that LB Cable LLC place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy
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- Cable Wyoming, we conclude that temporary waivers of section 11.11(a) of the Rules for the above-captioned cable systems, are warranted. In particular, we find that the estimated cost of $60,000 to purchase and install EAS equipment at these recently acquired cable television systems could impose a financial hardship on LB Cable Wyoming. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0204(b) and 0.311 of the rules, LB Cable Wyoming LLC's request for temporary waivers of section 11.11(a) of the rules are GRANTED until October 1, 2005, for the six above-captioned cable television systems in Wyoming. IT IS FURTHER ORDERED that LB Cable Wyoming LLC place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a
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- we conclude that temporary waivers of section 11.11(a) of the Rules for the ten above-captioned cable systems, are warranted. In particular, we find that the estimated cost of $100,000 to purchase and install EAS equipment at these recently acquired cable television systems could impose a financial hardship on LB South Carolina. 5. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0204(b) and 0.311 of the rules, LB Cable South Carolina LLC's request for temporary waivers of section 11.11(a) of the rules is GRANTED until October 1, 2005, for its ten above-captioned cable television systems in South Carolina. 6. IT IS FURTHER ORDERED that LB Cable South Carolina LLC place a copy of this waiver in its system files. 7. IT
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- Florida, we conclude that temporary waivers of section 11.11(a) of the Rules for the seven above-captioned cable systems, are warranted. In particular, we find that the estimated cost of $70,000 to purchase and install EAS equipment at these recently acquired cable television systems could impose a financial hardship on LB Cable Florida. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0204(b) and 0.311 of the rules, LB Cable Florida LLC's request for temporary waivers of section 11.11(a) of the rules is GRANTED until October 1, 2005, for its seven above-captioned cable television systems in Florida. IT IS FURTHER ORDERED that LB Cable Florida LLC place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a
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- we conclude that temporary waivers of section 11.11(a) of the Rules for the thirteen above-captioned cable systems, are warranted. In particular, we find that the estimated cost of $130,000 to purchase and install EAS equipment at these recently acquired cable television systems could impose a financial hardship on LB Cable Montana. 5. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0204(b) and 0.311 of the rules, LB Cable Montana LLC's request for temporary waivers of section 11.11(a) of the rules is GRANTED until October 1, 2005, for its thirteen above-captioned cable television systems in Montana. 6. IT IS FURTHER ORDERED that LB Cable Montana LLC place a copy of this waiver in its system files. 7. IT IS FURTHER ORDERED
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- under Section 503(b) of the Act, provides that ``[t]he term `willful,' ... means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or regulation of the Commission authorized by this Act ....'' See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991). 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4). 47 U.S.C. § 504(a). See 47 C.F.R. § 1.1914. Federal Communications Commission DA 04-2040 Federal Communications Commission DA 04-2040 % + 1 A l o r s { ' Ļ § (R) Ė Ī Ķ Ú ß į č ÷ h÷^ h÷^ @ū˙ @ū˙ $ ˛ ˇ Z ÷^ Ķ b
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- Los Angeles, California Field Office (``Los Angeles Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $20,000 to Mr. Mayo. Mr. Mayo has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''), Stanley Mark Mayo IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- Los Angeles, California Field Office (``Los Angeles Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $11,000 to Mr. Granda. Mr. Granda has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Daniel Granda IS LIABLE FOR A MONETARY FORFEITURE in the amount of $11,000 for willfully and repeatedly violating Sections 308(b) and 333 of the Act and Sections 97.101(b) and 97.101(d) of the Rules . 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- Field Office (``Los Angeles Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $2,000 to Sunbelt. Sunbelt has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Sunbelt Television, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for repeatedly violating Section 11.35(a) and 11.61(a)(1) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- questions of fact with respect to this matter as to whether CenturyTel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i) and 503(b), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above captioned investigation is TERMINATED and the Notice of Apparent Liability in this proceeding is RESCINDED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, DC 20554 In the Matter
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- need for further litigation and expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-36, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Madison River's and BellSouth's joint motion for dismissal with prejudice IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§
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- kind has been brought against Greater Boston regarding the complained-of broadcast. Viewing these circumstances in light of the Commission's clear directive regarding treatment of broadcast speech that allegedly advocates or incites violence, we conclude that no substantial question exists concerning Greater Boston's qualifications and that Commission action is not warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to sections 0.111(a)(11) and 0.311 of the Commission's rules, that the above-described complaints filed against Greater Boston Radio, Inc. are hereby DENIED. IT IS FURTHER ORDERED, that a copy of this Memorandum Opinion and Order be sent by first class mail or e-mail to each of the complainants for which the Commission has a return or e-mail address and to Greater Boston Radio,
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- and $1,460,000. Based on our review of the information provided by Charter, we agree that Charter has shown sufficient economic hardship to warrant temporary waivers of section 11.11(a) of the Rules for the 153 cable systems listed in Appendix A, and grant Charter a waiver of these rules until October 1, 2005. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Charter Communications, Inc. IS GRANTED a waiver of Sections 11.11(a), 11.52(d) and 11.61 of the Rules as specified herein and the request for a declaratory ruling IS DISMISSED AS MOOT because it was withdrawn by Charter Communications, Inc. IT IS FURTHER ORDERED that Charter Communications, Inc. place a copy of this waiver in its
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- found FNX to have a history of overall compliance with the Commission's rules, however, the NAL made no downward adjustment to reflect that determination. We therefore reduce the $17,000 forfeiture amount to $13,600 to reflect FNX's history of overall compliance with the Commission's rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, FNX Broadcasting, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen thousand six hundred dollars ($13,600) for willful and repeated violation of Sections 73.1125 and 73.3526(b) of the Rules at station WPHX(AM). Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- FNX to have a history of overall compliance with the Commission's rules, however, the NAL made no downward adjustment to reflect that determination. We therefore reduce the $17,000 forfeiture amount to $13,600 to reflect FNX's history of overall compliance with the Commission's rules. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, FNX Broadcasting, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen thousand six hundred dollars ($13,600) for willful and repeated violation of Sections 73.1125 and 73.3526(b) of the Rules at station WPHX-FM. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Chladek willfully violated Section 73.49 of the Rules, but we find that the forfeiture should be reduced to six thousand three hundred dollars ($6,300). ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, James Chladek, licensee of Station WMXC(AM), Parsippany-Troy, New Jersey. IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand three hundred dollars ($6,300) for his willful violation of Section 73.49 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- stations, we find that it is appropriate to propose a $20,000 forfeiture. Further, while PSN has tendered its Section 325(c) permit for cancellation, we find that such a post-remedial measure does not lessen, mitigate, or excuse its past violations of the Act. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Pacific Spanish Network, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willfully and repeatedly violating the express terms and conditions of its Section 325(c) permit. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the
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- record of Barnacle Broadcasting Company, Ltd, we agree that the forfeiture amount should be reduced. Accordingly, we reduce the $10,000 forfeiture proposed by the Notice of Apparent Liability to $8,000 on the basis of a history of overall compliance with Commission Rules. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Barnacle Broadcasting Company, Ltd IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willful violation of Section 17.51 of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- Further, Pacifica states it is a small business entity, in support of its request that the forfeiture be reduced, without providing any financial documentation. It is well established that reliance on small business status alone without substantiation of the inability to pay claim is insufficient. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Pacifica Foundation, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for its willful and repeated violation of Sections 11.61(a)(1)(i), 11.61(a)(2)(i)(A) and 73.1870(c)(3) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- and the factors listed above, we find that reduction of the proposed forfeiture is warranted because of the compliance record of Business Cell with the Commission's Rules. Accordingly, the forfeiture amount is reduced from ten thousand dollars ($10,000) to eight thousand dollars ($8,000). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Business Cell, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for its willful and repeated violation of Section 17.51(b) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release
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- antenna structure. Moreover, Clamor does not dispute that the violation was repeated. Finally, although Clamor claims to have resubmitted its antenna structure registration application to the Commission on July 20, 1999, there is no evidence to indicate that Clamor actually did so. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Clamor Broadcasting Network, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for its willful and repeated failure to register its antenna structure in violation of Section 17.4(a) of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- Airport records indicate that Servisair is not licensed to operate at Newark International Airport and is not now operating there. In addition to the forfeiture assessed here, we warn Servisair that any future operation without a license could lead to more severe enforcement action. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Servisair IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for its willful and repeated violation of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- As a result of our review, we conclude that Arnold willfully and repeatedly violated Section 301 of the Communications Act of 1934, as amended, and Section 11.61(a)(2) of the Rules, but we find that the forfeiture should be reduced to $6,000 for these violations. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Arnold Broadcasting Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000) for its violation of Section 301 of the Act and Section 11.61(a)(2) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the forfeiture proceeding. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended,and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the Enforcement Bureau's forfeiture proceeding against Unocal IS TERMINATED. IT IS FURTHER ORDERED that Union Oil Company of California shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar
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- factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Mr. Desinor willfully violated Sections 301 of the Act and find no basis for cancellation or reduction of the proposed $10,000 monetary forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Mr. Desinor IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- apply this definition to Section 503 of the Act as well as Section 312. See H.R. Rep. 97th Cong. 2d Sess. 51 (1982). See Southern California Broadcasting Company, 6 FCC Rcd 4387, 4388 (1991) and Western Wireless Corporation, 18 FCC Rcd 10319 at fn. 56 (2003). See PJB Communications of Virginia, Inc., 7 FCC Rcd 2088 (1992). 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4). 47 U.S.C. § 504(a). See 47 C.F.R. § 1.1914. (continued....) Federal Communications Commission DA 04-2346 Federal Communications Commission DA 04-2346 h hß 0 0 ü ß
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- the station. Accordingly, we cancel the proposed forfeiture. Nevertheless, we find that it is appropriate to admonish Cornell for its willful and repeated violation of 73.1350(b)(2) of the Rules and its willful violation of Section 73.3527(c) of the Rules. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, the forfeiture in the amount of thirteen thousand dollars ($13,000) proposed in the June 27, 2003 Notice of Apparent Liability issued to Cornell College IS CANCELLED. IT IS FURTHER ORDERED that Cornell College IS ADMONISHED for failure to maintain transmitter control and failure to make available the station's public file in willful and
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- as Section 312. See H.R. Rep. 97th Cong. 2d Sess. 51 (1982). See Southern California Broadcasting Company, 6 FCC Rcd 4387, 4388 (1991) and Western Wireless Corporation, 18 FCC Rcd 10319 at fn. 56 (2003). See Radio One Licenses, Inc., 18 FCC Rcd 15964 (2003). See South Central Communications Corp., 17 FCC Rcd 22701 (Enf. Bur. 2002). 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4). 47 U.S.C. § 504(a). See 47 C.F.R. § 1.1914. Federal Communications Commission DA 04-2388 Federal Communications Commission DA 04-2388 Đ`Đ $ ... D G
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- submitted by Clearvision, we conclude that temporary waivers of section 11.11(a) of the rules for the above-captioned cable television systems are warranted. In particular, we find that the estimated $30,000 cost to purchase and install EAS equipment at these recently acquired cable television systems could impose a financial hardship on Clearvision. 5. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0.204(b) and 0.311 of the rules, Clearvision Cable Systems, Inc.'s request for temporary waivers of section 11.11(a) of the rules is GRANTED until October 1, 2005, for the five captioned cable television systems. 6. IT IS FURTHER ORDERED that Clearvision Cable Systems, Inc. place a copy of this waiver in its system files. 7. IT IS FURTHER ORDERED that a
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- of the forfeiture amount is warranted. We will reduce the two thousand dollar ($2,000) monetary forfeiture to one thousand six hundred dollars ($1,600) because Pearson acted in good faith by taking action to correct the violation prior to the New Orleans Office agent's inspection. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Pearson Broadcasting of Mena, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand six hundred dollars ($1,600) for its willful and repeated violation of Section 11.61 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- including those related to character, to hold or obtain any FCC license or authorization. After reviewing the record and the terms of the Consent Decree, we believe that the public interest will be served by adopting the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation of Blackstone~NEY IS TERMINATED. IT IS FURTHER ORDERED that Blackstone~NEY Ultrasonics, Inc. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument, payable to
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- the last four years. Because Casey has presented financial information only with respect to this station and not his company overall, and has not provided any supporting documentation, we are not in a position to make a downward adjustment based on inability to pay. ordering clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Casey Network, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 73.49 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Wanda Doonan Trust willfully violated Section 17.50 of the Rules, but we reduce the forfeiture proposed for this violation from $10,000 to $1,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Wanda Doonan Trust IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for repeated violation of Section 17.50 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- Statement as well. As a result of our review, we conclude that CB willfully and repeatedly violated Section 17.4(a) of the Rules and we find that cancellation of the proposed monetary forfeiture is not warranted but a reduction to $2,400 is appropriate. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, CB Radio, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand four hundred dollars ($2,400) for its willful and repeated violation of Section 17.4(a) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- is appropriate. In so reducing the proposed forfeiture, we admonish Sauer for his deliberate, willful and repeated violations of the Part 97 of the Rules governing amateur radio operations, and caution Sauer that further violations may result in additional enforcement measures, including revocation of his license. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Ronald E. Sauer IS LIABLE FOR A MONETARY FORFEITURE in the amount of four hundred dollars ($400) for its deliberate, willful and repeated violations of Sections 97.101(d), 97.113(a)(4) and 97.119(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- as well. As a result of our review, we conclude that Pittman willfully violated Section 73.49 of the Rules, and that based on Pittman's history of compliance and current financial situation a reduction in the forfeiture amount from $7,000 to $3,000 is appropriate. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Pittman Broadcasting Services, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for willfully violating Section 73.49 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 504(b) of the Act, and Section 1.80 (f)(4) of the Rules, the portion of the NAL concerning Pittman Broadcasting Services,
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- in conjunction with the Policy Statement as well. As a result of our review, we conclude that Williams willfully violated Sections 73.49 and 73.3526(c)(1) of the Rules, but we reduce the forfeiture proposed for these violations from $17,000 to $9,200, based on Williams's financial showing. 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Marion R. Williams IS LIABLE FOR A MONETARY FORFEITURE in the amount of nine thousand, two hundred dollars ($9,200) for willful violation of Sections 73.49 and 73.3526(c)(1) of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- thirty (30) days following the release of this Order how it has achieved compliance with Sections 73.1125, 73.1745(a), and 73.3526(c)(1) of the Rules. RJM's report must be submitted in the form of an affidavit signed by an officer or director of RJM. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, RJM Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for its violation of Sections 73.1125, 73.1745(a), and 73.3526(c)(1) of the Rules. 7. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Act, RJM must submit the report described in Paragraph 5, above,
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- conclude that Mr. Jackson willfully and repeatedly violated Section 301 of the Communications Act of 1934, as amended. While we find no basis for canceling the forfeiture, we reduce the total amount of the forfeiture to $3,000 based on Mr. Jackson's inability to pay. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Donald Donovan Jackson IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for his violation of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Entravision repeatedly violated Section 17.57 of the Rules. We also conclude that neither cancellation nor reduction of the proposed $3,000 monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Entravision Communications Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for failure to notify the Commission of a change in the antenna structure's ownership information, in repeated violation of Section 17.57 of the Rules. Payment of the forfeiture shall be made in the manner provided for in
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- the assessed forfeiture amount due to a demonstrated inability to pay. After careful and complete review of all relevant factors, based on the above cited circumstances, we conclude that Mr. Selvanto willfully violated Section 301 of the Act and find no basis for mitigation. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Mr. Michael S. Selvanto IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- F.Supp. 1235 (N.D. Calif. 1998), aff'd on other grounds, 219 F.3d 1004 (9th Cir. 2000). We note that Mr. Simon's response alleged the Commission twice seized his equipment. This statement is factually incorrect. Mr. Simon voluntarily relinquished unlicensed radio equipment on February 20, 2003. The Commission has not received or seized any other equipment from Mr. Simon. 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4). 47 U.S.C. § 504(a). See 47 C.F.R. § 1.1914. (continued....) Federal Communications Commission DA 04-2489 Federal Communications Commission DA 04-2489 k Ú Ú Ū h 0 0 Ú - - a k f ß
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- the factors listed above, we find that reduction of the proposed forfeiture is warranted because of FTP's history of compliance with the Commission's Rules. Accordingly, the forfeiture amount is reduced from four thousand dollars ($4,000) to three thousand, two hundred dollars ($3,200). IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, FTP Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand, two hundred dollars ($3,200) for its repeated violation of Section 73.1745 of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- violated Sections 17.4(g) and 17.57 of the Commission's Rules, and, although we find no basis for canceling the proposed forfeiture, we reduce the total forfeiture amount to $4,600 based on Capstar's good faith effort to comply with Section 17.4(g) of the Commission's Rules. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Capstar Radio Operating Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand, six hundred dollars ($4,600) for failure to provide an ASR number at the base of its tower structure and failure to notify the Commission of a change in ownership information in violation of Sections 17.4(g) and 17.57 of
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- of employees or independent contractors have resulted in violations.'' Finally, although Acapulco states that it has programmed its equipment to operate only on its licensed frequency, we note that remedial actions taken to correct the violation, while commendable, are not mitigating factors. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Acapulco Car Service, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for its willful and repeated operation of radio transmitting equipment on an unauthorized frequency on July 9 and 10, 2002 in violation of Section 1.903(a) of the Rules. Payment of the forfeiture shall be made in
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- cancel the Notice of Apparent Liability for Forfeiture (the ``NAL'') issued in this proceeding against Edmund Dinis. After reviewing the record, we have concluded that the NAL was issued outside of the statute of limitations contained in section 503(b)(6) of the Communications Act of 1934, as amended (the ``Act''). 2. Accordingly, pursuant to section 503(b) of the Act, and sections 0.111 and 0.311 of the Commission's rules, the NAL is hereby cancelled. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau See Edmund Dinis, 17 FCC Rcd 24890 (EB 2002). 47 U.S.C. § 503(b)(6). 47 U.S.C. § 503(b). 47 C.F.R. §§ 0.111, 0.311. Federal Communications Commission DA 03-xxxx Federal Communications Commission DA 04-250 , %! Î!
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- willfully and repeatedly violated violations of Section 73.1745(a) of the Rules; and that 4M Communications willfully violated Section 17.50 of the Rules. We find that the proposed forfeitures against 4M of Richmond and 4M Communications should be reduced to the amounts indicated above. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, 4M of Richmond IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand six hundred dollars ($6,600) for willful violation of Section 73.49 of the Rules and for willful and repeated violations of Section 73.1745(a) of the Rules. IT FURTHER IS ORDERED that 4M Communications IS LIABLE FOR A MONETARY FORFEITURE in
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- Aberdeen and Nettleton systems to the Amory headend by the end of the first quarter of 2004, we do not believe that nine-month extensions are warranted for these systems. Rather, we conclude that six-month extensions of the temporary, 12-month waivers of Section 11.11(a) for the Aberdeen and Nettleton cable systems are warranted. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b), 0.311 of the Rules, Vista III Media, LLC IS GRANTED a waiver of Section 11.11(a) of the Rules until April 1, 2004 for the Aberdeen and Nettleton, Mississippi cable television systems and IS GRANTED a waiver of Section 11.11(a) of the Rules until July 1, 2004 for the Holly Springs, Mississippi cable television system. IT IS FURTHER ORDERED that
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- IKUSI imported and marketed its RCT Model TM60, which does not comply with the timing requirements set forth in Section 15.231(a). We therefore find it appropriate and consistent with precedent to propose a base forfeiture of $7,000 for importing and marketing non-compliant equipment. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, IKUSI, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803(a)(1) and 15.231(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty (30) days of
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- demonstrating that the required meaningful staff and management presence is being maintained at the WTRI studio. JMK's report must be submitted in the form of an affidavit or declaration, under penalty of perjury, signed by an officer or director of the licensee. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, JMK Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of eighteen thousand dollars ($18,000) for its willful violation of Sections 1.89, 73.49, and 73.1125(a) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days
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- forfeiture on the basis of inability to pay in the absence of financial documentation (e.g., federal tax returns, GAPP standard accounting statements, or other reliable, objective information). WCVC did not submit any financial documentation that would enable us to assess its ability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, WCVC, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000.00) for its failure to failure to effectively fence or enclose an antenna structure with radio frequency potential at its base, in willful violation of Section 73.49 of the Rules. Payment of the forfeiture shall be made in the
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- note that Playa del Sol claims to have a history of compliance with the Commission's Rules. Having found that Playa del Sol does have a history of compliance with the Commission's Rules, we believe a reduction of the forfeiture to $12,000 is warranted. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Playa del Sol Broadcasters, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand ($12,000) for its willful and repeated violations of Sections 73.1125, 11.35, and 11.61 of the Rules at station KRCK-FM. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
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- and 2002 in support of his inability to pay contention. We have reviewed the financial information submitted by Mr. Neely and find that this information does not provide a basis for cancellation. Indeed, the forfeiture is a very small percentage of Rejoice, Inc.'s gross revenues. 4`. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Frank Neely IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for his repeated violation of Section 73.1745(a) of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- a whole. Accordingly, we deny Verizon's request to admit the Documents into the record. IV. ORDERING CLAUSE 15. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Documents may not be entered into the record of this proceeding, and that Verizon's Answer is stricken. Commission staff will promptly issue a schedule for further actions to be taken in this proceeding. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau For purposes of this
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- that the parties have shown good cause for us to dismiss the Burbanks' formal complaint with prejudice. 7. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 208, and section 1.727 of the Commission's rules, 47 C.F.R. § 1.727, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Joint Motion to Dismiss Formal Complaint with Prejudice filed by the parties to this proceeding IS GRANTED. 8. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 208, and section 1.727 of
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- but not co-owned. Therefore, we find that Hull is in fact seeking a permanent rule change, which is inappropriate in the form of a waiver request. Accordingly, we find that Hull's request should be denied. Finally, because Hull has already installed EAS equipment, there is no need for a temporary waiver. 4. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b), 0.311 of the Rules, Hull Broadcasting, Inc.'s request for waiver of Section 11.51(j) of the Rules, IS DENIED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail Return Receipt Requested to counsel for Hull Broadcasting, Inc., Matthew H. McCormick, Reddy, Begley & McCormick, LLP, Suite 610, 1156 15th Street, N.W., Washington,
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- the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Motion to Withdraw Request for Reconsideration IS GRANTED and that all claims in the above-captioned proceeding ARE DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Pole Attachment Complaint, File No. PA 01-003 (filed Mar. 16, 2001) (``Complaint''). Amended
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- within two weeks of receipt. Classic has offered to notify the Commission when the equipment is installed. 5. Based on our review of the additional information submitted by Classic, we find that an extension of its temporary waivers of section 11.11(a) of the Rules for the above-captioned cable systems, are warranted. 6. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0.204(b) and 0.311 of the Rules, Classic Communications, Inc. IS GRANTED temporary waivers of section 11.11(a) of the Rules until October 1, 2004, for the above captioned cable systems. 7. IT IS FURTHER ORDERED that Classic Communications, Inc. notify the Director, Office of Homeland Security, Enforcement Bureau immediately upon installation of the EAS equipment at the above-captioned cable systems by
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- no substantial or material questions of fact with respect to this matter as to whether ICC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and the authority delegated by section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Letter from Hillary DeNigro, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Jeffrey J. Prosser, Chief Executive Officer,
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- and Governmental Affairs Bureau Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 This order is issued pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 47 C.F.R. § 1.718. See Judware v. Verizon, Order, DA 04-1874, 2004 WL 1432325 (F.C.C.) (June 24, 2004); Judware v. Verizon, Order, DA 04-1099, 2004 WL 877367 (F.C.C.) (April 26, 2004); Judware v. Verizon, Order,
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- and is not regulated. Based on our review of the record and of Freewave's website, we find no evidence that Freewave has marketed or is marketing bilateral amplifiers to the general public in violation of Section 15.204 of the Rules. We accordingly conclude that MDS's unsubstantiated allegations do not warrant further action. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 0.111 and 0.311 of the Rules, MDS's informal request for Commission action is dismissed to the extent indicated herein and is otherwise denied. IT IS FURTHER ORDERED that a copy of this Order be sent via first class mail and certified mail, return receipt requested, to counsel for MDS, Wayne V. Black, Esq., Keller and Heckman LLP, 1001 G Street, N.W.,
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- conclude that there are no substantial or material questions of fact as to whether New Edge possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above captioned investigation is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, DC 20554 In the Matter of New Edge Network, Inc. ) ) ) ) ) File
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- the statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Leon's Radio willfully violated Section 17.50 of the Rules and find no basis for a reduction of the proposed forfeiture amount. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Leon's Radio Broadcasting Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. §§ 201(b) and 203(c); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. (1996); 47
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- private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. §§ 201(b) and 203(c); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. (1996); 47
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- Hence, we find that the parties have shown good cause for us to dismiss O'Day's formal complaint with prejudice. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 208, section 1.727 of the Commission's rules, 47 C.F.R. § 1.727, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Joint Motion to Dismiss Formal Complaint with Prejudice filed by the parties to this proceeding IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 208, section 1.727 of the Commission's
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- After reviewing Rainbow's supporting documentation, we conclude that cancellation of the proposed $8,000 forfeiture is warranted based on the company's inability to pay. While we cancel the forfeiture, we admonish Rainbow for its repeated violation of Section 1.903(a) of the Rules. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the proposed forfeiture in the amount of one thousand dollars ($8,000.00) for apparent repeated violation of Section 1.903(a) of the Rules IS CANCELLED. IT IS FURTHER ORDERED that Rainbow Honolulu IS ADMONISHED for its repeated violation of Section 1.903(a) of the Rules. IT IS FURTHER ORDERED that a copy of this Order shall be
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- The Conference Report for Section 312(f)(2) indicates that Congress intended to apply this definition to Section 503 of the Act as well as Section 312. See H.R. Rep. 97th Cong. 2d Sess. 51 (1982). See Southern California Broadcasting Company, 6 FCC Rcd 4387, 4388 (1991) and Western Wireless Corporation, 18 FCC Rcd 10319 at fn. 56 (2003). 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4). 47 U.S.C. § 504(a). See 47 C.F.R. § 1.1914. 47 U.S.C. § 308(b). (continued....) Federal Communications Commission DA 04-2877 Federal Communications Commission DA 04-2877 š ŧ 0 ä ""Ú
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- (30) days following the release of this Order how it has achieved compliance with Section 17.4 of the Rules for its antenna structure. Palmetto's report must be submitted in the form of an affidavit signed by an officer or director of Palmetto. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Palmetto Broadcasting Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for its willful and repeated failure to register its antenna structure in violation of Section 17.4(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Act, Palmetto must submit the
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- the Enforcement Bureau by approximately October 31, 2003. Cell Page still has not submitted its tax returns. Without the appropriate financial documentation, we can not consider Cell Page's claim of inability to pay; therefore, we deny its request for reduction or cancellation of the forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Cell Page IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for its willful and repeated violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- warranted. Mr. Kamm's license application withdrawal will be processed by WTB concurrently with this Order. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act and Section 1.106 of the Rules, Mr. Kamm's petition for reconsideration of the June 6, 2003, Forfeiture Order IS GRANTED to the extent indicated herein. IT IS FURTHER ORDERED that, pursuant to Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the forfeiture in the amount of twelve thousand dollars ($12,000) assessed in the Forfeiture Order issued to Scott E. Kamm IS CANCELLED. IT IS FURTHER ORDERED THAT a copy of this Order shall be sent by first class mail and certified mail, return receipt requested, to Mr. Scott E. Kamm at his address of
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- Hip Hop's May 12, 2003 response to the NAL, including its statement that it is not the operator of the unlicensed radio transmitter. Based on our review of its response and the record before us, we conclude that cancellation of the proposed $10,000 forfeiture is warranted. Accordingly, IT IS ORDERED that, pursuant to Section 504(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, the forfeiture in the amount of ten thousand dollars ($10,000) proposed in the April 23, 2003 NAL issued to Hip Hop City Corp. IS CANCELLED. IT IS FURTHER ORDERED that, a copy of this Order shall be sent by Certified Mail Return Receipt Requested to Hip Hop City, 1236 Atlantic Avenue, Brooklyn, New
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- statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that ESI willfully violated Section 301 of the Act and find no basis for cancellation or reduction of the proposed $10,000 monetary forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, ESI IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that ESI willfully violated Section 301 of the Act and find no basis for cancellation or reduction of the proposed $10,000 monetary forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, ESI IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- the Enforcement Bureau no more than thirty (30) days following the release of this order how it plans to achieve compliance with Section 73.1745. WFNO's report must be submitted in the form of an affidavit or declaration signed by an officer or director. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, WFNO L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand six hundred dollars ($5,600) for willfully and repeatedly violating Section 73.1745 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Act, WFNO must submit the report described in Paragraph 13, above, no more than thirty
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- of compliance with the Commission's Rules. After considering WSJM's record of compliance, we conclude that although WSJM willfully violated the Commission's Rules, a reduction of the remaining forfeiture amount (sixteen thousand dollars ($16,000) as reduced) to twelve thousand eight hundred dollars ($12,800) is appropriate. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, WSJM, Inc.. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand eight hundred dollars ($12,800) for willfully violating Sections 11.52(d), 11.61(a)(2)(i)(A), 17.4(a), 17.47(a)(1), 17.51(a), 73.1820(a)(1)(i), 73.1820(a)(1)(iii), and 73.1870(c)(3) of the Commission's Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- of the Act on March 5, 2003 by operating a radio station on the frequency of 102.1 MHz without a license. We find no basis for cancellation or reduction of the proposed $10,000 monetary forfeiture based on Mr. Simon's response to the NAL. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Mr. Fritzner Simon IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- of the Act on March 5, 2003 by operating a radio station on the frequency of 102.1 MHz without a license. We find no basis for cancellation or reduction of the proposed $10,000 monetary forfeiture based on Mr. Simon's response to the NAL. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Mr. Fritzner Simon IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- ordered information (subject to the Commission's confidentiality rules) - as opposed to an adverse ruling on the merits of the case - will result in the purported harm it has identified. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and sections 0.111, 0.311, and 1.727 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.727, that Defendants' Request for Stay is DENIED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Defendants' Request for Stay, File No. EB-04-MD-006 (filed Aug. 31, 2004) (``Request for Stay''). Complainant EarthLink, Inc. opposes the Request for Stay. See EarthLink Opposition to SBC Stay Request, File No.
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- enforcement action, to be corrected, and does not believe that such corrective measures mitigate or warrant forfeiture cancellations or reductions for past violations. Based on the record, we thus do not find that cancellation or reduction of the proposed forfeiture of $3,000 is warranted. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Joe E. Ramsey and John Ramsey d.b.a. Ramsey and Ramsey IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for its willful violation of Section 17.4(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3, 1.716-18, and 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.716-18, 1.720-36, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request to Convert IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3, 1.716-18, and 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.716-18, 1.720-36,
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- establish that Southern Media engaged a contractor to coordinate reports and register the antenna structure more than a year prior to the Commission's on-site inspection. Under the circumstances, we believe a reduction of the $3,000 base forfeiture for that violation to $1,000 is warranted. Accordingly, IT IS ORDERED that, pursuant to Sections 503(a) and (b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Southern Media Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of nine thousand dollars ($9,000) for its willful violation of the EAS and antenna registration requirements set forth in Sections 17.4(a) and 11.35(a) of the Rules. Payment of the forfeiture must be made by check or similar instrument, payable to the
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- we conclude that there are no substantial or material questions of fact as to whether Company possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above captioned investigation is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, DC 20554 In the Matter of Manhattan ) NAL Account No. Telecommunications ) FRN No. 0004-3651-44
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- review, we conclude that Global willfully violated Section 301 of the Communications Act of 1934, as amended, and Section 74.103(c) of the Rules. We find no basis for rescinding or canceling the forfeiture due to an inability to pay, or for any other reason. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Global Radio, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand eight hundred dollars ($10,800) for its willful violations of Section 301 of the Act and Section 74.103(c) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- well. As a result of our review, we conclude that Union willfully and repeatedly violated Section 73.1745(a) of the Rules and willfully violated Section 73.3526(c) of the Rules. Further, we find that neither cancellation nor reduction of the proposed monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Union Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $18,000 for repeatedly and willfully violating Section 73.1745(a) of the Rules, and willfully violating Section 73.3526(c) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- well. As a result of our review, we conclude that Union willfully and repeatedly violated Section 73.1745(a) of the Rules and willfully violated Section 73.3526(c) of the Rules. Further, we find that neither cancellation nor reduction of the proposed monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Union Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $18,000 for repeatedly and willfully violating Section 73.1745(a) of the Rules, and willfully violating Section 73.3526(c) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that EICB willfully and repeatedly violated Section 73.3526 (c)(1) of the Rules and that reduction of the proposed $10,000 monetary forfeiture to $2,000 is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, EICB-TV L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully and repeatedly violating Section 73.3526(c)(1) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- to do so. Although Star suggests an inability to pay the forfeiture proposed in the NAL, it has presented no documentation in support of such a claim. We conclude, on balance, that the forfeiture amount is justified by the severity of the violations. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Star IS LIABLE FOR A MONETARY FORFEITURE in the amount of One Hundred Thousand Dollars ($100,000) for willfully and repeatedly violating section 1.2105(c) of the Commission's rules. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the
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- communications in which it engaged were proscribed. The violation committed by Northeast had the potential to affect the fundamental integrity of Auction No. 44. We conclude that the amount of the proposed forfeiture is justified in light of the severity of Northeast's misconduct. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Northeast IS LIABLE FOR A MONETARY FORFEITURE in the amount of One Hundred Thousand Dollars ($100,000) for willfully violating section 1.2105(c) of the Commission's rules. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Acct. No.
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- communications in which it engaged were proscribed. The violation committed by Northeast had the potential to affect the fundamental integrity of Auction No. 44. We conclude that the amount of the proposed forfeiture is justified in light of the severity of Northeast's misconduct. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Northeast IS LIABLE FOR A MONETARY FORFEITURE in the amount of One Hundred Thousand Dollars ($100,000) for willfully violating section 1.2105(c) of the Commission's rules. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Acct. No.
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- CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 405 of the Act and Section 1.106 of the Rules, Radio X's December 10, 2003 Petition for Reconsideration of the Enforcement Bureau's Forfeiture Order issued on November 10, 2003 IS GRANTED IN PART AND DENIED IN PART. IT IS ALSO ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Radio X Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of sixteen thousand dollars ($16,000) for willfully violating Sections 17.50 and 73.3526(b) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- level of participation, as appropriate. Pursuant to section 1.47(c) of the Commission's rules, the Bureau shall be served with documents in the same manner as other parties. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 224, and 405 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 224, 405, and sections 0.111, 0.311, 1.106, and 1.1411 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.106, 1.1411, that Gulf Power's Petition IS GRANTED to the extent indicated in this HDO; IT IS FURTHER ORDERED, that the above-captioned proceeding IS DESIGNATED FOR A HEARING before an ALJ, at a time and place to be specified in a subsequent Order, upon the following issue:
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- parties and of this Commission until such time as may actually be necessary. 5. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.722 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.722, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Innovative's Petition for waiver and extension of time IS GRANTED. 6. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadline for AT&T to file a supplemental complaint for damages under section 1.722 of the Commission's rules, 47 C.F.R. § 1.722, is extended until 60 days
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- the Policy Statement as well. As a result of our review, we conclude that Mercury willfully and repeatedly violated Sections 17.50 and 17.57 of the Rules. We find that the proposed forfeitures against Mercury should be reduced to the amount as indicated above. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Mercury Broadcasting Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand eight hundred dollars ($8,800) for willful and repeated violation of Sections 17.50 and 17.57 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- to the statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Mediacom willfully and repeatedly violated Section 17.51 of the Commission Rules. We find no basis for rescinding or canceling the forfeiture. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, MCC Georgia LLC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for its willful and repeated violation of Section 17.51 of the Commission's Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- AT&T Wireless Services, Inc., 17 FCC Rcd 21861, 21864-75 (2002); Sonderling Broadcasting Corp., 69 FCC 2d 289, 291 (1978); Odino Joseph, 18 FCC Rcd 16522, 16524, para. 8 (Enf. Bur. 2003); South Central Communications Corp., 18 FCC Rcd 700, 702-03, para. 9 (Enf. Bur. 2003); Northeast Utilities, 17 FCC Rcd 4115, 4117, para. 13 (Enf. Bur. 2002). 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4). 47 U.S.C. § 504(a). See 47 C.F.R. § 1.1914. (continued....) Federal Communications Commission DA 04-3149 Federal Communications Commission DA 04-3149 į č į č $ ŗ æ @ M @ @ @ @ @ @ @ M : : : : : : 0 į B L B M
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- Field Office (``Norfolk Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $18,000 to TPN. TPN has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, The Paradise Network of North Carolina, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $18,000 for willfully and repeatedly violating Sections 11.35 and 73.3526(c)(1) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- Communications Corp., 18 FCC Rcd 700, 702-03 (Enf. Bur. 2003); Northeast Utilities, 17 FCC Rcd 4115, 4117 (Enf. Bur. 2002). See Palouse Country, Inc., 17 FCC Rcd 183 (Enf. Bur. 2003) ($10,000 forfeiture reduced to $8,000 due to station's overall history of compliance, but station's remedial actions, while commendable were not a factor in considering the reduction). 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4). 47 U.S.C. § 504(a). See 47 C.F.R. § 1.1914. (continued....) Federal Communications Commission DA 04-3153 Federal Communications Commission DA 04-3153 õ , / 2 ~ Ŧ (R) ´ ĩ ˇ ž Û Ū â ķ ô õ 0 ņ ß n
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- Commission and refusing to allow an inspection of the operating transmitter. Mr. Pierre has submitted nothing warranting mitigation of the forfeiture amount and we find no basis for cancellation or reduction of the $17,000 forfeiture proposed for these violations. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Alexandre Pierre Abelard aka Abelard Pierre IS LIABLE FOR A MONETARY FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willfully violating Sections 301 and 303(n) of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- documentation in support of its contention. We have reviewed the financial documentation submitted by Butterfield and find that this information does not provide a basis for cancellation or reduction of the forfeiture. Indeed, the forfeiture is a very small percentage of Butterfield's gross revenues. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Butterfield IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willful and repeated violation of Section 73.3526(e)(1). 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- extension will facilitate the possible settlement of these numerous claims, we are satisfied that our action today serves the public interest. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 208, section 1.3 of the Commission's rules, 47 C.F.R. § 1.3, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that section 1.718(a) of the Commission's rules, 47 C.F.R. § 1.718(a), IS HEREBY WAIVED, with regard to the IPP EUCL informal complaints described herein and the deadline for the conversion and filing of these informal complaints into formal complaints is hereby extended to January 21, 2005. This waiver
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- The Conference Report for Section 312(f)(2) indicates that Congress intended to apply this definition to Section 503 of the Act as well as Section 312. See H.R. Rep. 97th Cong. 2d Sess. 51 (1982). See Southern California Broadcasting Company, 6 FCC Rcd 4387, 4388 (1991) and Western Wireless Corporation, 18 FCC Rcd 10319 at fn. 56 (2003). 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4). 47 U.S.C. § 504(a). See 47 C.F.R. § 1.1914. Federal Communications Commission DA 04-3183 Federal Communications Commission DA 04-3183 hT ų ú @ū˙ @ū˙ hT hT hT hT hT hT hT hT hT @ū˙ @ū˙ $ Æ ' | Ø 0 0 Z  Ķ T
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- is $7,000. In this case, VIA imported and marketed two unauthorized models of CPU boards. We find that a forfeiture amount of $7,000 is warranted for each unauthorized model. Accordingly, we are proposing a total forfeiture in the amount of $14,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, VIA Technologies, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the
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- Office (``New Orleans Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $20,000 to Konarz. Konarz has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jason Konarz IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for willfully and repeatedly violating Sections 11.35(a), 73.1745(a), and 73.3526(c) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Northern willfully and repeatedly violated Section 17.4 of the Rules, and we find no basis for rescinding or reducing the $3,000 forfeiture for this violation. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Northern Electric Cooperative, owner of the antenna structure located at approximately N 45° 27' 41'', W 98° 20' 15'', in Bath, South Dakota, IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for its violation of Section 17.4(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section
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- about May 17, 2004 of this count based on your participation in a fraudulent scheme to obtain schools and libraries E-Rate program funds. See United States v. Dotson, Docket No. 1:03cr01113BSJ, Indictment (S.D.N.Y. filed September 17, 2003) (``Dotson Indictment''); United States v. Dotson, Docket No. 1:03cr01113BSJ, Judgment (S.D.N.Y. May 17, 2004) (``Dotson Judgment''). 47 C.F.R. § 54.521; 47 C.F.R. § 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. § 54.521). 47 C.F.R. § 54.521(a)(4). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-9227, ļļ 67-74 (2003) (``Second Report and Order''). Second Report and Order, 18 FCC
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- for 10 of its other cable systems in Louisiana, Ohio, Oklahoma and Texas. By e-mail dated October 4, 2004, Classic notified the Commission that it had installed EAS equipment at all 10 of the systems. We expect that Classic would likewise comply with the new deadline as setforth in this Order. 6. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0.204(b) and 0.311 of the Rules, Classic Communications, Inc. IS GRANTED an extension of its temporary waiver of section 11.11(a) of the Rules until February 1, 2005, for the cable systems listed in Attachment A. 7. IT IS FURTHER ORDERED that Classic Communications, Inc. notify the Director, Office of Homeland Security, Enforcement Bureau immediately upon installation of the EAS equipment
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- sale of any system or systems is consummated to request a waiver of Section 11.11(a), submitting the information necessary to support a financial hardship showing. Any buyer that does not file a waiver request will be required to come into compliance with the EAS rules by the end of the 30-day period. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b), 0.311 of the Rules, SM Cable Holdings, L.L.C. IS GRANTED a waiver extension of Section 11.11(a) of the Rules until July 1, 2004 for the 12 captioned cable television systems. IT IS FURTHER ORDERED that SM Cable Holdings, L.L.C. place a copy of this waiver extension in its system files. IT IS FURTHER ORDERED that a copy of this
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- H.R. Rep. 97th Cong. 2d Sess. 51 (1982). See Southern California Broadcasting Company, supra, at 4388 and Western Wireless Corporation, 18 FCC Rcd 10319 at fn. 56 (2003). See, e.g., AT&T Wireless Services, Inc., 17 FCC Rcd 21866, 21871 (2002); Seawest Yacht Brokers, 9 FCC Rcd 6099 (1994); Station KGVL, Inc., 42 FCC 2d 258, 259 (1973). 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4). 47 U.S.C. § 504(a). See 47 C.F.R. § 1.1914. Federal Communications Commission DA 04-3240 Federal Communications Commission DA 04-3240 - / 0 4 F M Ĩ Ē ˇ Ķ å Æ h h h h h gd @ū˙ $ ę ę ę ę Y e Ī Z  Ķ Ĩ``f
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- a search of Commission records confirmed, that Station WPFC(AM) has a history of overall compliance with the Communications Act and the Commission's rules and regulations. After considering VPM's history of compliance, we find that a reduction of the proposed forfeiture to $20,000 is appropriate. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Victory & Power Ministries, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty thousand dollars ($20,000.00) for its willful violations of Sections 11.35(a), 73.49 and 73.3526(c) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- and Link-Up services ``in a manner reasonably designed to reach those who qualify'' for those services. However, as discussed above, Pend Oreille has shown mitigating circumstances sufficient to warrant a reduction of the forfeiture penalty to $20,000. 13. Accordingly, IT IS ORDERED THAT, pursuant to Sections 4(i) and 503(b) of the Act, 47 U.S.C. §§ 154(i) and 503(b), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80(f)(4) that Pend Oreille shall forfeit to the United States government the sum of $20,000 for willfully and repeatedly violating Section 214(e)(1)(B) of the Act, 47 U.S.C. § 214(e)(1)(B), and Sections 54.405(b) and 54.411(d) of the Commission's rules, 47 C.F.R. §§ 54.405(b), 54.411(d) as discussed in the
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- Perfect Fit failed to identify the subset of information in its response for which it seeks voluntarily-provided status. Moreover, it did not request the return of such information as required by Section 0.459(e). Accordingly, we need not consider whether any materials provided by Perfect Fit should be returned at this time. ordering clauses Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311, and 0.459(c), that the Request for Confidentiality filed on April 19, 2004 by Perfect Fit Industries, Inc., IS DENIED. IT IS FURTHER ORDERED that, pursuant to Section 0.459(g) of the Rules, that Perfect Fit Industries, Inc., may file an application for review of this denial with the Commission within five (5) working days of the release date of this
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- or (3) some other reliable and objective documentation that accurately reflects the petitioner's current financial status. Because Mr. Spiry has not provided adequate financial information from which we can determine his ability to pay the forfeiture, cancellation or reduction is not warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Mr. Robert A. Spiry IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Act. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- conclude that Crown Communication, Inc. failed to maintain good visibility of the antenna structure in willful and repeated violation of Section 17.50 of the Rules. We also acknowledge Crown's good faith efforts to address the violation. Thus, we reduce the forfeiture to $8,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Crown Communication, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for failure to clean and repaint its antenna structure to maintain good visibility, in willful and repeated violation of Section 17.50 of the Rules. Payment of the forfeiture shall be made in the manner provided for in
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- the Forfeiture Policy Statement as well. As a result of our review, we conclude that Paulino willfully and repeatedly violated Sections 73.1125, 11.35(a) and 73.3527(c)(1) of the Commission's Rules. Further, we find that neither cancellation nor reduction of the proposed monetary forfeiture is warranted. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Paulino Bernal Evangelism, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Sections 73.1125, 11.35(a) and 73.3527(c)(1) of the Commission's Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- additional safeguard requested by ACS is necessary and/or serves the public interest. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3, 1.716-18, and 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.716-18, 1.720-36, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Joint Motion to Dismiss Claims Against ACS of Fairbanks, Inc. and ACS of Alaska, Inc.; Request to Convert Claims Against ACS of Anchorage, Inc. to Claims in an Informal Complaint IS GRANTED to the extent indicated herein. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and
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- $25,000 forfeiture, we understand that coordination of Station XEMO's operations has recently been completed in compliance with the U.S.- Mexico treaty. However, consistent with precedent, we do not find that subsequent remedial measures lessen or excuse its past violations of the Act. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Uniradio Corp. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty five thousand dollars ($25,000) for willfully and repeatedly violating the express terms and conditions of its Section 325(c) permit. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release
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- to pay the assessed forfeiture. We reviewed the financial information submitted by Woodland and find that it does not provide a basis for cancellation or reduction. The forfeiture is a very small percentage of Woodland's gross revenues, and therefore does not warrant reduction. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Woodland Radio, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for its willful and repeated violation of Sections 74.551(a)(2), 74.551(a)(3), and 74.561 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- to pay the assessed forfeiture. We reviewed the financial information submitted by Woodland and find that it does not provide a basis for cancellation or reduction. The forfeiture is a very small percentage of Woodland's gross revenues, and therefore does not warrant reduction. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Woodland Radio, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for its willful and repeated violation of Sections 74.551(a)(2), 74.551(a)(3), and 74.561 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- ``sell the stations and leave the broadcasting business.'' Whereas Big Island's documentation establishes that it has consistently operated at net losses, we nevertheless find that it has generated sufficient gross revenues such that payment of the reduced forfeiture will not pose a financial hardship. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Big Island Radio IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand three hundred dollars ($1,300.00) for repeated violations of Sections 11.35(a) and 11.61 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- has acknowledged the benefits of the SAM system as an emergency alerting mechanism for the hard-of-hearing and deaf communities. We believe that this system can also provide substantial benefits in areas of the country, such as the areas served by Great Plains, which are prone to tornadoes and other severe weather emergencies. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b), 0.311 of the Rules, Great Plains Cable Television, Inc. IS GRANTED a waiver extension of Section 11.11(a) of the Rules until October 1, 2005 for the Elgin and Grant, Nebraska cable television systems. IT IS FURTHER ORDERED that Great Plains Cable Television, Inc. place a copy of this waiver extension in its system files. IT IS FURTHER ORDERED that
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- of our review, we conclude that Ross willfully violated Sections 11.35(a) and 73.3526(c)(1) of the Rules, and that it willfully and repeatedly violated Section 17.4 of the Rules, and we find no grounds to reduce or cancel the forfeiture amount proposed in the NAL. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Jesse C. Ross and Ernestine A. Ross, licensee of Station WSAO(AM), in Senatobia, Mississippi, IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for its willful and repeated violation of Sections 17.4 of the Rules, and willful violation of Sections 73.3526(c)(1), and 11.35(a) of the Rules. IT IS FURTHER
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- we conclude that AAT willfully violated Section 17.50 of the Rules by failing to clean or repaint its antenna structure as often as necessary to maintain good visibility. We find that AAT is liable for the proposed forfeiture amount of ten thousand dollars ($10,000). ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, AAT Communications Corporation, Owner of Antenna Structure #1005728 near Harrisonville, Missouri IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for its willful violation of Section 17.50 of the Rules. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal
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- (further reducing the proposed forfeiture from $11,000 to $8,800 for antenna structure lighting and registration violations due to the licensee's history of overall compliance); South Central Communications Corp., 18 FCC Rcd 700, 702 (Enf. Bur. 2003) (reducing the proposed forfeiture from $10,000 to $8,000 for antenna structure lighting violations due to the licensee's history of overall compliance). 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4). 47 U.S.C. § 504(a). See 47 C.F.R. § 1.1914. Federal Communications Commission DA 04-3317 Federal Communications Commission DA 04-3317 Æ % ! 5 = > ? E L N P Q R V d j r s v z ° ą ŧ Ŋ Ę Í h h gd @ū˙ $ Ī Z  Ķ
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- District Director of the Commission's Detroit, Michigan Field Office (``Detroit Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $7,000 to Paladen. Paladen has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Paladen Communications, Inc., a/k/a CB Shop, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.815(b) and 2.815(c) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- new evidence relating to this matter, we conclude that there are no substantial or material questions of fact as to whether Fort Wayne possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the confidential complaint dated June 23, 2003, IS DISMISSED. IT IS FURTHER ORDERED that the referenced investigation IS TERMINATED. IT IS FURTHER ORDERED that copies of this Order shall be sent by regular first class mail and certified mail - return receipt requested,
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- See Joseph Frank Ptak, 14 FCC Rcd 9317, 9320, para. 13 (1999). See Red Lion Broadcasting Co. v. FCC, 395 U.S. 367, 388 (1969); National Broadcasting Co. v. United States, 319 U.S. 190, 227 (1943); see also United States v. Dunifer, 997 F.Supp. 1235 (N.D. Calif. 1998), aff'd on other grounds, 219 F.3d 1004 (9th Cir. 2000). 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4). 47 U.S.C. § 504(a). See 47 C.F.R. § 1.1914. (continued....) Federal Communications Commission DA 04-3328 Federal Communications Commission DA 04-3328 R øé 0 Ô á ä
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- forfeiture amount. We conclude that the proposed forfeiture, $50,000, is reasonable based on all the evidence in the record, including the most recent gross revenue information Arbros submitted. IV. ordering clauses 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Arbros Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fifty thousand dollars ($50,000) for willfully or repeatedly violating Section 214 of the Act and Sections 63.61, 63.71, and 63.505 of the Commission's rules by discontinuing its domestic interstate access service in California, Delaware, Maryland, Massachusetts, New Jersey, New York, Pennsylvania,
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- of the financial data and other information submitted by ASC and the present lack of real-time EAS video signal sources in American Samoa, we conclude that a temporary waiver of Section 11.11(a) for the captioned system is warranted until such time as a live EAS signal source is available in American Samoa. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, America Samoa Cable IS GRANTED a waiver of Section 11.11(a) of the Rules as set forth herein for the captioned cable television system. IT IS FURTHER ORDERED that American Samoa Cable place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent
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- the rules as a mitigating factor warranting a forfeiture reduction. We do, however, find that Forest has a history of overall compliance and, accordingly, reduce the forfeiture amount from four thousand dollars ($4,000) to three thousand two hundred dollars ($3,200) on that basis. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Forest Electric Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand two hundred dollars ($3,200) for willfully and repeatedly violating Section 1.903(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- we conclude that there are no substantial or material questions of fact as to whether TON possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), and the authority delegated by section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, DC 20554 In the Matter of TON Services, Inc. ) ) ) ) ) File No. EB-04-IH-0142
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- as well. As a result of our review, we conclude that Mr. Martin willfully violated Section 17.50 of the Rules, and we find that, although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $2,500 is appropriate. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Mr. Martin IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,500 for willfully violating Section 17.50 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not paid
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of MCI IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date on which MCI must convert its informal complaints against
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- file violations. As previously stated, the NAL took into account that Lebanon's public file was only partially incomplete, and downwardly adjusted the base forfeiture amount to $4,000. In the instant case, we do not believe a further reduction of the proposed forfeiture is warranted. ordering Clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Lebanon Educational Broadcasting Foundation IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000.00) for willful violation of Section 73.3527(c)(1) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- financial data and other information submitted by Cable One, we conclude that a temporary, eight-month waiver of section 11.11(a) for the two captioned systems is warranted. In particular, we find that the approximate $20,000 cost of installing EAS equipment for these small cable systems could impose an unnecessary financial expenditure for Cable One. Accordingly, IT IS ORDERED, pursuant to sections 0.111, 0.204(b) and 0.311 of the Rules, that Cable One, Inc.'s request for temporary waiver of section 11.11(a) of the Rules for the two captioned cable television systems is GRANTED consistent with the discussion and conclusions in this Order. IT IS FURTHER ORDERED that Cable One, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date that the Complainants must convert their informal complaint
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- and Governmental Affairs Bureau Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 This Order is issued pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 47 C.F.R. § 1.718. See Judware v. Verizon, Order, DA 04-2837, 2004 WL 1944886 (F.C.C.) (September 1, 2004); Judware v. Verizon, Order, DA 04-1874, 2004 WL 1432325 (F.C.C.) (June 24, 2004); Judware v. Verizon, Order,
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- private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. §§ 201(b) and 203(c); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. (1996); 47
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- private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. §§ 201(b) and 203(c); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. (1996); 47
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- before us, we conclude that no substantial or material questions of fact exist as to whether RW Shop and/or Donald Mayer possess the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation into the matter described herein IS TERMINATED. IT IS FURTHER ORDERED that RW Shop, Inc. and/or Donald Mayer shall make a voluntary contribution to the United States Treasury, as specified in the Consent Decree. Payment shall be
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- addition, we conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act'') and The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, that no reduction of the proposed forfeiture is warranted. ordering clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Michael David Oaks IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- that the excuse of inadvertence, due to inexperience and ignorance of the rules is not a reason to mitigate a forfeiture for violation of the advertisement restrictions). See Mapa Broadcasting, L.L.C., 17 FCC Rcd 10519 (Enf. Bur. 2002) (finding that not having the required EAS equipment was not a minor violation). See text accompanying note 15 supra. 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4). 47 U.S.C. § 504(a). See 47 C.F.R. § 1.1914. Federal Communications Commission DA 04-3548 Federal Communications Commission DA 04-3548 2 P Q R S V a { Î Ī Ö Ũ đ ų h h hņ h hņ $ É Ī Z  Ķ ņ
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- 4387, 4388 (1991) and Western Wireless Corporation, 18 FCC Rcd 10319 at fn. 56 (2003). Section 503(b)(1)(B) of the Act, 47 U.S.C §503(b)(1)(B), authorizes imposition of forfeiture for any person who ``willfully or repeatedly failed to comply with any provisions of this Act or with any rule, regulation, or order issued by the Commission under this Act...'' 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4). 47 U.S.C. § 504(a). See 47 C.F.R. § 1.1914. (continued....) Federal Communications Commission DA 04-3549 Federal Communications Commission DA 04-3549 > @ Ö č é ė ņ ß n / / /
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- conclude that East Texas willfully violated Section 73.49 of the Rules, and that it willfully and repeatedly violated Section 17.4 of the Rules, but we find that the proposed forfeiture should be reduced to $8,000 for these violations because of its history of compliance. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, East Texas Broadcasting, Inc., licensee of Station KPLT(AM), in Paris, Texas, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for its violation of Sections 17.4 and 73.49 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Act, East Texas Broadcasting, Inc. must submit
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- the Policy Statement as well. As a result of our review, we conclude that Horizon's violation of Sections 1.903(a) and 90.425(a) of the Rules is willful and repeated and find that no reduction of the monetary forfeiture assessed in the Forfeiture Order is warranted. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Horizon Communications IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for its willful and repeated violation of Sections 1.903(a) and 90.425(a) of the Commission's Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- the Policy Statement as well. As a result of our review, we conclude that Horizon's violation of Sections 1.903(a) and 90.425(a) of the Rules is willful and repeated and find that no reduction of the monetary forfeiture assessed in the Forfeiture Order is warranted. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Horizon Communications IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for its willful and repeated violation of Sections 1.903(a) and 90.425(a) of the Commission's Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- that North Country willfully and repeatedly violated Sections 17.4(g) and 17.50 of the Rules, and we find that, although cancellation of the proposed monetary forfeiture for violation of these rule sections is not warranted, reduction of the forfeiture amount is appropriate as indicated above. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, North Country Repeaters, owner of ASR number 1009975, on Rand Hill, Beekmantown, New York, IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for its violation of Sections 17.4(g) and 17.50 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80
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- forfeiture for these public file violations. After considering all the circumstances, we believe that Community's lack of prior violations warrants a reduction of the forfeiture to two thousand dollars. Accordingly, we reduce the forfeiture from twenty five hundred dollars to two thousand dollars. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Community Broadcasting, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for its willful and repeated violation of Section 73.3526(a)(2) of the Rules at station KCRL-FM. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- issued a Notice of Violation in November 2001 regarding painting requirements for its Fayetteville, Missouri tower and thus does not have a history of overall compliance with the Commission's Rules. Consequently, in this case, we will impose the originally proposed forfeiture of $10,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Aquila Communications, Inc, IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to exhibit obstruction lighting on its antenna structure in repeated violation of Section 17.51 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- parties to follow the mandate of the New York Order and proceed to arbitration. We also convert the Complaint into an informal complaint for internal administrative purposes only. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 0.111, 0.311, and 1.727 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.727, Verizon's Motion to Dismiss or, in the Alternative, Defer, is GRANTED to the extent indicated herein. IT IS FURTHER ORDERED that, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3,
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- the forfeiture, we have no basis on which to analyze its claim. Accordingly, no reduction is warranted. Finally, although there is precedent for reducing or rescinding a forfeiture based on bankruptcy in certain circumstances, Portland Taxicab Company has not filed for bankruptcy. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Portland Taxicab Company. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for willfully and repeatedly violating Sections 1.903(a), 90.210, 90.403(e) and 90.425(a) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- to the Enforcement Bureau no more than thirty (30) days following the release of this Order how she has achieved compliance with Section 11.35(a) of the Rules. The report must be submitted in the form of an affidavit signed by Aracelis Ortiz. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Aracelis Ortiz IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for willfully violating Sections 73.1125(c) and 11.35(a) of the Rules. 15. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Act, Aracelis Ortiz must submit the report described in Paragraph 13, above, within no more than
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- York Field Office (``Buffalo Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $7,000 to Beacon. Beacon has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Beacon Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 73.49 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If
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- due to inability to pay. Finally, we find that a reduction of the proposed forfeiture is warranted because of the Mr. Estrada's compliance record with the Commission's Rules. Accordingly, the forfeiture amount is reduced from ten thousand dollars ($10,000) to eight thousand dollars ($8,000). ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Jorge L. Estrada IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willful violation of Section 1.903(a) of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- willful and repeated. Mr. Avena asserts that he does not have the financial means to pay the $10,000 forfeiture proposed in the NAL. After reviewing the financial information provided by Mr. Avena, we conclude that the proposed forfeiture amount should be reduced to $1,000.00. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Angelo Avena IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for violation of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the
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- such efforts are laudable, post-violation actions are not relevant to our determination of appropriate forfeiture amount. Based upon the facts and circumstances presented here, we find the base amount of $4,000 to be the appropriate proposed forfeiture amount. iv. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80 of the Commission's rules, Mid-Missouri Broadcasting, Inc., licensee of Station KOQL(FM), Ashland, Missouri, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,000 for willfully violating section 73.1206 of the Commission's rules on March 25, 2003. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the rules, within thirty (30) days
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- incorporated by reference. 3. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We find that the public interest would be served by approving the Consent Decree and terminating the captioned investigation. 4. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Act, 47 U.S.C. § 154(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree is ADOPTED. 5. it is furthered ordered that the above captioned proceeding is TERMINATED. FEDERAL COMMUNICAITONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of LCR Telecommunications, LLC Verification of Orders for Telecommunications Service
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- telephone facsimile machine, computer, or other device to send the five unsolicited advertisements to the consumers identified above. We have further determined that Elf Painting and Wallpapering is apparently liable for forfeiture in the amount of $22,500. 10. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and authority delegated by Sections 0.111 and 0.311 of the Rules, 47 C.F.R. §§ 0.111, 0.311, that Elf Painting and Wallpapering is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of Twenty-Two Thousand Five Hundred Dollars ($22,500) for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. §
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- telephone facsimile machine, computer, or other device to send the five unsolicited advertisements to the consumers identified above. We have further determined that Elf Painting and Wallpapering is apparently liable for forfeiture in the amount of $22,500. 10. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and authority delegated by Sections 0.111 and 0.311 of the Rules, 47 C.F.R. §§ 0.111, 0.311, that Elf Painting and Wallpapering is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of Twenty-Two Thousand Five Hundred Dollars ($22,500) for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. §
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- a violation are not mitigating factors warranting reduction of a forfeiture. As a result of our review, we conclude that Exosphere willfully and repeatedly violated Sections 17.50 and 17.51 of the Rules. We affirm that a forfeiture in the amount of $10,000 is appropriate. ordering clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Exosphere Broadcasting, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Sections 17.50 and 17.51 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- Brokers, ``corrective action taken to come into compliance with Commission rules or policy is expected, and does not nullify or mitigate any prior forfeitures or violations.'' We conclude that neither cancellation nor reduction of the proposed $4,000 monetary forfeiture is therefore warranted. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Joselyn Gordon, as owner of Rescue Car Service, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willful and repeated violation of Section 90.403(a)(2) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- repeatedly failed to exhibit any obstruction lighting during daytime hours on October 29 and 20, 2002 on its tower in violation of Section 17.51(b) of the Rules. Accordingly, we find that Crown Castle GT Company LLC repeatedly violated Section 17.51(b) of the Rules. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Crown Castle GT Company LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to exhibit required obstruction lighting during daytime hours in repeated violation of Section 17.51(b) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- to the statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that that a reduction of the forfeiture amount is warranted from thirteen thousand dollars ($13,000) to ten thousand dollars ($10,000). IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Mr. Saunders IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.51 of the Rules, and the $3,000 forfeiture for violation of Section 17.4 of the Rules IS CANCELLED. 12. Payment of the forfeiture shall be made in the manner provided for in Section
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- the Enforcement Bureau no more than thirty (30) days following the release of this order how it plans to achieve compliance with Section 17.4(a). WLTH's report must be submitted in the form of an affidavit or declaration signed by an officer or director. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, WLTH Radio, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of sixteen thousand dollars ($16,000) for willfully and repeatedly violating Sections 17.4(a), 17.48 and 17.51(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Act, WLTH must submit the report described in Paragraph 12, above, no more
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- not provide a basis for reduction or cancellation of the forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act and Section 1.106 of the Rules, Mr. Louis's petition for reconsideration of the May 17, 2004, Forfeiture Order IS DENIED. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules), Mr. Rony Richard Louis IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- to Ms. Lee at the following address: Federal Communications Commission 9300 East Hampton Drive Capitol Heights, MD 20743 . Sincerely yours, William H. Davenport Chief Investigations and Hearings Division Enforcement Bureau cc: Philip L. Weinstein, Federal Defender Division Legal Aid Society Kristy Carroll, USAC David M. Siegal, Assistant United States Attorney, Southern District of New York See 47 C.F.R. §§ 0.111(a)(14), 54.521. Letter from William H. Davenport, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to John Dotson, Notice of Suspension and Proposed Debarment, 19 FCC Rcd 19662 (2004). 69 Fed. Reg. 62047 (Oct. 22, 2004). See Notice of Suspension, 19 FCC Rcd at 19662-63 (imposing suspension pending the Bureau's final debarment determination) (Attachment 1). See id., 18 FCC
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- thirty (30) days following the release of this Order how it has achieved compliance with Section 73.1125 of the Rules for its main studio. Twenty-One's report must be submitted in the form of an affidavit signed by an officer or director of Twenty-One. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Twenty-One Sound Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for its willful and repeated violation of Section 73.1125 of the Rules at station KKAC-FM. 14. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Act, Twenty-One must submit the report described in paragraph
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- the Commission's underwriting rules. We will not hesitate to take even stronger enforcement action against noncommercial educational licensees that engage in similarly egregious violations of our underwriting requirements. IV. ORDERING CLAUSES 11. In view of the foregoing, we conclude that a monetary sanction is appropriate. Accordingly, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80 of the Commission's rules, Christian Voice of Central Ohio, Inc., licensee of former noncommercial educational Station WCVZ(FM), South Zanesville, Ohio, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $20,000 for willfully and repeatedly broadcasting advertisements in violation of section 399B of the Act, 47 U.S.C. § 399b, and section 73.503 of
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- Enforcement Bureau (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $3,000 to Shadavrus. Shadavrus has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Shadavrus Capital Trust, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully and repeatedly violating Section 17.57 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- Director, Enforcement Bureau, Tampa Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of seven thousand dollars ($7,000) for the referenced Rule violation. Metropolitan Radio Group, Inc., has not filed a response. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Metropolitan Radio Group, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for violating Section 73.49 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not
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- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and statutory factors to the instant case, we believe that a $3,000 proposed forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Power Radio Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violating Section 73.875(c) of the Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this Notice of Apparent Liability
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- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and statutory factors to the instant case, we believe that a $3,000 proposed forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Power Radio Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violating Section 73.875(c) of the Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this Notice of Apparent Liability
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- this case, taking all of these factors into consideration, we find that the NAL properly proposed that the base forfeiture amount is the appropriate sanction for the violation described above. Consequently, Emmis is liable for a forfeiture of Seven Thousand Dollars ($7,000.00). ORDERING CLAUSES 16. Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. § 503(b), and 47 C.F.R. §§ 0.111, 0.311 and 1.80, Emmis Radio License Corporation FORFEIT to the United States the sum of Seven Thousand Dollars ($7,000.00) for willfully violating 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. 17. Payment of the forfeiture may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture Collection Section,
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of MCI IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date on which MCI must convert its informal complaints against
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- we conclude that there are no substantial or material questions of fact as to whether SBC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), and the authority delegated by section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Federal Communications Commission DA 04-3893 Ö M P Õ Ö ã đ hî "Ö Ö î
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- that accurately reflects WCSS's current financial status. WCSS has not submitted such documentation and, therefore, cannot persuasively claim that it does not have the ability to pay the forfeiture. IV. ordering clauses 12. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, that World Communications Satellite Systems, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violating a Commission order by failing to respond to a directive of the Enforcement Bureau to provide certain information and documents. 13. Payment of the forfeiture shall be made in the manner provided
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- no substantial or material questions of fact with respect to this matter as to whether AT&T possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and the authority delegated by section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of AT&T Corp. Compliance with Rules Regarding Thousands-Block Number Pooling ) ) ) )
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- Rcd 6870 (2003). We also reject Echonet's contention that its unauthorized operation caused no harm, but actually served the public interest. See AGM-Nevada LLC, 18 FCC Rcd 1476, 1478-1479 (E.B. 2003) (concluding that ``the absence of interference or any showing of harm to the public interest does not entitle AGM to a reduction of the proposed forfeiture''). 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4). 47 U.S.C. § 504(a). See 47 C.F.R. § 1.1914. (continued....) Federal Communications Commission DA 04-3912 Federal Communications Commission DA 04-3912 0 1 ô ö h ĸ ¨
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- Commission's Rules (``Rules''). On October 6, 2004, the Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $14,000 to VIA. VIA has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, VIA Technologies, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- be a Commission licensee'' and therefore the Commission should initiate a proceeding requiring Western to show cause why its license for WRNX(FM) should not be revoked. Because we reject Saga's claims, Saga's request to initiate a revocation proceeding is dismissed as moot. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80 of the Commission's rules, Saga Communications of New England, Inc., licensee of Station WLZX(FM), Northampton, Massachusetts, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of Four Thousand Dollars ($4,000) for apparently willfully violating section 73.1206 of the Commission's rules on January 25, 2001. 15. IT IS FURTHER ORDERED THAT, pursuant to Section
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Verizon's request for extension IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of the Commission's rules, 47 C.F.R. § 1.718, are hereby waived, and the date on which Verizon must convert its informal complaints against
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- the violation took place or justify further mitigation or cancellation of the proposed forfeiture penalty. Based upon these facts and considering all of the circumstances present here, we find $ 4,000 to be the appropriate proposed forfeiture amount. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80 of the Commission's rules,, Cumulus Licensing Corp., licensee of Station WSEA(FM), Atlantic Beach, South Carolina, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000.00) for apparently willfully violating section 73.1206 of the Commission's rules on March 7, 2003. 8. IT IS FURTHER ORDERED THAT, pursuant to section 1.80
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- of overall compliance with the Commission's rules and no reduction is warranted on this basis. Finally, Moody questions the scrutiny given to its stations as compared to NPR stations. We note that this is not the proper forum for such a discussion. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Moody Bible Institute of Chicago IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand ($5,000) for its willful violation of Section 73.3527(c) of the Rules at station KMDY-FM. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- violations of section 73.1206 by AMFM, its corporate parent, Clear Channel, and other licensees controlled by Clear Channel, we believe that an upward adjustment of the forfeiture amount for the unauthorized telephone conversation, to $8,000, is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80 of the Commission's rules, AMFM Radio Licenses, LLC, licensee of Station WKQI (FM), Detroit, Michigan, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of Eight Thousand Dollars ($8,000) for apparently willfully violating section 73.1206 of the Commission's rules on January 21, 2004. 11. IT IS FURTHER ORDERED THAT, pursuant to section 1.80
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- with the Forfeiture Policy Statement. As a result of our review, we conclude that Mr. Salter willfully violated Section 301 of the Act. We find no basis for cancellation or reduction of the $10,000 forfeiture proposed for this violation. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Tommie Salter IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- informal complainant who does not submit such notice shall waive its right to convert its informal complaint into a formal complaint. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 208, section 1.3 of the Commission's rules, 47 C.F.R. § 1.3, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that section 1.718(a) of the Commission's rules, 47 C.F.R. § 1.718(a), IS HEREBY WAIVED, with regard to the IPP EUCL informal complaints described herein and the deadline for the conversion and filing of these informal complaints into formal complaints is hereby extended to April 22, 2005. This waiver
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- the Forfeiture Policy Statement as well. As a result of our review, we conclude that Citadel willfully and repeatedly violated Sections 73.1125(a) and 73.3526 of the Rules and that neither cancellation nor further reduction of the proposed $9,000 monetary forfeiture is warranted. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Citadel Radio, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of nine thousand dollars ($9,000) for willfully and repeatedly violating Sections 73.1125(a) and 73.3526 of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- the Forfeiture Policy Statement as well. As a result of our review, we conclude that Citadel willfully and repeatedly violated Sections 73.1125(a) and 73.3526 of the Rules and that neither cancellation nor further reduction of the proposed $9,000 monetary forfeiture is warranted. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Citadel Radio, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of nine thousand dollars ($9,000) for willfully and repeatedly violating Sections 73.1125(a) and 73.3526 of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- correcting signal leaks ``regardless of their cause to ensure that their systems comply with our cable leakage standards which serve a critical safety purpose.'' We thus find that Northland's argument is unavailing, and that reduction or cancellation of the proposed forfeiture is not warranted. Ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Northland Cable Properties VII, LP IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for its failure to comply with the cable signal leakage standards, in willful and repeated violation of Sections 76.605(a)(12) and 76.611(a)(1) of the Rules. Payment of the forfeiture shall be made in the manner provided
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- with the Policy Statement as well. As a result of our review, we conclude that Rama willfully and repeatedly violated Sections 11.35(a) and 73.3526(c)(1) of the Rules and we find no grounds to reduce or cancel the forfeiture amount proposed in the NAL. ordering clauses 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Rama Communications, Inc., licensee of Station WLAA(AM), in Winter Garden, Florida, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eighteen thousand dollars ($18,000) for its willful and repeated violation of Sections 73.3526(c)(1) and 11.35(a) of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section
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- the NAL pursuant to the statutory factors above, and in conjunction with the Policy Statement. As a result of our review, we conclude that JMK willfully and repeatedly violated Sections 73.1745(a), 73.3526(e)(5), and 73.3526(e)(12) and impose a monetary forfeiture in the amount of $14,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, JMK Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willful and repeated violation of Sections 73.1745(a), 73.3526(e)(5), and 73.3526(e)(12) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Cumulus willfully and repeatedly violated Section 17.50 of the Rules, and we find no basis for rescinding or reducing the $10,000 forfeiture for this violation. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Cumulus Licensing Corporation, owner of antenna structures #1052722 and #1052724 near Savannah, Georgia, IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for its violation of Section 17.50 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Act, Cumulus Licensing Corporation must submit the
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- inability to pay. 10. We have examined Caprice's response to the NAL pursuant to the statutory factors above as well as in conjunction with the Policy Statement. As a result of our review, we conclude that a four thousand dollar ($4,000) forfeiture is warranted. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Caprice Car Service II IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If
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- submitted in the form of an affidavit signed by an officer or director of the licensee. If FFP fails to submit such a report or we find that FFP has not come into compliance with Section 17.51(b), we will consider further appropriate enforcement action. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Florida Food Products, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for its willful and repeated violation of Section 17.4(a) of the Rules. IT IS ALSO ORDERED that, pursuant Section 308(b) of the Act, FFP must submit the report described in Paragraph 10, above, within 30 days
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- above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Lycom willfully and repeatedly violated Section 17.4(a) of the Rules and that neither cancellation nor reduction of the proposed $3,000 monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Lycom IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for failure to register its antenna structure, in willful and repeated violation of Section 17.4(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- Tekk claims that this is a first violation, and thus, that it has a prior history of overall compliance with the Commission's rules. We believe that reduction of the proposed monetary forfeiture to $3,200 for Tekk's history of overall compliance is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Tekk Comm Communications IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand two hundred dollars ($3,200) for willfully and repeatedly violating Section 1.903(a) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- 11.11(a) of the Rules granted to Millennium for the four cable systems are warranted. Nevertheless, we remind Millennium that the Commission has authorized cable systems serving fewer than 5,000 subscribers to install FCC certified decoder-only units, rather than both encoders and decoders. Such decoder-only units are available at a substantially lower cost. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b), 0.311 of the Rules, Millennium Digital Media Systems, L.L.C. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for the Echo Lake and Lake Roesinger, Washington cable television systems and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the Union City, Michigan and Forks, Washington cable television
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- and Governmental Affairs Bureau Federal Communication Commission 445 12th Street, S.W. Washington, D.C. 20554 This order is issued pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 47 C.F.R. § 1.718. See Judware v. Verizon, Order, DA 03-4110, 2003 WL 23095472 (F.C.C.) (December 31, 2003); Letter from Warren Firschein, Attorney, Market Disputes Resolution Division, Enforcement Bureau, FCC, to Christopher Karns, Attorney for
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- 90.699 when parties have failed to reach an accord during the two negotiation periods. We believe that a request for involuntary relocation, not the commencement of a license revocation proceeding, would produce the most expeditious result in this instance and serve the public interest, convenience, and necessity. IV. CONCLUSION IT IS HEREBY ORDERED THAT, pursuant to the authority in sections 0.111 and 0.311 of the Commission's rules, the Motion for Revocation of Licenses, filed on October 16, 2001, by Nextel Communications, Inc. and Nextel Partners, Inc. against C&W Communications, Inc. and Steve Gill IS HEREBY DENIED. IT IS FURTHER ORDERED THAT, pursuant to the authority in sections 0.111 and 0.311 of the Commission's rules, the Motion for Revocation of Licenses, filed
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- license or authorization. We deem the adopted Consent Decree to satisfy the requirements of the Citation provisions under subsections 503(b)(5)(A)-(B) of the Communications Act of 1934, as amended. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j), and 503(b)(5) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 503(b)(5), and the authority delegated by section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of WestCom Corporation ) ) ) ) ) File No. EB-03-IH-0366 Acct.
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- the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Withdraw the Complaint with Prejudice IS GRANTED and that this proceeding is hereby terminated. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Letter from Nicole E. Paolini, counsel for Armstrong, to Jonathan Reel, attorney, Market Disputes Resolution Division,
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- examined State's response to the NAL pursuant to the statutory factors above, and in conjunction with the Policy Statement. As a result of our review, we conclude that State willfully violated Section 73.49 of the Rules and affirm the forfeiture amount of $7,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, State Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of Section 73.49 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Notice of Withdrawal of complaint is GRANTED, and that the Complaint is DISMISSED with prejudice. 4. IT IS FURTHER ORDERED that the above-captioned proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Notice of Withdrawal of Complaint, File No.
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- conjunction with the Policy Statement as well. As a result of our review, we conclude that Three Angels willfully and repeatedly violated Sections 17.4(a) and 17.21(a) of the Rules and that cancellation or reduction of the proposed $13,000 monetary forfeiture is not warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Three Angels IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen thousand dollars ($13,000) for failure to register and paint its antenna structure, in willful and repeated violation of Sections 17.4(a) and 17.21(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Act, Three Angels must submit
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- of the proposed forfeiture is warranted because of the compliance record of both Bonners Ferry and its parent company, Blue Sky Broadcasting with the Commission's Rules. Accordingly, the forfeiture amount is reduced from seven thousand dollars ($7,000) to five thousand, six hundred dollars ($5,600). ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and sections 0.111, 0.311 and 1.80(f) of the Rules, Radio Bonners Ferry IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand, six hundred dollars ($5,600) for willfully violating Section 73.49 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- to file such a status report will result in dismissal of the complaint for failure to prosecute. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-36, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Joint Motion to Dismiss Without Prejudice the Complaint against the Remaining Defendants IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3, 1.716-18, and 1.720-1.736 of
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- cable system to request a waiver of section 11.11(a) of the Rules and to submit the information necessary to support a financial hardship showing. Any buyer that does not file a waiver request will be required to come into compliance with the EAS rules by the end of the 30-day period. 7. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0.204(b) and 0.311 of the rules, Telecommunications Management, LLC d/b/a NewWave Communications' request for temporary waivers of section 11.11(a) of the Rules is GRANTED for the following systems, Fulton, Kentucky until June 1, 2004; Bolivar, Brownsville, and Ripley, Tennessee until January 1, 2005; Dyer and Bradford, Tennessee until March 1, 2005; Ashdown, Arkansas; Wheatland, Missouri; Chesterfield and Pageland, South Carolina;
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- on our review of the facts and circumstances of this case, we find that a forfeiture of $75,000 is appropriate, pursuant to section 503(b) of the Act and section 1.80 of the Commission's rules. V. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and sections 0.111, 0.311, and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.80, BellSouth Telecommunications, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seventy-five thousand dollars ($75,000) for willfully and repeatedly violating section 53.203(a)(3) of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, 47 C.F.R.
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- in the form of an affidavit signed by an officer or director of the licensee. If NRS fails to submit such a report or we find that NRS has not come into compliance with Section 17.4(a), we will consider further appropriate enforcement action. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, NRS IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules. IT IS ALSO ORDERED that, pursuant Section 308(b) of the Act, NRS must submit the report described in Paragraph 12, above, within 30 days from the release of
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- (``New York Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Ivette. Ivette has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``the Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Esperanza Gonzales d/b/a Ivette Car Service IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- (``New York Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Star. Star has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``the Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Star Car Service IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- conjunction with the Policy Statement as well. As a result of our review, we conclude that Horne willfully and repeatedly violated Section 73.1745(a) of the Rules. We also find that there is no basis for cancellation or reduction of the proposed monetary forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Horne IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willful and repeated violation of Section 73.1745(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- fact exist as to whether Vector possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. The public interest will be served by adopting the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation of Vector IS TERMINATED. IT IS FURTHER ORDERED that Vector Products, Inc. d/b/a Vector Manufacturing, Ltd. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or
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- Enforcement Bureau within 30 days of the release of this order outlining what measures it has taken or will take to correct the violation and ensure that this does not recur. SM Radio's report must be submitted in the form of an affidavit or declaration. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, SM Radio, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully violating Section 73.1125 of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- As a result of our review, we conclude that Westshore willfully and repeatedly violated Sections 17.51, 17.57 and 73.49 of the Rules. We also conclude that, while cancellation of the proposed $20,000 monetary forfeiture is not warranted, a reduction to $12,000 is justified. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Westshore Broadcasting, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for failure to light its antenna structure, to notify the Commission of a change in the antenna structure's ownership information, and to enclose the antenna structure within an effective locked fence, in willful and repeated violation of
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- in conjunction with the Policy Statement, as well. As a result of our review, we conclude that Petracom willfully and repeatedly violated Sections 11.61(a)(2)(i)(A) and 73.3526(a)(2) of the Rules and that cancellation or reduction of the proposed $3,500 monetary forfeiture is not warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Petracom of Joplin, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand, five hundred dollars ($3,500) for willfully and repeatedly violating Sections 11.61(a)(2)(i)(A) and 73.3526(a)(2) of the Rules. For collection, the Commission will file a proof of claim at the appropriate time in Petracom's bankruptcy action. IT IS FURTHER ORDERED
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- As a result of our review, we conclude that Trade Center willfully and repeatedly violated Section 73.3526(b) of the Rules and find that, although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $8,000 is appropriate. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Trade Center Management, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully and repeatedly violating Section 73.3526(b) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- entitled to attach to KCPL's poles pursuant to section 224 of the Act and the Commission's rules regarding pole attachments. 9. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Joint Motion for Consent Order IS GRANTED. 10. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 1.1401-1.1418, and the authority delegated in sections
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- precedent to assess a $7,000 forfeiture. We further find Schumacher's commitment to comply with the marketing provisions of Section 2.803(c) in the future commendable, but such post-remedial measure does not lessen, mitigate, or excuse its past violations of the equipment marketing requirements. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Schumacher Electric Corporation IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the
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- Authorization for Learned Mode Remote Control Transmitter Devices, FCC ID Nos. MMORC0196N and MMORMC575 ) ) ) ) ) ) ) EB Docket No. 05-30 EB-02-TS-606 ORDER OF REVOCATION Adopted: April 15, 2005 Released: April 18, 2005 By the Chief, Enforcement Bureau: I. INTRODUCTION By this Order of Revocation, acting pursuant to authority delegated to the Enforcement Bureau under section 0.111(a)(17) of the Commission's rules, we revoke the above-captioned equipment authorizations held by Tung Shih Technology Co., Ltd. (``Tung Shih'') for its learned mode remote control devices (``learned mode transmitters''). We conclude, based upon the evidence described herein, that the learned mode transmitters manufactured by Tung Shih have the capability to transmit impermissibly on restricted frequencies specified in section 15.205(a) of
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- Bureau and RII, which is incorporated by reference herein. We have reviewed the Consent Decree and evaluated the circumstances underlying the Bureau's investigation. We believe that the public interest would be served by adopting the Consent Decree and terminating the investigation. ACCORDINGLY, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached hereto IS ADOPTED. IT IS FURTHER ORDERED, that the investigation by the Enforcement Bureau IS TERMINATED. IT IS FURTHER ORDERED, that copies of this Order shall be sent by certified mail, return receipt requested to Kenneth R. Noble II, President, Radio & Investments, Inc., 308 Verdunville Road, Franklin, Louisiana 70538,
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- 1.903(a) of the Rules. We find no basis for cancellation or reduction of the $4,000 forfeiture proposed for this violation. If Mitchell still wishes to request an installment plan, such request should be submitted to the address set forth in paragraph 10 below. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Dave Mitchell IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willful and repeated violation of Section 1.903(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this
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- F. Wood, Esq., United States Department of Justice, Antitrust Division Kristy Carroll, Esq., USAC United States v. Inter-Tel Technologies, Inc., No. CR-04-399-CRB, Plea Agreement (N.D.Cal. filed Dec. 8, 2004) (``Inter-Tel Plea Agreement''). The Order accepting this plea agreement was signed by the Court on January 5, 2005, and entered on January 10, 2005. 47 C.F.R. § 54.521; 47 C.F.R. § 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. § 54.521). 47 C.F.R. § 54.521(a)(4). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-9227, ļļ 67-74 (2003) (``Second Report and Order''). Second Report and Order, 18 FCC
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111, 0.311, and 1.716-1.718 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.716-1.718, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Formal Complaint of Broadview Networks, Inc., File No. EB-03-MD-021 (filed Dec. 30, 2003) (``Complaint''). Joint Notice of Withdrawal of Broadview
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.1401-1.1418, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Lisa B. Griffin Deputy Chief, Market Disputes Resolution Division Letter from Yaron Dori, Hogan & Hartson, L.L.P., to Marlene H. Dortch, Secretary, Federal Communications Commission, File No. EB-05-MDIC-0011 (filed May
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- the Forfeiture Policy Statement. As a result of our review, we conclude that WBLT willfully and repeatedly violated Section 17.4(a) of the Rules. We find no basis for cancellation or reduction of the $3,000 forfeiture proposed for these violations. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, WBLT, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand hundred dollars ($3,000) for willfully and repeatedly violating Section 17.4(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- we conclude that Mr. McKinney willfully violated Section 301 of the Act. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $1,000 is appropriate based on Mr. McKinney's demonstrated inability to pay. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Danny R. McKinney IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Dacres. Mr. Dacres has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Samuel E. Dacres IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly operating an FM radio transmitter without a license in violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- the Forfeiture Policy Statement. As a result of our review, we conclude that Pembroke willfully and repeatedly violated Section 301 of the Act. We find no basis for cancellation or reduction of the $10,000 forfeiture proposed for this violation. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Pembroke Square Associates IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Universal willfully and repeatedly violated Section 301 of the Act. We also conclude that neither cancellation nor reduction of the proposed $10,000 monetary forfeiture is warranted. Ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Universal Network Television, LLC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Act. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include
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- must be signed by an officer or director of Source. Source also must submit an affidavit, signed by an officer or director of Source, notifying the Commission when the structure has been brought into full compliance with the rules. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Source USA, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully and repeatedly violating Sections 17.4(a) and 17.51(a) of the Rules and willfully and repeatedly failing to respond to Commission correspondence. 5. IT IS FURTHER ORDERED that Source shall file the plan described in paragraph 3 above within
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- Rules would not warrant cancellation or further reduction of the monetary forfeiture, even if the petition had been timely. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act and Section 1.106 of the Rules, Arnold's petition for reconsideration IS DISMISSED. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's Rules, Arnold IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,000 for violating Section 301 of the Act and Section 11.61(a)(2) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 for WRN is warranted. Because we have confirmed WRN's claim that it has no history of Commission violations, we further reduce the forfeiture amount to $4,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, WRN IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for the willful and repeated violations of Section 301 of the Act and Section 25.102(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the
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- previous violations of Commission rules ordinarily would warrant a proposed forfeiture above the base amount, we find that those factors are counter-balanced here by the licensee's good-faith efforts to remedy the situation prior to our initiation of this investigation. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Commission's rules, that Capstar TX Limited Partnership is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Four Thousand Dollars ($4,000) for willfully violating section 73.1216 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty days of the release of this Notice,
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- previous violations of Commission rules ordinarily would warrant a proposed forfeiture above the base amount, we find that those factors are counter-balanced here by the licensee's good-faith efforts to remedy the situation prior to our initiation of this investigation. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Commission's rules, that Capstar TX Limited Partnership is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Four Thousand Dollars ($4,000) for willfully violating section 73.1216 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty days of the release of this Notice,
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- need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, sections 1.711-1.736 of the Commission's rules, 47 C.F.R. §§ 1.711-1.736, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that National's Dismissal Request IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, sections 1.711-1.736 of the Commission's rules, 47 C.F.R. §§ 1.711-1.736, and the authority delegated in sections 0.111
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- above, and in conjunction with the Policy Statement as well. As a result of review, we conclude that Statcom willfully and repeated violated Section 1.903(a) of the Rules and we find no grounds to reduce or cancel the forfeiture amount proposed by the NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Statcom Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for willful violation of Section 1.903(a) of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- Orleans Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Kennedy. Mr. Kennedy has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Scottie E. Kennedy IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully operating a radio transmitter without a license in violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $20,000 to Vector. Vector has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Vector Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for willfully and repeatedly failing to exhibit red obstruction lighting on its antenna structures in violation of Section 17.51(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mega Communications. Mega Communications has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Mega Communications of St. Petersburg, Licensee L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully failing to comply with prescribed antenna structure painting and lighting specifications in violation of Section 17.21 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in
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- instant case, we conclude that Hawking is apparently liable for a $22,000 forfeiture. We further find Hawking's promise to correct the violations is commendable, but such remedial measures do not lessen, mitigate, or excuse its past violations of the equipment marketing requirements. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Hawking Technologies, Inc., IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-two thousand dollars ($22,000) for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803(a) and 15.204(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days
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- send your response to Ms. Lee at the following address: Federal Communications Commission 9300 East Hampton Drive Capitol Heights, MD 20743 . Sincerely yours, William H. Davenport Chief Investigations and Hearings Division Enforcement Bureau cc: Gerald Lord, Miller, Poole & Lord, LLP Kristy Carroll, USAC (E-mail) Marty Carlson, United States Attorney, Middle District of Pennsylvania (E-mail) See 47 C.F.R. §§ 0.111(a)(14), 54.521. Letter from William H. Davenport, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to John Henry Weaver, Notice of Suspension and Proposed Debarment, 20 FCC Rcd 5130 (Inv. & Hearings Div., Enf. Bur. 2005) (Attachment 1). 70 Fed. Reg. 12883 (Mar. 16, 2005). See Notice of Suspension, 20 FCC Rcd at 5130-32. See 47 C.F.R. § 54.521(e)(3)
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- Commission 9300 East Hampton Drive Capitol Heights, MD 20743 If you have any questions, please contact Ms. Lee via mail, by telephone at (202) 418-0843 or by e-mail at diana.lee@fcc.gov. Sincerely yours, William H. Davenport Chief Investigations and Hearings Division Enforcement Bureau cc: Carla Stern, Assistant United States Attorney, DOJ (E-mail) Kristy Carroll, Esq., USAC (E-mail) See 47 C.F.R. §§ 0.111(a)(14), 54.521. Letter from William H. Davenport, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Qasim Bokhari, Notice of Suspension and Proposed Debarment, 20 FCC Rcd 3603 (Inv. & Hearings Div., Enf. Bur. 2005) (Attachment 1). 70 Fed. Reg. 9647 (Feb. 28, 2005). See id., 20 FCC Rcd at 3603-06. See 47 C.F.R. § 54.521(e)(3) and (4). That
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- Criminal Docket No. 03-337, Information at 4 (M.D.Pa. filed December 8, 2003) (``Morrett Information''); United States v. Morrett, Criminal Docket No. 03-337, Plea Agreement at 1-2 (M.D.Pa. filed Dec. 8, 2003) (``Morrett Plea Agreement''); United States v. Morrett, Criminal Docket No. 03-337, Judgment (M.D.Pa. filed May 16, 2005 and entered May 18, 2005). 47 C.F.R. § 54.521; 47 C.F.R. § 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. § 54.521). 47 C.F.R. § 54.521(a)(4). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-9227, ļļ 67-74 (2003) (``Second Report and Order''). Second Report and Order, 18 FCC
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- Commission 9300 East Hampton Drive Capitol Heights, MD 20743 If you have any questions, please contact Ms. Lee via mail, by telephone at (202) 418-0843 or by e-mail at diana.lee@fcc.gov. Sincerely yours, William H. Davenport Chief Investigations and Hearings Division Enforcement Bureau cc: Carla Stern, Assistant United States Attorney, DOJ (E-mail) Kristy Carroll, Esq., USAC (E-mail) See 47 C.F.R. §§ 0.111(a)(14), 54.521. Letter from William H. Davenport, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Haider Bokhari, Notice of Suspension and Proposed Debarment, 20 FCC Rcd 3599 (Inv. & Hearings Div., Enf. Bur. 2005) (Attachment 1). 70 Fed. Reg. 11972 (Mar. 10, 2005). See id., 20 FCC Rcd at 3599-3602. See 47 C.F.R. § 54.521(e)(3) and (4). That
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- 303(q) of the Act, and Sections 17.21(a), 17.47, 17.48 and 17.49 of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Lotus Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for repeatedly violating Section 303(q) of the Act, and Sections 17.21(a), 17.47, 17.48 and 17.49 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- ) ) ) ) ) MB Docket No. 05-95 NAL/Acct No. MB 20041810004 Facility ID No. 92810 Facility ID No. 94199 File No. BPED-19990907MG MEMORANDUM OPINION AND ORDER Adopted: July 6, 2005 Released: July 7, 2005 By the Acting Chief, Enforcement Bureau: introduction By this Memorandum Opinion And Order, acting pursuant to authority delegated to the Enforcement Bureau under section 0.111(a)(17) of the Commission's rules, we dismiss the above-captioned proceeding pursuant to section 1.92(d) of the Commission's rules. We conclude, based on the evidence described herein that KEGG Communications, Inc. (``KCI'') surrendered the license for FM translator Station K216EQ, Daingerfield, Texas and that the Media Bureau canceled that authorization. We further note that the presiding Administrative Law Judge (``Presiding Judge'') dismissed
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- Tung Shih waives its right to a hearing, the Chief Administrative Law Judge (or the presiding officer if one has been designated) SHALL, at the earliest practicable date, ISSUE an order reciting the events or circumstances constituting a waiver of hearing, terminating the hearing proceeding, and certifying the case to the Commission. IT IS FURTHER ORDERED that, pursuant to Section 0.111(b) of the Rules, the Enforcement Bureau shall serve as trial staff in this proceeding. IT IS FURTHER ORDERED that, the burden of proceeding with the introduction of evidence and the burden of proof with respect to the issues specified above shall be on the Enforcement Bureau. IT IS FURTHER ORDERED that a copy of this Order to Show Cause shall
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- providing its financial statements, HBS has neither submitted, nor cited to, any other evidence supporting its claim of financial hardship. However, in recognition of the fact that HBS has maintained heretofore a good overall compliance record, we will reduce the forfeiture from $10,000 to $8,000. 5. Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, Hispanic Broadcast System, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for its willful and repeated broadcast of advertisements in violation of section 73.503(d) of the Commission's rules and section 399B of the Act. 6. Payment of the forfeiture must be made in the manner provided
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- including those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the enforcement proceeding. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the Enforcement Bureau's enforcement proceeding IS TERMINATED. IT IS FURTHER ORDERED that Sprint Spectrum L.P. d/b/a Sprint PCS will make a voluntary contribution to the United States Treasury in the amount of thirty-five thousand dollars ($35,000) within 30 calendar days after
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- private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary McEnery, Deputy Chief Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. §§ 201(b) and 203(c); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. (1996); 47 C.F.R.
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- private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary McEnery, Deputy Chief Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. §§ 201(b) and 203(c); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. (1996); 47 C.F.R.
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- private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary McEnery, Deputy Chief Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. §§ 201(b) and 203(c); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. (1996); 47 C.F.R.
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- private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary McEnery, Deputy Chief Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. §§ 201(b) and 203(c); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. (1996); 47 C.F.R.
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- private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary McEnery, Deputy Chief Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. §§ 201(b) and 203(c); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. (1996); 47 C.F.R.
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- hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by approving the Consent Decree and terminating the investigation. ACCORDINGLY, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's Rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the forfeiture proceeding against Kermit L. Dilworth, Jr. IS TERMINATED. IT IS FURTHER ORDERED that copies of this Order shall be sent by regular first class mail and certified mail - return receipt requested, to Kermit L. Dilworth at his address of record.
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- the associated time and resources of the parties and the Commission, and will promote the private resolution of disputes. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 224, sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 1.1401-1.1418, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Formal Complaint, File No. EB-03-MD-020 (filed Dec. 17, 2003). 47 U.S.C. § 224. 47 C.F.R. § 1.1409. Joint Motion
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- for hearing. Consequently, we hereby designate the matter for hearing before a Commission administrative law judge to provide Mr. Cox with an opportunity to demonstrate why his license should not be revoked. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to sections 312(a) and (c) of the Communications Act of 1934, as amended, and authority delegated pursuant to sections 0.111, 0.311, and 1.91(a), of the Commission's rules, David Edward Cox is hereby ORDERED TO SHOW CAUSE why his authorization for Amateur Radio Advanced Class License W5OER SHOULD NOT BE REVOKED. David Edward Cox shall appear before an administrative law judge at a time and place to be specified in a subsequent order and provide evidence upon the following issues: (a)
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- Orleans Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Mr. Loflin. Mr. Loflin has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, David M. Loflin IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly operating a station on an unauthorized channel in violation of Section 73.1350(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- proposed forfeiture is warranted, given Silva's voluntary surrender of his operating equipment and his amateur license, and his ability to pay. Accordingly, the forfeiture amount is reduced from twenty thousand dollars ($20,000) to five hundred dollars ($500). IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Raimundo P. Silva IS LIABLE FOR A MONETARY FORFEITURE in the amount of $500 for willfully and repeatedly violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- in operational readiness condition, failing to maintain a main studio in compliance with the Rules, and failing to maintain a complete public inspection file. We find it appropriate to reduce the forfeiture for these violations from $25,000 to $18,000. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Twenty-One Sound Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eighteen thousand hundred dollars ($18,000) for willfully and repeatedly violating Sections 11.35(a), 73.1125(a) and 73.3526(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation or reduction of the $7,000 forfeiture proposed for this violation. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Hightech CB Shop IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and 2.803(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the above-captioned complaint IS DISMISSED in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Formal Complaint, File No. EB-05-MD-005 (filed Apr. 21, 2005). 47 U.S.C. §§ 201, 202, and 203. Joint Request for Dismissal of
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- including that of Stations KLMO and KSKE. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act and Section 1.106 of the Rules, Pilgrim Communications, Inc.'s petition for reconsideration of the May 19, 2004 Forfeiture Order IS hereby DENIED. 8. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Pilgrim Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand dollars ($11,000) for willful and repeated violation of Section 73.1125(a) of the Rules and willful violation of Sections 73.1560(a) and 73.1745(a) of the Rules. 9. Payment of the forfeiture shall be made in the manner provided in Section 1.80
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- nor reduction of the forfeiture is appropriate. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act and Section 1.106 of the Rules, Pilgrim Communications, Inc.'s petition for reconsideration of the May 19, 2004 Forfeiture Order IS hereby DENIED. 7. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Pilgrim Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of nineteen thousand dollars ($19,000) for willful and repeated violation of Sections 11.35, 73.1125(a), 73.1560(a) and 73.1745(a) of the Rules. 8. Payment of the forfeiture shall be made in the manner provided in Section 1.80 of the Rules within 30 days of
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- resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Therefore, we grant NIBC's request and dismiss the application for review with prejudice. Accordingly, IT IS ORDERED that, pursuant to Sections 1, 4(i) and 4(j) of the Act, and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, New Inspiration Broadcasting Co., Inc.'s February 14, 2005, application for review IS DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that a copy this Order shall be sent by regular mail and by certified mail, return receipt requested, to counsel for Uniradio Corp., Mark C. Del Bianco, Esq., 3929 Washington Street, Kensington, Maryland 20895, and
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- response to Ms. Lee at the following address: Federal Communications Commission 9300 East Hampton Drive Capitol Heights, MD 20743 . Sincerely yours, William H. Davenport Chief Investigations and Hearings Division Enforcement Bureau cc: Brian Perry, Esq., Nealson & Gover Kristy Carroll, Esq., USAC (E-mail) Marty Carlson, Esq., Assistant United States Attorney, Middle District of Pennsylvania (E-mail) See 47 C.F.R. §§ 0.111(a)(14), 54.521. Letter from William H. Davenport, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Ronald R. Morrett, Jr., Notice of Suspension and Proposed Debarment, 20 FCC Rcd 10888 (Inv. & Hearings Div., Enf. Bur. 2005) (Attachment 1). 70 Fed. Reg. 40360 (Jul. 13, 2005). See Notice of Suspension, 20 FCC Rcd at 10888-91. See 47 C.F.R.
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- result of our review, we conclude that Mr. Vera-Maury willfully violated Section 73.49 of the Rules. However, consistent with Mr. Vera-Maury's claim, we reduce the proposed forfeiture to $5,600 based on Mr. Vera-Maury's history of compliance with the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Angel Vera-Maury IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand six hundred dollars ($5,600) for willfully violating Section 73.49 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- we conclude that Mr. Riels willfully violated Section 301 of the Act. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $650 is appropriate based on Mr. Riels' demonstrated inability to pay. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jeremy R. Riels IS LIABLE FOR A MONETARY FORFEITURE in the amount of six hundred fifty dollars ($650) for willfully violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- documentation, there is no demonstrated inability to pay and thus no basis for reduction of the forfeiture amount. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act and Section 1.106 of the Rules, Mr. Clephar's petition for reconsideration IS DENIED. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Mr. Clephar IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not paid
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- District Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Mr. Guerrero. Mr. Guerrero has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Rafael C. Guerrero IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly failing to maintain operational EAS equipment at KRSC(AM), Othello, Washington, in violation of Section 11.35 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Bee Taxi Corporation. Bee Taxi Corporation has neither paid the NAL nor filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Bee Taxi Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If
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- inability to pay. We agree with Snow Hill, however, that the proposed forfeiture of $10,000 is in excess of the amount assessed in the past for similar public file violations. We therefore reduce the forfeiture to $4000 because the public file was partially complete. Ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Snow Hill Broadcasting, L.L.C., IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willful and repeated violations of 73.3526(e)(6), 73.3526(e)(8), 73.3526(e)(9), and 73.3526(e)(12) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days
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- to come into compliance with Commission rules or policy is expected, and does not nullify or mitigate any prior forfeitures or violations.'' We do find, however, that based on Mr. Senatus's demonstrated inability to pay, the proposed forfeiture amount should be reduced to $2,500. Ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Jean L. Senatus IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand five hundred dollars ($2,500) for willful and repeated violation of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the
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- amended (the ``Act''). On July 30, 2004, the Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $20,000 to PSN. PSN has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Pacific Spanish Network, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty thousand dollars ($20,000) for willfully and repeatedly violating the express terms and conditions of its Section 325(c) permit. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- Wireless possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that Endless Mountains Wireless will make a voluntary contribution to the United States Treasury in the amount of twenty thousand dollars ($20,000) within 30 calendar days after the Effective Date of the Adopting Order. Payment of the forfeiture must be made by
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- Locus possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, DC 20554 In the Matter of Locus Telecommunications, Inc. ) ) ) ) ) File No. EB-04-IH-0519 Acct. No. 200532080146
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- this extension to all waivers in place, whether or not the cable system has filed a request. Although we deny the petitioners' requests for longer extensions of their temporary waivers of section 11.11(a), we reserve the right to revisit this proceeding as the March 1, 2006 date approaches. IV. ORDERING CLAUSE 10. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Vista III Media, L.L.C.; Oldtown Community Systems, Inc.; Northland Cable Properties, Inc.; Neu Ventures, Inc., d/b/a Mountain Zone TV Systems; Galaxy Cable, Inc.; Long View Cable and Data, LLC; Upper Peninsula Communications, Inc.; Prairieburg Telephone Company, Inc.; Project Services, Inc.; Clearview Cable, Inc.; Long Lines Metro, LLC; Tex-Tech, Inc.; Carson Communications, LLC; Nepsk, Inc.,
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- Carson, we conclude that temporary waivers of section 11.11(a) of the rules its cable television systems in Havensville and Onaga, Kansas, are warranted. In particular, we find that the estimated $20,000 cost to purchase and install EAS equipment at these recently acquired cable television systems could impose a financial hardship on Carson. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0.204(b) and 0.311 of the rules, Carson Communications, Inc.'s request for temporary waivers of section 11.11(a) of the rules is GRANTED until October 1, 2005, for its cable television systems in Havensville and Onaga, Kansas. IT IS FURTHER ORDERED that Carson Communications, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDER that a copy
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- of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Lisa B. Griffin Deputy Chief, Market Disputes Resolution Division Enforcement Bureau . . . (``SBC/Ameritech Merger Order'') at Appendix C (``Conditions''). CoreComm Communications, Inc. and Z-Tel Communications, Inc. v. SBC
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- we hereby dismiss it without prejudice. Ordering Clauses Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 208 and 276 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), 208, and 276, sections 1.720-1.736 and 64.1300-64.1320 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, 64.1300-64.1320, and the authority delegated pursuant to sections 0.111 and 0.131 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.131, that Complainants' claims under sections 201(b) and 276 of the Act are GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), 208, and 416 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 208, and 416, sections 1.720-1.736 and 64.1300-64.1320 of the Commission's rules,
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- inability to pay. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED THAT, pursuant to Section 405 of the Act and Section 1.106 of the Rules, FMG's July 8, 2004 Petition for Reconsideration of the Enforcement Bureau's Forfeiture Order issued on June 8, 2004 IS DENIED. 15. IT IS ALSO ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Fun Media Group IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully violating Section 17.50 of the Rules. 16. Payment of the forfeiture shall be made in the manner provided in Section 1.80 of the Rules within 30 days of the release of the Order. If the
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- resolution of this dispute and by eliminating the need for further litigation and the expenditure of further time and resources of FTP and of this Commission. Therefore, we grant FTP's request and dismiss its petition for reconsideration with prejudice. Accordingly, IT IS ORDERED that, pursuant to Sections 1, 4(i) and 4(j) of the Act, and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, FTP Corporation's September 7, 2004, petition for reconsideration IS DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that a copy this Order shall be sent by regular mail and by certified mail, return receipt requested, to FTP Corporation, 1940 Fillmore Street, San Francisco, California 94115. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See
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- are no substantial or material questions of fact with respect to this matter as to whether ART or First Avenue possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by section 0.111 and 0.311 of the Commission's Rules, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau 47 C.F. R. §1.9020. 47 U.S.C. § 154(i). 47 C.F.R. §§ 0.111, 0.311. Federal Communications Commission DA 05-2672 DRAFT Federal Communications Commission DA 05-XXX Î Ų Í Î
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- reference. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and the authority delegated by section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of MCI, Inc. Compliance with Rules Regarding Thousands-Block Number Pooling ) ) ) )
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- Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $17,000 to Mr. Sims. Mr. Sims has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Russell A. Sims, Jr. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for operating a citizens band radio station without Commission authorization and refusing to make his station available for inspection in violation of Sections 301 and 303(n) of the Act and Section 95.426(a) of the Rules. 4. Payment of
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- associated with the violation of Section 11.35 of the Rules, but conclude that Clamor willfully and repeatedly violated Section 73.1125 of the Rules. We find no basis for cancellation or reduction of the $7,000 forfeiture proposed for this violation. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, the forfeiture in the amount of eight thousand dollars ($8,000) for violation of Section 11.35 of the Rules proposed in the November 16, 2004 Notice of Apparent Liability issued to Clamor Broadcasting Network Inc. IS CANCELED. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended,
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- (``Kansas City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Ms. Salazar. Ms. Salazar has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Maria L. Salazar IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violation of Sections 11.35(a) and 73.3526(e) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- procedural rules. V. ORDERING CLAUSE Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), 208, and 276, and sections 1.3, 1.711-1.736, and 64.1300-64.1320 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.711-1.736, 64.1300-64.1320, and the authority delegated pursuant to sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Complainants' motion for partial waiver of section 1.718 of the Commission's rules IS GRANTED to the extent set forth above, and is otherwise DENIED. FEDERAL COMMUNICATIONS COMMISSION Kris A. Monteith Chief, Enforcement Bureau 47 C.F.R. §§ 1.3, 1.727. APCC Services, et. al., v. NetworkIP, LLC and Network Enhanced
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- advertising messages identified above. We have further determined that Septic Safety is apparently liable for a forfeiture in the amount of $14,500. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. § 0.111, 0.311, that Septic Safety, Inc. IS hereby NOTIFIED of an Apparent Liability for Forfeiture in the amount of $14,500 for willful or repeated violations of section 227(b)(1)(B) of the Act, 47 U.S.C. § 227(b)(1)(B), section 64.1200(a)(2) of the Commission's rules, 47 C.F.R. § 64.1200(a)(2), and the related orders described above.
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- records confirms, that the company holds other equipment authorizations and has no ``prior offenses.'' In view of B.E.A.'s overall history of compliance with the Commission's equipment authorization and related requirements, we find that a reduction of the proposed forfeiture to $17,000 is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Bureau D'Electronique Appliquee, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willfully and repeatedly violating Section 302(b) of the Communications Act and Section 2.803(a) of the Commission's Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- inspection file. V. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, Twenty-One Sound Communications, Inc.'s petition for reconsideration of the July 27, 2005 Forfeiture Order IS hereby DENIED. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Twenty-One Sound Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of eighteen thousand dollars ($18,000) for willful and repeated violation of Sections 11.35(a), 73.1125(a), and 73.3526(a) of the Rules. Payment of the $18,000 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- provide the requested protection, its egregious act of essentially unilaterally granting itself a network nonduplication waiver, the length of the violation, and the substantial harm to KSNF's network nonduplication rights warrant the proposed forfeiture in excess of the base amount. Ordering clauses ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.283, and 1.80 of the Commission's rules, that Cable One, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Twenty Thousand Dollars ($20,000) for willfully and repeatedly violating Section 76.92(a) of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days of the release of this
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- UNI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, DC 20554 In the Matter of United Networks International, Inc. ) ) ) ) ) File No. EB-04-IH-0652 Acct. No.
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- that, in the absence of material new information not previously disclosed to the Bureau, the matters raised in the investigation do not raise any substantial and material questions of fact regarding CenturyTel's qualifications to be a Commission licensee. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) CenturyTel, Inc. ) File No. EB-03-TC-121 ) NAL Acct. No. 200632170001 Compliance with the
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- As a Commission licensee, SDN's is charged with the responsibility for knowing and complying with the terms of its authorizations, the Act and the Rules, including the requirement to timely renew the authorizations and maintain operating authority for its three earth stations. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, SDN IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand dollars ($19,000) for its apparent willful and repeated violations of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty
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- a downward adjustment of the proposed aggregate forfeiture from $6,500 to $5,200 is warranted because Journal made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Journal IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand, two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within
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- pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we reduce the forfeiture proposed for this violation to $5,600, based on Family's history of compliance with the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Family Educational Association Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand six hundred dollars ($5,600) for willfully and repeatedly violating Section 73.1350(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- did not explain the degree to which this information is commercial or financial or contains a trade secret as required by Section 0.459(b)(3), or explain how disclosure of such information could result in substantial competitive harm as required by Section 0.459(b)(5), we deny its request for confidentiality of this information. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311, 0.459(c) and 0.459(d)(2) of the Rules, that the Confidentiality Request filed on March 25, 2005 by Antenna System and Supplies, Inc. IS GRANTED IN PART AND DENIED IN PART as described herein. IT IS FURTHER ORDERED, pursuant to Section 0.459(g) of the Rules, that Antenna System and Supplies, Inc. may file an application for review of this denial with
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- private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the above-captioned complaints ARE DISMISSED WITH PREJUDICE in their entirety and the proceedings ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary McEnery, Deputy Chief Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. §§ 201(b) and 203(c); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. (1996); 47 C.F.R.
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- review, we conclude that Gerritsen willfully and repeatedly violated Section 333 of the Act. Considering the entire record and the factors listed above, we find that neither reduction or cancellation of the proposed $21,000 forfeiture is warranted IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jack Gerritsen IS LIABLE FOR A MONETARY FORFEITURE in the amount of $21,000 for willfully and repeatedly violating Section 333 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- review, we conclude that Gerritsen willfully violated Sections 321(b) and 333 of the Act. Considering the entire record and the factors listed above, we find that neither reduction or cancellation of the proposed $21,000 forfeiture is warranted IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jack Gerritsen IS LIABLE FOR A MONETARY FORFEITURE in the amount of $21,000 for willfully violating Sections 321(b) and 333 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- the Forfeiture Order. V. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, Hightech CB Shop's petition for reconsideration of the July 27, 2005 Forfeiture Order IS hereby DENIED. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Hightech CB Shop IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 302(b) of the Act and Section 2.803(a) of the Rules. Payment of the $7,000 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we reduce the forfeiture proposed for this violation to $2,400, based on Arcom's history of compliance with the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Arcom Communications IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand four hundred dollars ($2,400) for willfully and repeatedly violating Section 17.4(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- conclude that Schikora and the Horner Trust willfully and repeated violated Section 17.57. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $3,000 forfeiture is warranted IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Gary M. Schikora and the George Horner Trust ARE LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully and repeatedly violating Section 17.57 of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- cease operating on the unauthorized frequency until six months after it first was warned of the unauthorized operation by the New York Office. We do find, however, that based on Classic's demonstrated inability to pay, the proposed forfeiture amount should be reduced to $2,500. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Classic Car Service Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand five hundred dollars ($2,500) for willful and repeated violation of Section 1.903(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- the Forfeiture Policy Statement. As a result of our review, we conclude that Forsberg willfully and repeatedly violated Section 17.4(a) of the Rules. We find no basis for cancellation or reduction of the $6,000 forfeiture proposed for these violations. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, T.A. Forsberg, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand hundred dollars ($6,000) for willfully and repeatedly violating Section 17.4(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- equipped with specific types of lighting to ensure air safety. We therefore cancel the forfeiture as to antenna structure #1006025. Considering the entire record and the factors listed above, we find that a $3,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, ACS Wireless IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully and repeatedly violating Section 17.57 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- result of our review, we conclude that Butterfield willfully and repeated violated Section 73.49. Considering the entire record and the factors listed above, we find that neither reduction or cancellation of the proposed $7,000 forfeiture is warranted IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Butterfield Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 73.49 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- interest will by served by adopting the Consent Decree. We also conclude that the matters raised in the investigation do not raise any substantial or material questions of fact regarding the Receivers' qualifications to remain a Commission licensee. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) and (j) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's rules, that the Consent Decree attached hereto IS ADOPTED. 5. IT IS FURTHER ORDERED that the Receivers shall make their voluntary contribution to the United States Treasury by mailing a check or similar instrument payable to the order of the Federal Communications Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340. Payment by overnight mail may be
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of MCI, Inc. IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date on which MCI must convert its informal complaints
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- willfully and repeatedly violated Sections 11.35, 73.840, 73.845, and 73.1660(a)(2) of the Rules. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $10,000 is appropriate based on Halifax's demonstrated inability to pay. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Halifax Christian Community Church, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Sections 11.35, 73.840, 73.845, and 73.1660(a)(2) of the Rules by failing to install and maintain operational Emergency Alert System equipment and operating overpower with a non-certified transmitter from an
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- whether PFI possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS TERMINATED. IT IS FURTHER ORDERED that Perfect Fit Industries, Inc. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management
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- Rules by identifying the need to obtain separate certification for the devices and submitting a purchase order for final testing and certification prior to the Enforcement Bureau's issuance of the letter of inquiry. Accordingly, we reduce the forfeiture amount from $25,000 to $20,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Bureau D'Electronique Appliquee, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of
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- the Commission's underwriting rules. We will not hesitate to take even stronger enforcement action against noncommercial educational licensees that engage in similarly serious violations of our underwriting requirements. IV. ORDERING CLAUSES 17. In view of the foregoing, we conclude that a monetary sanction is appropriate. Accordingly, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80 of the Commission's rules, Minority Television Project, Inc., licensee of noncommercial educational Station KMTP-TV, San Francisco, California, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $7,500 for willfully and repeatedly broadcasting advertisements in violation of section 399B of the Act, 47 U.S.C. § 399b, and section 73.621 of the Commission's rules,
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- the Commission's underwriting rules. We will not hesitate to take even stronger enforcement action against noncommercial educational licensees that engage in similarly serious violations of our underwriting requirements. IV. ORDERING CLAUSES 13. In view of the foregoing, we conclude that a monetary sanction is appropriate. Accordingly, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80 of the Commission's rules, Hispanic Broadcast Systems, Inc., licensee of noncommercial educational Station WQQZ(FM), Clermont, Florida, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000 for willfully and repeatedly broadcasting advertisements in violation of section 399B of the Act, 47 U.S.C. § 399b, and section 73.503 of the Commission's rules, 47
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- well. As a result of our review, we conclude that Kimtron willfully and repeatedly violated Sections 11.35(a), 11.61(a)(1)(i), and 11.61(a)(2)(i)(A) of the Rules, but we find that the forfeiture for these violations should be reduced to $4,800 because of Kimtron's history of past compliance. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Kimtron, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand eight hundred dollars ($4,800) for its willful and repeated violation of Sections 11.35(a), 11.61(a)(1)(i), and 11.61(a)(2)(i)(A) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion IS GRANTED, that the proceeding IS DISMISSED WITH PREJUDICE, and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Motion for Enforcement of Commission Memorandum Opinion and Order and Forfeiture, File No. EB-04-MD-011 (filed Aug.
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- City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Mr. Westcott. Mr. Westcott has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Paul D. Westcott IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly failing to respond to Commission requests for information about his station. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- no substantial or material questions of fact with respect to this matter as to whether Comcast possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and the authority delegated by section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of. Comcast Corporation Compliance with Rules Regarding Thousands-block Number Pooling ) ) ) )
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- United States Attorney, DOJ (E-mail) Kristy Carroll, Esq., USAC (E-mail) United States v. Bokhari et al, Case No. 04-CR-0056-RTR, Superceding Indictment (E.D.WI filed September 24 2004 and entered October 4, 2004) (``Bokhari Superceding Indictment''); United States v. Haider Bokhari, Case No. 04-CR-0056-RTR, Judgment (E.D.WI filed January 28, 2005 and entered February 3, 2005). 47 C.F.R. § 54.521; 47 C.F.R. § 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. § 54.521). 47 C.F.R. § 54.521(a)(4). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-9227, ļļ 67-74 (2003) (``Second Report and Order''). Second Report and Order, 18 FCC
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- Stern, Assistant United States Attorney, DOJ (E-mail) Kristy Carroll, Esq., USAC (E-mail) United States v. Bokhari et al, Case No. 04-CR-0056-RTR, Plea Agreement (E.D.WI filed and entered October 22, 2004) (``Qasim Bokhari Plea Agreement''); United States v. Qasim Bokhari, Case No. 04-CR-0056-RTR, Judgment (E.D.WI filed January 28, 2005 and entered February 3, 2005). 47 C.F.R. § 54.521; 47 C.F.R. § 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. § 54.521). 47 C.F.R. § 54.521(a)(4). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-9227, ļļ 67-74 (2003) (``Second Report and Order''). Second Report and Order, 18 FCC
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- whether SLM possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS TERMINATED. IT IS FURTHER ORDERED that St. Louis Music, Inc. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management
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- time. Accordingly, we hereby GRANT the complainants' request to withdraw this complaint without prejudice and TERMINATE this proceeding. This Order is issued pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, sections 1.720-1.722 of the Commission's rules, 47 C.F.R. §§ 1.720-1.722, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr, Division Chief Market Disputes Resolution Division Enforcement Bureau Law Offices BLOOSTON, MORDKOFSKY, DICKENS, DUFFY & PRENDERGAST 2120 L Street, NW Washington, DC 20037 (202) 659-0830 Facsimile: (202) 828-5568 February 14, 2005 WRITER'S CONTACT INFORMATION 202-828-5528 gjd@bloostonlaw.com Marlene H. Dortch, Secretary Federal Communications Commission
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- rules, within 30 days following the issuance of an order re-converting the Complaint back to active status. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 224, and sections 1.1401-1418 of the Commission's rules, 47 C.F.R. § 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Texas and Kansas City Cable Partners, L.P., d/b/a Time Warner Cable's Complaint be converted to an inactive complaint with a file number of EB-05-MDIC-0011 and a filing date of December 3, 2004. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Communications Act of
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- Based on the record before us, we conclude that our investigation raises no substantial or material questions of fact as to whether Brevard possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. ACCORDINGLY, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the complaints against Brevard dated September 10 and December 12, 2003, ARE DISMISSED. IT IS FURTHER ORDERED that the investigation by the Enforcement Bureau IS TERMINATED. IT IS FURTHER ORDERED that copies of this Order shall be sent by regular first class mail
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- the Communications Act of 1934, as amended, and Parts 2 and 15 of the Rules. PFI then filed a Motion to Withdraw the pending Application for Review. In this Order, we grant PFI's Motion to Withdraw and dismiss its Application for Review. In addition, we vacate our October 18, 2004 confidentiality ruling. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 0.111 and 0.311 of the Rules, PFI's Motion to Withdraw IS GRANTED and its Application for Review IS DISMISSED. 4. IT IS FURTHER ORDERED that the confidentiality ruling issued on October 18, 2004, Perfect Fit Industries, Inc., 19 FCC Rcd 19889 (Enf. Bur., Spectrum Enf. Div., 2004), IS VACATED. 5. IT IS FURTHER ORDERED that a copy of this Order shall
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- Commission rules or policy is expected, and does not nullify or mitigate any prior forfeitures or violations.'' However, consistent with O'hana's claim, we do find that it has a history of overall compliance with the Commission's rules and reduce the forfeiture amount to $6,400. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, O'hana Radio Partners IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand four hundred dollars ($6,400) for willful and repeated violation of Section 11.35(a) of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- Commission rules or policy is expected, and does not nullify or mitigate any prior forfeitures or violations.'' However, consistent with O'hana's claim, we do find that it has a history of overall compliance with the Commission's rules and reduce the forfeiture amount to $6,400. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, O'hana Radio Partners IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand four hundred dollars ($6,400) for willful and repeated violation of Section 11.35(a) of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- 23, 2004. After reviewing Dead Air's response, and the specific record before us, we conclude that the proposed monetary forfeiture against Dead Air should be cancelled, and Dead Air should be admonished for its violation of Section 17.4(a) of the Rules. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the proposed $3,000 forfeiture issued to Dead Air Broadcasting, Inc. IS CANCELLED. IT IS FURTHER ORDERED that Dead Air Broadcasting, Inc., IS ADMONISHED for failure to register its tower. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail, Return Receipt Requested, to Jo Ann
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- and Governmental Affairs Bureau Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 This Order is issued pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311. FEDERAL COMMUNICATIONS COMMISSION Lisa B. Griffin, Deputy Division Chief Market Disputes Resolution Division Enforcement Bureau 47 C.F.R. § 1.718. See Judware v. Verizon, Order, DA 05-6, 2005 WL 22880 (F.C.C.) (January 5, 2005); Judware v. Verizon, Order, DA 04-2837, 2004 WL 1944886 (F.C.C.) (September 1, 2004); Judware v. Verizon,
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of MCI IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date on which MCI must convert its informal complaints against
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that OCI's request for extension IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of the Commission's rules, 47 C.F.R. § 1.718, are hereby waived, and the date on which OCI must convert its informal complaints against
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that OCI's request for extension IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of the Commission's rules, 47 C.F.R. § 1.718, are hereby waived, and the date on which OCI must convert its informal complaints against
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether WVRM possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. ACCORDINGLY, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the complaints against WVRM dated August 14, 2002, and March 15, 2004, ARE DISMISSED. IT IS FURTHER ORDERED that the investigation by the Enforcement Bureau IS TERMINATED. IT IS FURTHER ORDERED that copies of this Order shall be sent by regular first class
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- reference. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and the authority delegated by section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Federal Communications Commission DA 05-543 Federal Communications Commission DA 05-543 č é ę č é ę
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- and circumstances presented here, we find that NOE is apparently liable in the amount of $10,000 for violating the telephone broadcast rule on two occasions, $6,000 for the September 12 recording and $4,000 for the September 25 recording. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80 of the Commission's rules, NOE, LLC, licensee of Station KNOE-TV, Monroe, Louisiana, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000.00 for apparently willfully and repeatedly violating section 73.1206 of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the rules, within thirty (30) days of this
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CCG possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. ACCORDINGLY, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the complaints against CCG dated October 3, 2002 and February 3, 2003, ARE DISMISSED. IT IS FURTHER ORDERED that the investigation by the Enforcement Bureau IS TERMINATED. IT IS FURTHER ORDERED that copies of this Order shall be sent by regular first class
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- Criminal Docket No. 03-337, Information at 4 (M.D.Pa. filed December 8, 2003) (``Weaver Information''); United States v. Weaver, Criminal Docket No. 03-337, Plea Agreement at 1-2 (M.D.Pa. filed December 8, 2003) (``Weaver Plea Agreement''); United States v. Weaver, Judgment (M.D.Pa. filed on March 1, 2005 and entered on March 4, 2005) (``Weaver Judgment''). 47 C.F.R. § 54.521; 47 C.F.R. § 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. § 54.521). 47 C.F.R. § 54.521(a)(4). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-9227, ļļ 67-74 (2003) (``Second Report and Order''). Second Report and Order, 18 FCC
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- upward adjustment from the base amount is warranted here, particularly in light of Scripps Howard's decision to repeat the offending broadcast after Mr. Olson complained to the station. We therefore propose a forfeiture of $6,000 in this instance. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, and 1.80 of the Commission's rules, Scripps Howard Broadcasting Company, licensee of Station WEWS-TV, Cleveland, Ohio, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $6,000 for apparently willfully violating section 73.1206 of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the rules, within thirty (30) calendar days of the
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- of assets and termination of operations. While we cancel the proposed forfeiture, we admonish Mallard for its willful and repeated violation of the cable signal leakage standards as set forth in Sections 76.605(a)(12) and 76.611(a)(1) of the Commission's Rules. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, that the proposed forfeiture in the amount of eight thousand dollars ($8,000) issued to Mallard Cablevision in the May 25, 2004 Notice of Apparent Liability for willful and repeated violations of Sections 76.605(a)(12) and 76.611(a)(1) of the Rules IS CANCELLED. IT IS FURTHER ORDERED that Mallard Cablevision IS ADMONISHED for its willful and
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- NAL until January 31, 2005. The Anchorage Resident Agent granted the extension of time until January 31, 2005. Coleman, however, has failed to file a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Chester P. Coleman c/o American Radio Brokers, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $24,000 for willfully and repeatedly violating Sections 73.1125(a) and (e), 73.1740(a)(1) and 73.1745(b) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- we will require, pursuant to Section 308(b) of the Act, ARB, Inc. to report to the Enforcement Bureau, within thirty (30) days of the release of this Order, whether it has achieved compliance with Section 17.51(a) of the Rules. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, American Radio Brokers, Inc., d/b/a/ Radio Station KFFR 1020, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $13,000 for willfully and repeatedly violating Section 303(q) of the Act, and Sections 17.48(a) and 17.51(a) of the Rules. 5. IT IS ALSO ORDERED that, pursuant to Section 308(b) of the Act, American Radio
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- Quarter 2005 Revenues - Total Program Collection) / Second Quarter 2005 Revenues) 1 - (($18.331555 - $1.806503) / $18.331555 billion) 0.098546086. Proposed Contribution Factor The Commission has directed the Bureau to announce the contribution factor as a percentage rounded to the nearest tenth of one percent. Accordingly, the proposed contribution factor for the second quarter of 2005 is as follows: 0.111. Proposed Circularity Factor The Commission also has directed the Bureau to account for contribution factor rounding when calculating the circularity discount factor. Accordingly, the proposed circularity factor for the second quarter of 2005 is as follows: 0.103230. Conclusion If the Commission takes no action regarding the projections of demand and administrative expenses and the proposed contribution factor within the 14-day
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- need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau 1 Formal Complaint, File No. EB-03-MD-017 (filed Oct. 23, 2003) (``Complaint''). 47 U.S.C. § 208. Complaint
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of MCI, Inc. IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date on which MCI must convert its informal complaints
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- mail. All other rules relating to formal complaints apply in their entirety, including sections 1.725-1.736 of the Commission's rules. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 208, section 1.3 of the Commission's rules, 47 C.F.R. § 1.3, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that on or before April 22, 2005, informal complainants submit notice of intent to proceed as specified above. Any informal complainant that does not provide such notice waives its right to convert its informal complaint into a formal complaint for damages. IT IS FURTHER ORDERED, pursuant to sections
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- believe that M.B. Communications continues to operate station WYLF in excess of the station's authorized power. Accordingly, we direct M.B. Communications to report to Regional Counsel for the Northeast Region within thirty (30) days, whether station WYLF is operating consistent with the station's authorization. Ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, M.B. Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand dollars ($11,000) for repeated violations of 73.1560(a)(1), 73.1745(a), and 73.49 of the Rules. M.B. Communications made a ``good faith'' payment on August 31, 2004, and thus the balance due is nine thousand dollars ($9,000). IT IS FURTHER ORDERED that,
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- and Governmental Affairs Bureau Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 This Order is issued pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311. FEDERAL COMMUNICATIONS COMMISSION Lisa B. Griffin, Deputy Division Chief Market Disputes Resolution Division Enforcement Bureau 47 C.F.R. § 1.718. See Judware v. Verizon, Order, DA 04-3467, 2004 WL 2434283 (F.C.C.) (November 1, 2004); Judware v. Verizon, Order, DA 04-2837, 2004 WL 1944886 (F.C.C.) (September 1, 2004); Judware v. Verizon,
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- revise its station identification announcements in order to comply with section 73.1201. As the Commission has held previously, however, a licensee's post-investigation remedial efforts are irrelevant to our consideration of the appropriate penalty in a forfeiture proceeding. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80 of the Commission's Rules, Leighton Enterprises, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for willfully and repeatedly broadcasting station identification announcements in violation of section 73.1201 of the Commission's rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's rules, within thirty days of
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- the Commission's underwriting rules. We will not hesitate to take even stronger enforcement action against noncommercial educational licensees that engage in similarly serious violations of our underwriting requirements. IV. ORDERING CLAUSES 12. In view of the foregoing, we conclude that a monetary sanction is appropriate. Accordingly, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80 of the Commission's rules, Caguas Educational TV, Inc., licensee of noncommercial educational Station WLAZ(FM), Kissimmee, Florida, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000 for willfully and repeatedly broadcasting advertisements in violation of section 399B of the Act, 47 U.S.C. § 399b, and section 73.503 of the Commission's rules, 47
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- 3. Main Studio and Program Origination Rules, 3 FCC Rcd 5024 (1988). Main Studio and Program Origination Rules, 3 FCC Rcd 5024, ļ24 (footnotes omitted). The Commission further elaborated on the requirement of a ``meaningful management and staff presence'' in the Jones Eastern Cases, cited above. 47 C.F.R. § 0.445(e). 47 C.F.R. § 73.1125(e). Response at 3. 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4). 47 U.S.C. § 504(a). See 47 C.F.R. § 1.1914. (continued....) Federal Communications Commission DA 05-729 Federal Communications Commission DA 05-729 ^ 0 Ô 2
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- our review of the financial documentation provided, we conclude that payment of the proposed forfeiture would impose financial hardship on Mr. Goodman. In view of Mr. Goodman's extreme financial distress, cancellation of the $10,000 forfeiture assessment is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the forfeiture in the amount of ten thousand dollars ($10,000) proposed in the September 14, 2004, Notice of Apparent Liability for Forfeiture issued to Milton Goodman IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Memorandum Opinion and Order shall be sent by First Class and Certified Mail Return Receipt Requested to
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- York Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Cibao Express. Cibao Express has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Cibao Express - Car & Limo Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating 47 C.F.R. § 1.903(a). Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of
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- record before us, we conclude that WTMR willfully and repeatedly violated Section 73.1745(a) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $4,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, WTMR License Limited Partnership IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willful and repeated violated of Section 73.1745(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release
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- World possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau 47 U.S.C. § 254. 47 C.F.R. §§ 1.1157, 52.17, 54.706, 54.711, 64.604, 64.1195. 47 U.S.C. § 154(i). 47 C.F.R. §§ 0.111, 0.311. Federal Communications Commission FCC
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- for Forfeiture (``NAL'') in the amount of $13,000 to El Dorado. Despite repeated contacts by the Los Angeles Office, El Dorado has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, El Dorado 900, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $13,000 for willfully and repeatedly violating of Section 303(q) of the Act, and Sections 17.23, 17.47, 17.48, and 17.57 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- from $6,500 to $4,000 is warranted because Gilmore made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action and because of Gilmore's history of overall compliance. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Gilmore IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand ($4,000) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of
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- public interest by promoting the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Act, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111, 0.311, and 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.720-1.736, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Letter to Lisa B. Griffin and Anthony J. DeLaurentis, FCC, from Frank G. Lamancusa, counsel for GCI, and James F. Bendernagel, Jr.,
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- regular mail by the United States Postal Service, and by hand by the Idaho County Sheriff's Department. Despite these contacts, Scrugham has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, William W. Scrugham, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- violation of section 227 of the Act and the Commission's rules and orders by delivering at least two unsolicited, prerecorded advertising messages to two consumers. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), section 1.80 of the Commission's rules, 47 C.F.R. § 1.80, and authority delegated by sections 0.111 and 0.311 of the Rules, 47 C.F.R. §§ 0.111, 0.311, that Septic Safety, Inc., and all of its affiliated companies, including Environmental Safety International, Inc., Environmental Products International, Environmental Products, EPI, EPIU, DJC Holding Company, SAACA Industries, Inc., EPI, Inc., and ESI Products, SHALL FORFEIT to the United States Government the sum of $9,000 for willfully and repeatedly violating the
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- the fact that AGF has a history of compliance and that it voluntarily disclosed the violations to Commission staff. Accordingly, on the basis of AGF's history of compliance and voluntary disclosure, we are downwardly adjusting the proposed forfeiture from $29,000 to $20,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, American General Finance, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for its apparent willful and repeated violations of Section 301 of the Act, and Sections 25.102(a) and 25.117(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
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- reduction of the forfeiture. In sum, Section 1.80(b)(4) of the Rules sets a base forfeiture amount of $3,000 for failing to file a required form. In the instant case, we do not believe a reduction or cancellation of the proposed forfeiture is warranted. IV. ordering Clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Power Radio Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000.00) for a violation of Section 73.875(c) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- review, we conclude that Major willfully and repeatedly violated Section 301 of the Act. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, William Stephen Major IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- limits. On September 12, 2005, the Enforcement Bureau, Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $7,000 to Inteligain. Inteligain has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Inteligain Corporation, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- Rules, by failing to ensure the operational readiness of the EAS equipment at KCEC-FM. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $8,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Farmworkers Educational Radio Network, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for repeatedly violating Section 11.35 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- and repeatedly violated Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $7,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, TravelCenters of America IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- broadcast equipment. Accordingly, we require, pursuant to Section 403 of the Act, that Ramsey submit a report within 30 days of the date of this NAL describing the steps it has taken to come into compliance with the Act and the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Ramsey Electronics, Inc., IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803(a) and 2.815(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 403 of the Act, Ramsey Electronics, Inc.,
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- broadcast equipment. Accordingly, we require, pursuant to Section 403 of the Act, that Ramsey submit a report within 30 days of the date of this NAL describing the steps it has taken to come into compliance with the Act and the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Ramsey Electronics, Inc., IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803(a) and 2.815(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 403 of the Act, Ramsey Electronics, Inc.,
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- hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by approving the Consent Decree and terminating the investigation. ACCORDINGLY, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's Rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the forfeiture proceeding against Gene A. Fricke IS TERMINATED. IT IS FURTHER ORDERED that copies of this Order shall be sent by regular first class mail and certified mail - return receipt requested, to Gene A. Fricke at his address of record. FEDERAL
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- whether AMAC possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS TERMINATED. IT IS FURTHER ORDERED that AMAC shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at (202)
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- and no requested relief remaining for us to grant. Accordingly, we dismiss the Complaint as moot. Ordering Clause Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 254(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Defendant's Motion to Dismiss IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE as moot, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris A. Monteith Chief, Enforcement Bureau Complaint, File No. EB-05-MD-002 (filed Feb. 1, 2005) (``Complaint''). 47 U.S.C. § 208. 47 U.S.C. §§
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- Statement, large or highly profitable entities, such as AboCom, could expect forfeitures higher than those reflected in the base amounts. Accordingly, applying the Forfeiture Policy Statement and statutory factors to the instant case, we conclude that AboCom is apparently liable for a $25,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, AboCom Systems, Inc., IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the
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- Boston Field Office (``Boston Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Simon. Simon has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Sylvane Simon IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the
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- forfeiture is appropriate in this case. Specifically, we conclude that the violation occurred due to inadequate planning and control, and not due to a deliberate attempt to deceive or to favor a particular contestant or class of contestants. V. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Commission's rules, that NM Licensing, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for willfully and repeatedly violating section 73.1216 of the Commission's rules. 12. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty (30) days of the release of this Notice,
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- Although we conclude that the unique circumstances in this case justify rescission of the $3,000 forfeiture imposed on AFA, we remind the licensee that, in the future, its responses to Commission inquiries should be complete and timely filed unless it has actively sought and received express Commission consent to do otherwise. 3. ACCORDINGLY, IT IS ORDERED, that pursuant to sections 0.111 and 0.311 and 1.113 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.113, the $3,000 forfeiture imposed in the Order on Reconsideration, released on June 23, 2006, IS HEREBY CANCELED. 4. IT IS FURTHER ORDERED, that a copy of this Order shall be sent by certified mail, return receipt requested, to Patrick J. Vaughn, General Counsel, American Family
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- in conjunction with the Forfeiture Policy Statement. We find no basis for cancellation of the forfeiture, but do find that reduction of the forfeiture amount from $4,000 to $3,200 based on New Life's history of compliance is appropriate. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, New Life Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for violation of Section 73.3526 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- whether AWID possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS TERMINATED. IT IS FURTHER ORDERED that AWID shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at (202)
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- however, that a downward adjustment of the proposed aggregate forfeiture from $6,500 to $5,200 is warranted because Lazer made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Lazer IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of five thousand, two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty
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- for hearing. Consequently, we hereby designate the matter for hearing before a Commission administrative law judge to provide Mr. Landis with an opportunity to demonstrate why his license should not be revoked. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to sections 312(a) and (c) of the Communications Act of 1934, as amended, and authority delegated pursuant to sections 0.111, 0.311, and 1.91(a), of the Commission's rules, Robert D. Landis is hereby ORDERED TO SHOW CAUSE why his authorization for Amateur Radio Advanced Class License N6FRV SHOULD NOT BE REVOKED. Robert D. Landis shall appear before an administrative law judge at a time and place to be specified in a subsequent order and provide evidence upon the following issues: (a)
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- M.B. Communications did not claim an inability to pay in response to the NAL. 47 U.S.C. § 503(b). 47 C.F.R. § 1.80. 12 FCC Rcd. 17087 (1997), recon. denied, 15 FCC Rcd. 303 (1999). 47 U.S.C. § 503(b)(2)(D). PJB Communications of Virginia, Inc., 7 FCC Rcd 2088, 2089 (1992). 47 U.S.C. § 405. 47 C.F.R. § 1.106. 47 C.F.R. §§ 0.111, 0.311, and 1.80(f)(4). M.B. Communications made a ``good faith'' payment of $2,000 on August 31, 2004, and thus the total amount due will be $9,000. 47 U.S.C. § 504(a). See 47 C.F.R. § 1.1914. (...continued from previous page) (continued....) Federal Communications Commission DA 06-1604 Federal Communications Commission DA 06-1604 @ū˙ p ļ Ë Û h5g h5g h5g
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- after the agent advised him of the statutory requirement for him to do so and in response to two official requests by a Commission representative. We find no basis for cancellation or reduction of the proposed $17,000 forfeiture. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Matthew H. Britcher IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willful and repeated violation of Sections 301 and 303(n) of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- April 18 and April 19, 2006, by operating radio transmitting equipment at 2550 Middle Road, Bettendorf, Iowa, on 103.3 MHz without the required Commission authorization. We find no basis for cancellation or reduction of the proposed $10,000 forfeiture. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jason L. Duncan IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willful and repeated violation of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the NAL. 4. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by section 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned NAL is terminated. FEDERAL COMMUNICATIONS COMMISSION __________________________ Kris A. Monteith Chief, Enforcement Bureau Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of Alltel Corporation Notice of Apparent Liability for Forfeiture ) ) ) ) ) )
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- Intelsat's ability to pay, and the seriousness of this violation as described above, we find that the base amount is appropriate in this instance. Under these circumstances, we believe that a forfeiture in the amount of $11,000 is warranted. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Intelsat North America LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand dollars ($11,000) for willfully violating Section 1.17 of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within 30 days of the release date of
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- Commission's Rules (``Rules''). On June 5, 2006, the Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Gilmore. Gilmore has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Gilmore Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- review, we conclude that Kojo willfully and repeatedly violated Section 301 of the Act. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Kojo Worldwide Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- how it has amended its authorization to accurately reflect the location of the transmitter. If Anderson fails to comply with this directive, we may begin forfeiture proceedings against Anderson for failing to comply with a Commission order. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Anderson Desk Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. IT IS FURTHER ORDERED that Anderson Desk Company SHALL FILE, within ten (10) days of the release of this Notice, a report with the District Director, San Diego Office,
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- we conclude that More Enterprises willfully and repeatedly violated Section 301 of the Act. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, More Enterprises Communications Network, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- review, we conclude that Uniradio willfully and repeatedly violated Section 301 of the Act. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Uniradio Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- Petition for Reconsideration and it is dismissed as untimely. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 405(a) of the Act and Section 1.106(f) of the Rules, the Petition for Reconsideration filed by Paladen Communications, Inc., a/k/a CB Shop, IS DISMISSED as untimely. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Paladen Communications, Inc., a/k/a CB Shop, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.815(b) and 2.815(c) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- review, we conclude that Krieger willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $4,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Norman Krieger, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- review, we conclude that Lamkin willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $4,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Lamkin Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- reduction for inability to pay does not provide adequate financial documentation. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.106(j) of the Rules, the Petition for Reconsideration filed by Gibson Tech Ed, Inc. d/b/a/ Hobbytron.com, IS DENIED. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Gibson Tech Ed, Inc., d/b/a Hobbytron.com, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $14,000 for willful and repeated violation of Section 302(b) of the Act and Section 2.803(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- willfully and repeatedly violated Sections 1.903(a) and 90.425(a) of the Rules. We find no basis for cancellation of the forfeiture, but do find that reduction of the forfeiture amount from $5,000 to $4,000 based on Brasfield & Gorrie's history of compliance is appropriate. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Brasfield & Gorrie, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for violation of Sections 1.903(a) and 90.425(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- 1.106 of the Rules, that the Petition for Extension of Time to file an Application for Review and the Petition for Acceptance of Petition for Reconsideration, filed by Lotus Communications Corporation, ARE DENIED, and the Petition for Reconsideration filed by Lotus Communications Corporation IS DISMISSED. 12. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's Rules, Lotus Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violating Section 303(q) of the Act, and Sections 17.21(a), 17.47, 17.48 and 17.49 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- Gilmore contacted the Division's staff stating that Gilmore had paid the forfeiture. Counsel submitted a copy of a $4,000 check sent to the Commission date-stamped June 23, 2006. The payment included the NAL/Acct. No. and FRN No. referenced above. We conclude that Gilmore has presented valid proof of payment of the forfeiture. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311 and 1.113 of the Rules, the Forfeiture Order issued to Gilmore Broadcasting Corporation on August 21, 2006 IS RESCINDED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail return receipt requested to counsel for Gilmore Broadcasting Corporation, Martha E. Heller, Esq., Wiley Rein & Fielding LLP, 1776 K
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- of the Rules, and willfully violated Section 73.3526(a) of the Rules. We find no basis for cancellation of the proposed forfeiture but do find that reduction of the forfeiture amount from $21,000 to $16,800 based on 127, Inc.'s history of compliance is appropriate. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, 127, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $16,800 for willful and repeated violation of Sections 73.1125(a) and 73.1745 of the Rules and willful violation of Section 73.3526(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- warranted in this regard. , ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, Jason Konarz's petition for reconsideration of the October 8, 2004 Forfeiture Order IS hereby DENIED. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jason Konarz IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful and repeated violation of Sections 11.35(a), 73.1745(a), and 73.3526(c) of the Rules. For collection, the Commission will file a proof of claim at the appropriate time in Jason Konarz's bankruptcy action. IT IS FURTHER ORDERED
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- ordered the assets of Pacnet be turned over to Kremen. Despite repeated contacts by the San Diego Office, neither Pacnet, nor Kremen, has filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Pacnet Incorporated, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act by operating a microwave radio station without authorization. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- ordered the assets of Pacnet be turned over to Kremen. Despite repeated contacts by the San Diego Office, neither Pacnet, nor Kremen, has filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Pacnet Incorporated, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act by operating a microwave radio station without authorization. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation or reduction of the $8,000 forfeiture proposed for this violation. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, West Coast Broadcasting IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully and repeatedly violating Section 73.1350(a) of the Rules and willfully violating Section 73.1560(b) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- and in conjunction with the Forfeiture Policy Statement. We find no basis for cancellation of the forfeiture, but do find that reduction of the forfeiture amount from $11,000 to $8,800 based on Hacienda's history of compliance is appropriate. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Hacienda San Eladio, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,800 for violation of Sections 73.1350(a) and 73.3526 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- Clegg repeatedly violated Section 302(b) of the Act, and Section 2.803(a)(2) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $7,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Clegg Industries, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for repeatedly violating Section 302(b) of the Act, and Section 2.803(a)(2) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- Rules, by failing to ensure the operational readiness of the EAS equipment at KBSZ(AM). Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $8,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Richard A. & Joann R. Peterson ARE LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for repeatedly violating Section 11.35 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- and the factors listed above, we find that reduction of the proposed forfeiture is warranted, given Craig's demonstrated inability to pay. Accordingly, the forfeiture amount is reduced from ten thousand dollars ($10,000) to five hundred dollars ($500). IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Joni K. Craig IS LIABLE FOR A MONETARY FORFEITURE in the amount of $500 for willfully and repeatedly violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation or reduction of the $25,000 forfeiture proposed for this violation. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Loves Travel Stops and Country Stores, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 302(b) of the Act and 2.803(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
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- of our review, we conclude that Renda willfully and repeatedly violated Section 17.4(a) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $3,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Renda Broadcasting Corporation of Nevada IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the
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- conclude that Moises Cabrera and Juan Cabrera willfully and repeatedly violated Section 301 of the Act. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $10,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, that Moises Cabrera and Juan Cabrera are JOINTLY LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days
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- taken to come into compliance with the Rules is expected, and does not nullify or mitigate any prior forfeitures or violations. In light of Trap Rock's history of compliance, however, we reduce the forfeiture amount from $10,000 to $8,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Trap Rock Industries, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 17.50 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release
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- of our review, we conclude that WSMN willfully and repeatedly violated Section 73.49 of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $7,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, WSMN Broadcasting, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 73.49 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of
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- Commission's New York Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Deroux. Deroux has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,Shawn Deroux IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the forfeiture
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- have examined TC's response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that no reduction of the proposed $10,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Tidewater Communications LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 17.51(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- more consistent with Commission precedent. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act and Section 1.106 of the Rules, Mr. Saunders' petition for reconsideration is GRANTED TO THE EXTENT DISCUSSED ABOVE and DENIED IN ALL OTHER RESPECTS. 13. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Mr. Saunders IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for willful violation of Section 17.51 of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Fox possess the basic qualifications, including character qualifications, to remain a Commission licensee. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation into the matters described herein is terminated. IT IS FURTHER ORDERED that copies of this order shall be sent by regular first class mail and certified mail - return receipt requested to Molly Pauker, Vice President Corporate and Legal
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- forfeiture is warranted. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 405 of the Act and Section 1.106 of the Rules, the October 29, 2004 Petition for Reconsideration filed by Cumulus Licensing Corporation of the Enforcement Bureau's December 28, 2004 Forfeiture Order IS DENIED. IT IS ALSO ORDERED THAT, pursuant to Section 503(b)(2)(D) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Cumulus Licensing Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 17.50 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- forfeiture. We note, however, that C5 Communications voluntarily disclosed this violation. Accordingly, a reasonable reduction in the proposed forfeiture is appropriate here. 24 Under these circumstances, we believe that forfeiture in the amount of $17,500 is warranted. IV. ORDERING CLAUSES 8. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's Rules, C5 Communications, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $17,500 for willfully violating Section 1.17 of the Commission's rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within 30 days of the release date of this Notice of Apparent
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- determined that 1 Home Lending Corporation d.b.a. Capital Line Financial, LLC is apparently liable for a forfeiture in the amount of $18,000. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80 of the Commission's rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that 1 Home Lending Corporation d.b.a. Capital Line Financial, LLC is hereby NOTIFIED of an APPARENT LIABILITY FOR FORFEITURE in the amount of $18,000 for willful or repeated violations of section 227(b)(1)(B) of the Act, 47 U.S.C. § 227(b)(1)(B), section 64.1200(a)(2) of the Commission's rules, 47 C.F.R. § 64.1200(a)(2),
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- incorporated by reference. 3. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We find that the public interest would be served by adopting the Consent Decree and terminating the above-captioned investigation. 4. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Act, 47 U.S.C. § 154(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree is ADOPTED. 5. it is furthered ordered that the above-captioned proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris A. Monteith Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Long Distance Consolidated Billing Co. Verification of Orders for Telecommunications Service ) )
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- factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Mr. Gentile willfully violated Section 301 of the Act. We find no basis for cancellation or reduction of the $10,000 forfeiture proposed for this violation. Ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Louis Gentile IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Act. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Acct.
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- is attached hereto and incorporated herein by reference. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the above-captioned investigation concerning Broadband. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's Rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation into the matters described herein IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION George R. Dillon Assistant Chief, Enforcement Bureau CONSENT DECREE 1. The Enforcement Bureau of the Federal Communications Commission and New Jersey Broadband, LP, together with New Jersey Broadband, LLC, which
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- that Alltel has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Alltel apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Alltel IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's Rules, within
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- deter it and other licensees from similar misconduct. Although the nature of E-DA-HOE's apparent violations might justify a higher proposed forfeiture, however, we decline to do so in light of the licensee's overall history of compliance with FCC rules. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's Rules, E-DA-HOE, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for willfully violating Section 73.1201 of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within 30 days of the release date of this Notice of Apparent Liability for
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- that AT&T has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find AT&T apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, AT&T IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's Rules, within
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- set forth in Paragraph 7 above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that cancellation of the forfeiture is not warranted but that the forfeiture amount should be reduced from $14,000 to $11,200. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Vitec Group Communications, Ltd.., IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand two hundred dollars ($11,200) for willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. Payment of the forfeiture must be made by check or similar instrument, payable to the order of
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- that A Radio willfully violated Sections 73.49 and 73.3526 of the Rules and willfully and repeatedly violated Section 73.1350(a) of the Rules. We find no basis for cancellation or reduction of the $15,000 forfeiture proposed for these violations. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, A Radio Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $15,000 for violation of Sections 73.49, 73.1350(a) and 73.3526 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- affirmed. Accordingly, IT IS ORDERED that, pursuant to the authority contained in Section 1.108 of the Commission's rules, 47 C.F.R. § 1.108, we hereby reconsider and amend, on our own motion, the October 13, 2006, Forfeiture Order, as explained herein. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's Rules, Shawn Deroux IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully and repeatedly violating Sections 301 and 303(n) of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order.
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- of the Rules. On July 17, 2006, the Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $25,000 to AboCom. AboCom has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, AboCom Systems, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- (``San Juan Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Colon. Mr. Colon has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Carlos M. Colon IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- (``Kansas City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Guzman. Mr. Guzman has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Raul Guzman Reyes IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- Section 733527 of the Rules. CSN, however, is incorrect that it was not required to maintain any issues/programs lists in its public file. Accordingly, we admonish CSN for failing to maintain and make available a complete public inspection file. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, the forfeiture in the amount of four thousand dollars ($4,000) for violation of Section 73.3527 of the Rules proposed in the October 4, 2006 Notice of Apparent Liability issued to CSN International IS CANCELED. IT IS FURTHER ORDERED that CSN International IS ADMONISHED for failure to make available a complete public inspection file
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- that a reduction in the total forfeiture amount is appropriate. Applying the factors set forth in Section 1.80 and Section 503(b)(2)(D) of the Act to the instant case, we conclude that Spectracom is apparently liable for a $12,000 forfeiture. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's Rules, Spectracom, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $12,000 for willfully violating Section 1.948 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within 30 days of the release date of this Notice of Apparent Liability for Forfeiture,
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- is warranted because Twin Cities made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action, and because Twin Cities has a history of compliance with the Commission's rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Twin Cities IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of six thousand, six hundred dollars ($6,600) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within
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- need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 224, sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Stipulation IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary H. McEnery Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. § 224. See also 47 C.F.R. §§ 1.1401-1.1418. Formal Complaint, File No. EB-06-MD-006
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- material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Diebel or R&M possess the basic qualifications, including character qualifications, to remain a Commission licensee. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation into the matters described herein is terminated. IT IS FURTHER ORDERED that copies of this order shall be sent by regular first class mail and certified mail - return receipt requested to Scott Cinnamon, Esq., counsel for Diebel and
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- downward adjustment of the proposed aggregate forfeiture from $6,500 to $5,200 is warranted because Hare Planting made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Hare Planting IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,
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- of non-compliance or material new evidence relating to this matter, we conclude that there are no substantial or material questions of fact as to whether Newcomm possesses the basic qualifications to be or remain a Commission licensee. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that, as conditioned in the Consent Decree and above, the referenced investigation IS TERMINATED. IT IS FURTHER ORDERED that, consistent with whatever authorization by the bankruptcy court may be necessary or appropriate, NewComm shall pay (or cause to be paid) the outstanding balance of
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- Scientific CRM possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS TERMINATED. IT IS FURTHER ORDERED that Boston Scientific CRM shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at (202)
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- Matter of DAVID EDWARD COX Amateur Radio Operator and Licensee of Amateur Radio Station W5OER ) ) ) ) ) ) EB Docket No. 05-232 File No. EB-04-IH-0384 ORDER OF REVOCATION Adopted: December 4, 2006 Released: December 4, 2006 By the Chief, Enforcement Bureau: introduction By this Order of Revocation, pursuant to authority delegated to the Enforcement Bureau under Section 0.111(a)(16) of the Commission's rules, we revoke the above-captioned amateur license held by David Edward Cox. We conclude, based on the evidence of his conviction for felony burglary and firearms-related offenses, that Mr. Cox lacks the basic requisite character qualifications to be and remain a Commission licensee. background On September 29, 2005, the Commission, by the Chief, Enforcement Bureau, designated this
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111, 0.311, and 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.720-1.736, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Western Payphone Systems Formal Complaint for Payphone Compensation, File No. EB-06-MD-009 (filed Sept. 21, 2006) (``Complaint''). Motion to Dismiss, File
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- Bureau (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Venters. Mr. Venters has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Adam Troy Venters IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- Enforcement Bureau (``New Orleans Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $13,000 to Patrick. Patrick has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jamie Patrick Broadcasting, Ltd. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $13,000 for violation of Sections 17.4(a), 17.50, and 17.51 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- by offering for sale non-certified Citizens Band (``CB'') transceivers and external radio frequency (``RF'') power amplifiers. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $21,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Wesley Noe, d.b.a. GI Joe's Radio Electronics and GI Joe's CB Radio, IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for willful and repeated violation of Section 302(b) of the Act and Sections 2.803(a)(1), 2.815(b), and 2.815(c) of the Rules. Payment of the forfeiture shall be made in
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- we conclude that Parks willfully and repeatedly violated Sections 17.4(a), 73.3526(e)(4), and 73.3526(e)(12) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $5,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Gerald Parks IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for willful and repeated violated of Section 73.1745(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this
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- Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, Tidewater Communications LLC's petition for reconsideration of the October 20, 2006 Forfeiture Order IS hereby GRANTED IN PART AND DENIED IN PART. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Tidewater Communications LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 17.51(a) of the Rules. Payment of the $8,000 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- of the Act and Sections 2.803(a)(1) of the Rules by offering for sale non-certified CB transceivers. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $7,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Gambler's CB & Ham Radio Sales & Service IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80
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- Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Conrad. Despite repeated contacts by the San Diego Office, Conrad has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Alan M. Conrad, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- the Act, and Sections 17.23, 17.47, 17.48, 17.49, and 17.57 of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $13,000 forfeiture is warranted. IV. ORDERING CLAUSES 24. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Communications Relay Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $13,000 for willfully and repeatedly violating Section 303(q) of the Act Sections 17.23, 17.47, 17.48, 17.49, and 17.57 of the Rules. 25. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- of the proposed forfeiture is warranted, given the circumstances surrounding ESP's unauthorized operation and its compliance record with the Commission's Rules. Accordingly, the forfeiture amount is reduced from ten thousand dollars ($10,000) to six thousand dollars ($6,000). IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, ESP Leasing Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,000 for willfully and repeatedly violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- NAL/Acct. No. 200432340004 (Enf. Bur., Columbia Office, released March 4, 2004; upheld by Community Broadcasting, supra (reduced for other reasons). See Capstar, supra; Capstar TX Limited Partnership c/o/ Doran Bunkin, Esq., 18 FCC Rcd 20199 (2003) ($4,000 forfeiture assessed because station's public inspection file lacked an adequate issues/programs list). 47 U.S.C. § 405. 47 C.F.R. § 1.106. 47 C.F.R. §§ 0.111, 0.311, and 1.80(f)(4). 47 U.S.C. § 504(a). See 47 C.F.R. § 1.1914. (...continued from previous page) (continued....) Federal Communications Commission DA 06-323 Federal Communications Commission DA 06-323 @ū˙ 0 3 5 hũ hũ hX hŦ hũ hũ gdN hũ h5g h5g h5g h5g h5g gdN F Ŧ @ `` E -F W (R)l X Ķ
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.1401-1.1418, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Joint Motion to Dismiss with Prejudice, File No. EB-05-MD-008 (filed Dec. 21, 2005) (``Motion''). Complaint, File No. EB-05-MD-008 (filed May 23, 2005)
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.1401-1.1418, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Joint Motion to Dismiss with Prejudice, File No. EB-04-MD-009 (filed Dec. 21, 2005) (``Motion''). Complaint, File No. EB-04-MD-009 (filed June 29, 2004)
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NBC possess the basic qualifications, including character qualifications, to remain a Commission licensee. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation into the matters described herein is terminated. IT IS FURTHER ORDERED that copies of this order shall be sent by regular first class mail and certified mail - return receipt requested, to F. William LeBeau, Assistant Secretary and Regulatory
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.1401-1.1418, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Joint Motion to Dismiss with Prejudice, File No. EB-04-MD-004 (filed Dec. 21, 2005) (``Motion''). Complaint, File No. EB-04-MD-004 (filed Mar. 4, 2004)
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- Boston Field Office (``Boston Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Marius. Marius has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jean Harold Marius IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If
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- for Forfeiture (``NAL'') in the amount of $10,000 to Pacific Spanish. Despite repeated contacts by the San Diego Office, Pacific Spanish has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Pacific Spanish Network, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly operating a microwave radio station in Chula Vista, California, without a license, in violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in
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- Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to ICB. Despite repeated contacts by the San Diego Office, ICB has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, International Customs Brokers, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly operating station WNTT908, in San Diego, California, on an unauthorized channel, in violation of Section 1.903(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section
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- of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary McEnery Deputy Chief Market Disputes Resolution Division Enforcement Bureau . . Motion to Dismiss, File No. EB-05-MD-018 (filed Dec. 14, 2005). Federal Communications Commission DA 06-47 Federal Communications Commission
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- these counts. United States v. Premio, Inc., Criminal Docket No. 3:06-CR-06-0086 MMC, Plea Agreement (N.D.Cal. filed Feb. 22, 2006) (``Premio Plea Agreement''). The Order accepting this plea agreement was signed by the Court on February 22, 2006 and entered on February 23, 2006, and the Plea Agreement was entered on February 24, 2006. 47 C.F.R. § 54.521; 47 C.F.R. § 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. § 54.521). 47 C.F.R. § 54.521(a)(4). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-9227, ļļ 67-74 (2003) (``Second Report and Order''). Second Report and Order, 18 FCC
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- its level of participation, as appropriate. Pursuant to section 1.47(c) of the Commission's rules, the Bureau shall be served with documents in the same manner as other parties. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and sections 0.111, 0.311, 1.1411, and 1.1415 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.1411, and 1.1415, that the above-captioned complaint proceeding IS DESIGNATED FOR A HEARING before an ALJ, at a time and place to be specified in a subsequent Order, upon the issues specified in paragraph 18 of this Order; IT IS ORDERED, pursuant to section 224 of
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- its level of participation, as appropriate. Pursuant to section 1.47(c) of the Commission's rules, the Bureau shall be served with documents in the same manner as other parties. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and sections 0.111, 0.311, 1.1411, and 1.1415 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.1411, and 1.1415, that the above-captioned complaint proceeding IS DESIGNATED FOR A HEARING before an ALJ, at a time and place to be specified in a subsequent Order, upon the issues specified in paragraph 18 of this Order; IT IS ORDERED, pursuant to section 224 of
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- Enforcement Division, issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Shenzhen Ruidian Communication. Shenzhen Ruidian Communication has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Shenzhen Ruidian Communication Co. Ltd. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly failing to respond to a directive of the Enforcement Bureau to provide certain information and documents. Payment of the forfeiture shall be made in the manner provided for in Section 1.80
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- that state commissions have concurrent jurisdiction over the issues in dispute in this proceeding, and our order of dismissal should not be construed as agreeing or disagreeing with Momentum's assertion. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Act, 47 U.S.C. §§ 151, 154(i), 154(j), 208 and 271, and the authority delegated in sections 0.111, 0.311, and 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.720-1.736, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Motion to Withdraw, File No. EB-05-MD-029 (filed Mar. 2, 2006) (``Motion''). Formal Complaint, File No. EB-05-MD-029 (filed Nov. 21, 2005) (``Complaint''). 47
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- conclude that Jose A. Mollinedo willfully and repeated violated Section 301 of the Act. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jose A. Mollinedo IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- the public interest by promoting the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Act, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and the authority delegated in sections 0.111, 0.311, and 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.720-1.736, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Act, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and the authority delegated in sections 0.111, 0.311, and 1.720-1.736 of
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- of Section 227 of the Act and the Commission's related rules and orders as set forth in the NAL. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Section 1.80 of the Commission's rules, 47 C.F.R. § 1.80, and authority delegated by Sections 0.111 and 0.311 of the Rules, 47 C.F.R. §§ 0.111, 0.311, that Elf Painting and Wallpapering SHALL FORFEIT to the United States government the sum of $22,500 for willfully and repeatedly violating the Commission's rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's rules within 30 days of the release
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- note that OleumTech made a good faith effort to bring the transmitter into compliance with the Rules by submitting its device for certification testing prior to receiving the Spectrum Enforcement Division's LOI. Accordingly, we reduce the proposed forfeiture amount from $7,000 to $5,600. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, OleumTech Corporation, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand six hundred dollars ($5,600) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days
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- transmitters. On September 1, 2005, the Enforcement Bureau, Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $14,000 to Gibson. Gibson has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Gibson Tech Ed, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary H. McEnery Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 1 Formal Complaint, File No. EB-05-MD-022 (filed Aug. 22, 2005) (``Complaint''). 47 U.S.C. § 208.
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- mere mention of a website. Baxter violated Section 97.113(a)(3) of the Rules because he has a direct pecuniary interest in the products offered for sale on the website about which he provided information on his amateur radio station. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)4) of the Rules, Glenn A. Baxter IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for willfully and repeatedly failing to furnish information requested by the Bureau, willful and repeated violation of Sections 97.101(d)and 97.113(a)(3) of the Rules, and willful violation of Sections 97.105(a) and 97.113(b) of the Rules. IT IS FURTHER
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- that Alpine Broadcasting Limited Partnership willfully and repeated violated Section 73.1125 of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $7,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Alpine Broadcasting Limited Partnership IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 73.1125(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary H. McEnery Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 1 Formal Complaint, File No. EB-05-MD-020 (filed Aug. 22, 2005) (``Complaint''). 47 U.S.C. § 208.
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- need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary H. McEnery Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 1 Formal Complaint, File No. EB-05-MD-021 (filed Aug. 22, 2005) (``Complaint''). 47 U.S.C. § 208.
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- need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary H. McEnery Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 1 Formal Complaint, File No. EB-05-MD-024 (filed Aug. 22, 2005) (``Complaint''). 47 U.S.C. § 208.
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- need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary H. McEnery Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 1 Formal Complaint, File No. EB-05-MD-023 (filed Aug. 22, 2005) (``Complaint''). 47 U.S.C. § 208.
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- need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary H. McEnery Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 1 Formal Complaint, File No. EB-05-MD-025 (filed Sept. 2, 2005) (``Complaint''). 47 U.S.C. § 208.
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111, 0.311, and 1.716-1.718 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.716-1.718, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Formal Complaint, File No. EB-03-MD-018 (filed Oct. 10, 2003) (``Complaint''). The Complaint named seven defendants, and the file number originally
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- and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 201(b), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 201(b), 208, and 276, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary H. McEnery Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. § 208. Formal Complaint, File No. EB-05-MD-019 (filed Aug. 29, 2005) (``Complaint''). 47
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- and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 201(b), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 201(b), 208, and 276, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary H. McEnery Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. § 208. Formal Complaint, File No. EB-05-MD-028 (filed Sept. 29, 2005) (``Complaint''). 47
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- pay a forfeiture, we note that NWN did not submit any supporting financial documentation (i.e., federal tax returns, financial statements, or other reliable, objective information reflecting financial status). Accordingly, we have no basis by which to evaluate NWN's inability to pay claim. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, NWN IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for its apparent willful and repeated violations of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty
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- factors set forth in Paragraph 7, above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that cancellation of the forfeiture is not warranted but the forfeiture amount should be reduced from $22,000 to $17,600. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Hawking Technologies, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of seventeen thousand six hundred dollars ($17,600.00) for willful and repeated violation of Section 302(b) of the Act and Sections 2.803(a) and 15.204(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- forfeiture of $4,000 in this instance. Although Clear Channel apparently violated our rules, it took reasonably prompt remedial action prior to learning of our investigation. As such, the base forfeiture amount for this apparent misconduct is most appropriate. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, and 1.80 of the Commission's rules, Clear Channel Broadcasting Licenses, Inc., licensee of Station WAWS(TV), Jacksonville, Florida, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,000 for apparently willfully violating section 73.1216 of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the rules, within thirty (30) calendar days of
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- determined that Cbeyond has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Cbeyond apparently liable for $100,000. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Cbeyond IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating section 64.2009 of the Commission's rules and the CPNI Order, by failing to prepare and make available upon request a certificate that complies with 64.2009(e). IT IS FURTHER ORDERED THAT, pursuant to section
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- Buffalo Field Office (``Buffalo Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Corry. Corry has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Corry Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating 47 C.F.R. § 11.35(a). Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the
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- have examined GB Enterprises' response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. We find no basis for cancellation or reduction of the $10,500 forfeiture proposed for these violations. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, GB Enterprises Communications Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,500 for violation of Sections 73.49 and 73.3526 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- in this letter to ``your conviction'' refers to NextiraOne's April 20, 2006 guilty plea and conviction of this count. United States v. NextiraOne, LLC, Criminal Docket No. 4:06-cr-40041-LLP, Plea Agreement (D.S.D. April 20, 2006) (``NextiraOne Plea Agreement'' or ``Plea Agreement''). Sentence was imposed on April 20, 2006 and entered on April 21, 2006. 47 C.F.R. § 54.521; 47 C.F.R. § 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. § 54.521). See NextiraOne, LLC Petition for Waiver of Section 54.521 of the Commission's Rules, Petition for Waiver (filed April 14, 2006) (``Waiver Petition''). See generally, Waiver Petition; Letter from Scott Hammond, Assistant Attorney General, Antitrust Division, Department of Justice, to Marlene
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- Station WLZX(FM), Northampton, Massachusetts ) ) ) ) ) ) ) File No. EB-01-IH-0230 NAL/Acct. No. 20043208000014 Facility ID No. 46963 FRN No. 0002749406 ORDER Adopted: May 2, 2006 Released: May 2, 2006 By the Chief, Enforcement Bureau: In this Order, we cancel the Forfeiture Order issued in the above-captioned proceeding to Station WLZX(FM), Northampton, Massachusetts. Accordingly, pursuant to sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, the Forfeiture Order IS HEREBY CANCELED. IT IS FURTHER ORDERED THAT a copy of this Order shall be sent by certified mail, return receipt requested, to Lawrence D. Goldberg, Vice President, Saga Communications of New England, Inc., 15 Hampton Avenue, Northampton, Massachusetts 01060; and Saga's counsel, Gary S. Smithwick,
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- from $6,500 to $4,000 is warranted because Criswell made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action and because of Criswell's history of overall compliance. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Criswell IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand ($4,000) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of
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- March 17, 2006, the Spectrum Enforcement Division of the Enforcement Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $5,600 to OleumTech. OleumTech has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, OleumTech Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand six hundred dollars ($5,600) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- prior offenses, ability to pay, and such other matters as justice may require.'' Having considered the record in this case and the statutory factors, we find that the Licensee is apparently liable for a forfeiture in the amount of $4,000. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, that RCK 1 GROUP, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,000 for violating Section 73.1206 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules that within thirty (30) days of the release date of this Notice,
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- ensure that its personnel understand and comply with the requirements of Section 76.1700, and we caution Time Warner that we will not hesitate to subject it to sanctions commensurate with further violations of the cable public file rule. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's rules, that Time Warner Cable is hereby ADMONISHED for its failures to timely make available for inspection its public inspection files on September 13 and 16, 2005, in violation of Section 76.1700 of the Commission's rules. 11. IT IS FURTHER ORDERED that the complaint filed by James Shelton IS GRANTED to the extent indicated herein
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- supported by our precedent. To the extent Gaston College wishes to provide evidence of its history of compliance with FCC rules, or its inability to pay the proposed forfeiture, it may do so in its response to this Order. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's Rules, Gaston College is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000 for willfully violating Section 73.3527 of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within 30 days of the release date of this Notice of Apparent Liability for
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- to character, to hold or obtain any Commission license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the complaint received by, or in the possession of, the Bureau on or around December 22, 2005, alleging violations of the cable public file rule by Bresnan, IS DISMISSED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED
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- amount of $7,000 for the marketing of unauthorized equipment. In this case, we note that The Antique Radio Collector marketed one model of an unauthorized intentional radiator. Accordingly, we find that The Antique Radio Collector is apparently liable for a $7,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Richard Mann d/b/a The Antique Radio Collector IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
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- a downward adjustment of the proposed aggregate forfeiture from $6,500 to $5,200 is warranted because Imperial made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Imperial IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within
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- the Enforcement Bureau (``Norfolk Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $7,000 to TPN. TPN has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, The Paradise Network of North Carolina, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for violation of Sections 17.57 and 73.1745(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- Enforcement Bureau (``New Orleans Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Ace. Ace has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ace Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release of this Order. If the
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- documents provided by KM TV. While we cancel the proposed forfeiture, we admonish KM TV for its willful and repeated violation of the public inspection file rule as set forth in Section 73.3526 of the Commission's Rules. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, that the proposed forfeiture in the amount of ten thousand dollars ($10,000) issued to KM Television of Flagstaff, L.L.C, licensee of KCFG(TV), Flagstaff, Arizona, in the March 20, 2006 Notice of Apparent Liability for willful and repeated violations of Sections 73.3526 of the Rules IS CANCELLED. IT IS FURTHER ORDERED that KM Television
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- based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that neither reduction nor cancellation of the proposed $14,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Charles E. Vance, III d/b/a CB Candy Electronics IS LIABLE FOR A MONETARY FORFEITURE in the amount of $14,000 for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803(a)(1) and 2.815(c) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Community willfully and repeatedly violated Sections 73.1350(a) and 73.3526 of the Rules and that no reduction of the proposed $11,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Community Broadcast Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $11,000 for violation of Sections 73.1350(a) and 73.3526 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Amp'd Mobile, Inc. apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Amp'd Mobile, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
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- that KLM has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find KLM apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, KLM IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within
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- Cellular has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Easterbrooke Cellular apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Easterbrooke Cellular Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
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- that Key has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Key apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Key Communications, LLC d/b/a West Virginia Wireless IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section
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- that HBC has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find HBC apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Hiawatha Broadband Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the
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- that CTC has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find CTC apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, CTC Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
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- apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Shoreham Telephone Company, Inc. apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Shoreham Telephone Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the
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- that PriorityOne has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find PriorityOne apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, PriorityOne IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within
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- has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain an adequate compliance statement in accordance with the rule. We find Oneida apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Oneida County Rural Telephone Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of
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- Wireless has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Keystone Wireless apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Keystone Wireless IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules,
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- provide the information and documents the Bureau directed it to provide. Accordingly, a proposed forfeiture is warranted against 1st United Tel-Com, Inc. for its apparent willful or repeated violations of our directive. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, 1st UNITED TEL-COM, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond fully to the Bureau's Letter of Inquiry. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release date of this
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- failing to provide the information and documents the Bureau directed it to provide. Accordingly, a proposed forfeiture is warranted against Burke's Garden for its apparent willful or repeated violations of our directive. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, BURKE'S GARDEN TELEPHONE COMPANY, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond fully to the Bureau's Letter of Inquiry. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release date of
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- and documents the Bureau directed it to provide. Accordingly, a proposed forfeiture is warranted against Connect Paging, Inc. d/b/a Get A Phone for its apparent willful or repeated violations of our directive. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, CONNECT PAGING, INC. D/B/A GET A PHONE IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond fully to the Bureau's Letter of Inquiry. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release
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- to provide the information and documents the Bureau directed it to provide. Accordingly, a proposed forfeiture is warranted against Habla Communicaciones, Inc. for its apparent willful or repeated violations of our directive. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, HABLA COMMUNICACIONES, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond fully to the Bureau's Letter of Inquiry. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE
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- and documents the Bureau directed it to provide. Accordingly, a proposed forfeiture is warranted against Manning Municipal Communications and Television System Utilities for its apparent willful or repeated violations of our directive. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, MANNING MUNICIPAL COMMUNICATIONS AND TELEVISION SYSTEM UTILITIES IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond fully to the Bureau's Letter of Inquiry. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release
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- failing to provide the information and documents the Bureau directed it to provide. Accordingly, a proposed forfeiture is warranted against PhoneCo LP for its apparent willful or repeated violations of our directive. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, PHONECO, LP IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond fully to the Bureau's Letter of Inquiry. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF
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- 2006 - approximately six months - to notify Commission staff and seek authority to operate the station. Under the circumstances, and consistent with precedent, we find that no reduction of the proposed forfeiture for voluntary disclosure or good faith efforts to comply is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Mitchell Electric IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred dollars ($7,500) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,
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- of our review, we conclude that Macerich willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $3,200 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Macerich - Santa Monica Place IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for willfully and repeatedly violating Section 1.903(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- find, however, that a downward adjustment of the proposed forfeiture from $13,000 to $10,400 is warranted because DirecTV made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, DirecTV IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of ten thousand, four hundred dollars ($10,400) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty
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- result of our review, we conclude that Lam repeatedly violated Section 87.193 of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the $2,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Grant Lam IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for repeatedly violating Section 87.193 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not
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- NAL on June 30, 2006 (``Response''). Based on our review of Amaturo's Response and the record, we find that Amaturo did not willfully and repeatedly violate Section 73.1125(a) of the Rules. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, that the proposed forfeiture in the amount of seven thousand dollars ($7,000) issued to Amaturo Group of L.A., Ltd., in the May 31, 2006, Notice of Apparent Liability for willful and repeated violations of Section 73.1125(a) of the Rules IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be
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- those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the Enforcement Bureau's investigation. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS TERMINATED. IT IS FURTHER ORDERED that T-Mobile USA, Inc. will make a voluntary contribution to the United States Treasury in the amount of seventy-five thousand dollars ($75,000) within 30 calendar days after the Effective Date of
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- rule violation. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $6,400 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Una Vez Mas Las Vegas License, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,400 for willfully and repeatedly violating Section 73.3526 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that neither reduction nor cancellation of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Entravision Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for repeatedly violating Section 303(q) of the Act and Section 17.23 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- Bureau (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Charles. Mr. Charles has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Junior Lahens Charles IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Parker willfully and repeatedly violated Section 301 of the Act and that no reduction of the proposed $10,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Parker Construction, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- a downward adjustment of the proposed aggregate forfeiture from $10,500 to $9,200 is warranted because GGP made voluntary disclosures to Commission staff concerning its late-filed license renewal and unauthorized operation and undertook corrective actions prior to any Commission inquiry or initiation of enforcement action. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, General Growth Properties IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $9,200 for willful and repeated violation of Section 301 of the Act and Sections 1.903 and 1.949(a) of the Rules and for willful and repeated failure to respond to a Bureau order. IT IS FURTHER ORDERED that, pursuant
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- implement wireless-to-wireless porting filed by GTE Pacifica, Inc., on June 30, 2006, Choice Phone, LLC on June 30, 2006, and Guam Wireless Telephone Co., LLC on June 28, 2006 are DENIED as described herein. IT IS FURTHER ORDERED that, pursuant to sections 4(i) and 5(c) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 155(c), and section 0.111 of the Commission's rules, 47 C.F.R. § 0.111, GTE's apparent violation of the Commission's rules shall be submitted to the Enforcement Bureau for further action consistent with this Order. This action is taken under delegated authority pursuant to sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. §§ 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Jeffrey S. Steinberg Deputy Chief, Spectrum
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- however, that a downward adjustment of the proposed forfeiture from $26,000 to $20,800 is warranted because CLP made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Cooperative Light & Power IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty thousand, eight hundred dollars ($20,800) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
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- a reduction of the forfeiture amount from $10,000 to $1,500 is appropriate. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act and Section 1.106 of the Rules, Mr. Spiry's petition for reconsideration IS GRANTED to the extent set forth above. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Mr. Spiry IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for willful and repeated violation of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- the Enforcement Bureau (``Dallas Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Unique. Unique has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Unique Broadcasting, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- (``San Juan Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to A Radio. A Radio has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, A Radio Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for violation of Section 73.3526 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- of the proposed aggregate forfeiture from $10,500 to $9,200 is warranted because RSDC made voluntary disclosures to Commission staff concerning its failure to file a timely license renewal application and undertook corrective actions prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, RSDC of Michigan, LLC IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $9,200 for willful and repeated violation of Section 301 of the Act and Sections 1.903 and 1.949(a) of the Rules and for willful and repeated failure to respond to a Bureau order. IT IS FURTHER ORDERED that,
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- that Mr. Abreu willfully and repeatedly violated Section 301 of the Act. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $500 is appropriate based on Mr. Abreu's demonstrated inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Oreste Abreu IS LIABLE FOR A MONETARY FORFEITURE in the amount of five hundred dollars ($500) for violation of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- to character, to hold or obtain any Commission license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the complaint received by, or in the possession of, the Bureau on or around May 30, 2006, alleging false certifications in VTG's applications for licenses to cover the construction permits for the above-captioned deleted low power television stations and violations of the Commission's
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- adjustment of the proposed forfeiture from $6,500 to $5,200 is warranted because JSMC made voluntary disclosures to Commission staff through its request for STA and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Jennie Stuart Medical Center IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of five thousand, two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
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- sole unpaid forfeiture penalty that was imposed during this period shortly after July 9, 2006. IV. Ordering clauses Accordingly, this report is issued pursuant to the Junk Fax Prevention Act of 2005, Pub. L. No. 109-21, 119 Stat. 359, and section 227 of the Communications Act of 1934, as amended, 47 U.S.C. § 227, and under authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311. IT IS ORDERED that the Secretary SHALL SEND copies of this report to the appropriate committees and subcommittees of the United States House of Representatives and the United States Senate. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Junk Fax Prevention Act of 2005, Pub. L. No. 109-21,
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- resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 5. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Motion is GRANTED, the Complaint is DISMISSED with prejudice, and this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division 47 U.S.C. § 208. AT&T Corp. v. BellSouth Telecommunications, Inc., Memorandum Opinion and Order, 19 FCC Rcd 23898 (2004). BellSouth Telecommunications, Inc.
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- Bureau (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Pierre-Francois. Mr. Pierre-Francois has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jean-Harry Pierre-Francois IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Wilson willfully and repeatedly violated Section 73.3526 of the Rules and that no reduction of the proposed $12,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Wilson Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Section 73.3526 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- examined Siga Broadcasting's response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that no reduction of the proposed $21,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Siga Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for violations of Sections 17.51(a), 73.49, and 73.1745(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- whether TNL possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS TERMINATED. IT IS FURTHER ORDERED that TNL shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at (202) 418-1995, or
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- alone is not sufficient to demonstrate an inability to pay. Hare Planting has provided no specific financial information or evidence of financial hardship and, therefore, we are unable to determine whether a reduction based on inability to pay is warranted in this instance. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Hare Planting, IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand two hundred dollars ($5,200) for violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- Commission's New York Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Rankine. Rankine has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Kacy Rankine IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the
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- Commission's New York Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Simpson. Simpson has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Elroy Simpson IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the
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- of our review, we conclude that HRN willfully and repeatedly violated Sections 73.1745(a) and 73.3526 of the Rules and that a reduction of the proposed forfeiture to $11,200 is warranted based on HRN's history of compliance with the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, HRN Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand two hundred dollars ($11,200) for violations of Sections 73.1745(a) and 73.3526 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- examined Mr. Roberts' response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that no reduction of the proposed $10,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Marcus A. Roberts IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- we conclude that Fed Ex willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $4,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Federal Express Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- repeatedly violated Section 73.49 of the Rules, based upon their inability to pay, we conclude that pursuant to Section 503(b) of the Act and the Forfeiture Policy Statement, reduction of the $7,000 forfeiture to $500 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Albino Ortega and Maria Juarez , ARE LIABLE FOR A MONETARY FORFEITURE in the amount of $500 for willfully and repeatedly violating Section 73.49 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.1401-1.1418, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Motion to Dismiss, File No. EB-06-MD-008 (filed Apr. 25, 2007) (``Motion''). Complaint, File No. EB-06-MD-008 (filed July 21, 2006) (``Complaint''). 47 U.S.C.
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- however, that a downward adjustment of the proposed aggregate forfeiture from $6,500 to $5,200 is warranted because Doss made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Doss IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand, two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within
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- that federal case law supports Network's request for a stay absent a pledge of security for the full judgment amount. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §1.720-1.736, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Network's Motion to Stay the Damages Order IS DENIED, and IT IS FURTHER ORDERED that Network's Motion for Leave to File a Reply IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau APCC Services, Inc. v. NetworkIP, LLC and Network Enhanced Services,
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- notify Commission staff and come into compliance with our rules after learning of the violation. Under the circumstances, and consistent with precedent, we find that no reduction of the proposed forfeiture for voluntary disclosure or good faith efforts to comply is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Kimberly Clark IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty
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- the Commission prior to its construction. The Commission has long held that a downward adjustment of an assessed forfeiture is not justified where violators claim their actions or omissions were due to inadvertent errors or unfamiliarity with the statutory or regulatory requirements. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Telcom Rentals, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willfully and repeatedly violating Section 17.4(a)(1) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this Notice of
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- York Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to New Relampago. New Relampago has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, New Relampago Car Service Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this
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- Commission's New York Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mobile. Mobile has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Mobile Car Service, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order.
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- violated Section 90.403(a)(2) of the Rules and that a forfeiture of four thousand dollars ($4,000) is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act and Section 1.106 of the Rules, the Petition for Reconsideration IS DENIED. 9. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Mr. Joslyn Gordon, as owner of Rescue Car Service, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willful and repeated violation of Section 90.403(a)(2) of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- repeatedly violated Section 11.35(a) of the Rules, based upon its inability to pay, we conclude that pursuant to Section 503(b) of the Act and the Forfeiture Policy Statement, reduction of the $8,000 forfeiture to $250 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Gla-Mar Broadcasting, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $250 for willfully and repeatedly violating Section 11.35(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- to $4,200. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $4,200 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Sandhill Media Group, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,200 for repeatedly violating Section 73.49 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- to $5,600. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $5,600 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, HTV/HTN/Hawaiian TV Network, Ltd., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,600 for willfully and repeatedly violating Section 73.1125(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- do find, however, that a downward adjustment of the proposed forfeiture from $6,500 to $5,200 is warranted because Sakaida made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations prior to any Commission inquiry or initiation of enforcement action. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Ted Sakaida & Sons Trucking IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand, two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80
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- range that has been found acceptable. Accordingly, we reject Playa del Sol's claim of inability to pay. III. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act and Section 1.106 of the Rules, Playa del Sol's petition for reconsideration IS DENIED. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Playa del Sol IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,000 for willfully and repeatedly violating Sections 11.25, 11.61, and 73.1125 of the Rules. 6. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- of Burke's Garden's Response and the record, we find that Burke's Garden did not willfully and repeatedly violate a Commission order by failing to respond to a directive of the Bureau. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of four thousand dollars ($4,000) issued to Burke's Garden Telephone Company, Inc., in the March 30, 2007, Notice of Apparent Liability for Forfeiture for willful and repeated violations of a Commission order IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall
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- have examined M.R.S.' response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that no reduction of the proposed $7,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, M.R.S. Ventures, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether BHP possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above captioned matter IS TERMINATED. IT IS FURTHER ORDERED that copies of this Order shall be sent by regular first class mail and certified mail - return receipt requested, to Broadcast House of the Pacific, at its address of record. FEDERAL COMMUNICATIONS
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- of the Rules. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that no reduction of the proposed forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Multicultural Radio Broadcasting, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for repeatedly violating Section 303(q) of the Act and Section 17.51 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- this argument. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $3,200 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Gold Coast Radio, LLC , IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for repeatedly violating Section 73.1560(b) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- factors listed above, we find that reduction of the proposed forfeiture is warranted, given Payne's demonstrated inability to pay. Accordingly, the forfeiture amount is reduced from ten thousand dollars ($10,000) to seven hundred and fifty dollars ($750). IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Donald J. Payne IS LIABLE FOR A MONETARY FORFEITURE in the amount of $750 for willfully and repeatedly violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources by the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.1401-1.1418, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Joint Motion For Dismissal With Prejudice, File No. EB-06-MD-001 (filed May 31, 2007) (``Motion''). Complaint, File No. EB-06-MD-001 (filed Jan. 6, 2006)
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- Bureau (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to L4 Media. L4 Media has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, L4 Media Group, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for violation of Section 11.35 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- Bureau (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $7,000 to Mr. Konarz. Mr. Konarz has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jason Konarz IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for violation of Section 73.49 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Simmons possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the Bureau's investigation in this proceeding IS TERMINATED. IT IS FURTHER ORDERED that Simmons-Austin, LS, LLC shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument, payable
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- by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by approving the Consent Decree and terminating the forfeiture proceeding. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the forfeiture proceeding against Carnival IS TERMINATED. IT IS FURTHER ORDERED that Carnival Cruise Lines Inc. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument, payable
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- to $3,200. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $3,200 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Rosario Del Talpa, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for willfully and repeatedly violating Section 73.1350(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- to $2,400. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $2,400 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, KITZ Radio, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,400 for willfully and repeatedly violating Section 73.3526 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- to $2,400. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $2,400 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, KITZ Radio, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,400 for willfully and repeatedly violating Section 73.3526 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- whether TSI possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS TERMINATED. IT IS FURTHER ORDERED that TSI shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at (202)
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- least one unsolicited advertisement to the consumer identified herein. We have further determined that Global QA Corp. is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Global QA Corp. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- consumers identified in the Appendix. We have further determined that Tri-State Printer & Copier Supply Co., Inc. is apparently liable for a forfeiture in the amount of $9,000. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Tri-State Printer & Copier Supply Co., Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000 (nine thousand dollars) for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47
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- your July 28, 2006 guilty plea and subsequent conviction of two counts of mail fraud. United States v. Scott A. Federowicz, Criminal Docket No. 3:06-CR-06-222 (RNC), Plea Agreement (D.Conn. filed and entered Jul. 28, 2006); United States v. Scott A. Federowicz, 3:06-CR-06-222 (RNC), Judgment (D.Conn. filed and entered May 9, 2007) (``Federowicz Judgment''). 47 C.F.R. § 54.521; 47 C.F.R. § 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. § 54.521). Second Report and Order, 18 FCC Rcd at 9225, ļ 66. The Commission's debarment rules define a ``person'' as ``[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however, organized.'' 47 C.F.R. § 54.521(a)(6). See
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- advertisement to the consumer identified in the Appendix. We have further determined that New England Industrial Roofing is apparently liable for a forfeiture in the amount of $10,000.00. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that New England Industrial Roofing is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000.00 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related
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- five unsolicited advertisements to the four consumers identified in the Appendix. We have further determined that Infasource.com is apparently liable for a forfeiture in the amount of $22,500.00. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Infasource.com is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $22,500.00 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders described in
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- basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigatory proceeding IS TERMINATED. IT IS FURTHER ORDERED that Scientific Games shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at (202) 418-1995,
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- authorization requirements evinces a pattern of intentional non-compliance with and disregard for these rules. Accordingly, we find that an upward adjustment of $11,000 over the $14,000 base forfeiture amount is warranted. We conclude that RMR is apparently liable for a $25,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Rocky Mountain Radio IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803, 15.205 and 15.209 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty
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- an aggregate forfeiture of $10,500 for Yellow Cab's apparent willful and repeated violations of Section 301 of the Act and Sections 1.903 and 1.949(a) of the Rules and Yellow Cab's apparent willful and repeated failure to respond to Bureau inquiries concerning its PLMRS license. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Yellow Cab Leasing, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $10,500 for willful and repeated violation of Section 301 of the Act and Sections 1.903 and 1.949(a) of the Rules and for willful and repeated failure to respond to a Bureau order. IT IS FURTHER ORDERED that,
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- Consent Decree is attached hereto. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by section 0.111 and 0.311 of the Commission's Rules, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau 47 U.S.C. § 310(d). 47 U.S.C. § 154(i). 47 C.F.R. §§ 0.111, 0.311. Federal Communications Commission DA 07-3095 DRAFT Federal Communications Commission DA 05-XXX Ū > ? c
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- to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation or reduction of the $7,000 forfeiture proposed for this violation. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Donald Winton IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 95.426(a) of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- the Enforcement Bureau (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Brenau. Brenau has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Brenau University Network IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for violation of Section 73.3527 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- Bureau (``Houston Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. McCollum. Mr. McCollum has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Michael Thomas McCollum IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Mechanicsville Telephone Company apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, MECHANICHVILLE TELEPHONE COMPANY IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
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- unsolicited advertisements to the three consumers identified in the Appendix. We have further determined that CyberData, Inc. is apparently liable for a forfeiture in the amount of $13,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that CyberData, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $13,500 (thirteen thousand, five hundred dollars) for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3),
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- violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Audio-Video Corporation d/b/a A-1 Communications apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, AUDIO-VIDEO CORPORATION D/B/A A-1 COMMUNICATIONS IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of
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- advertisements to the five consumers identified in the Appendix. We have further determined that Troescher Typing Service is apparently liable for a forfeiture in the amount of $22,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Troescher Typing Service is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $22,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- the 3 consumers identified in the Appendix. We have further determined that ESpeed Mortgage Dot Com, LLC is apparently liable for a forfeiture in the amount of $13,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that ESpeed Mortgage Dot Com, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $13,500 (thirteen thousand five hundred dollars) for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47
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- unsolicited advertisement to the consumer identified in the Appendix. We have further determined that Aras Marketing, Inc. is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Aras Marketing, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- Such action could take the form of higher monetary forfeitures and/or possible revocation of ITE's operating authority, including disqualification of ITE's principals from the provision of any interstate common carrier services without the prior consent of the Commission. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Commission's rules, that International Telecom Exchange, Inc. and International Telecom Exchange Group, Inc. SHALL FORFEIT to the United States government the sum of $28,062 for willfully and repeatedly violating the Commission's rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Mr. Smallwood willfully violated Sections 11.35 and 73.3526 of the Rules and that no reduction of the proposed $7,000 forfeiture is warranted. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ora Roberts Smallwood, III IS LIABLE FOR A MONETARY FORFEITURE in the amount of eighteen thousand dollars ($18,000) for willfully violating Sections 11.35 and 73.3526 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- the Enforcement Bureau (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $20,000 to Rama. Rama has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Rama Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for violation of Sections 73.1125(a), 73.1350(b)(2) and 73.3526 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- the Enforcement Bureau (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $5,000 to Talknsports. Talknsports has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Talknsports, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for violation of Section 73.1740(a)(4) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- public interest by promoting the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Act, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111, 0.311, and 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.720-1.736, that the Letter request is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Lisa B. Griffin Deputy Chief, Market Disputes Resolution Division Letter from Susan Lea to Colleen K. Heitkamp, Chief, Telecommunications Consumer Division, FCC, File No. EB-07-TC-F-009 (dated July 11, 2007)
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- the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigations. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Act and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigatory proceedings ARE TERMINATED. IT IS FURTHER ORDERED that the Ramcell Licensees shall make their voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at
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- certified mail was signed for by a company employee. Additionally, the Company has not provided adequate justification to merit a reduction of the forfeiture amount. After fully considering the facts and circumstances described herein, we believe the forfeiture of $4,000 is warranted in this case. 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 180(f)(4) of the Rules, Connect Paging, Inc. d/b/a Get A Phone IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 503 of the Act and Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the forfeiture is not paid within
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- A Phone has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Connect apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Connect Paging, Inc. d/b/a Get A Phone IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section
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- the competency of legal counsel or because of the mismanagement of its affairs during a period of transition does not serve the public interest. Thus, after fully considering the facts and circumstances described herein, we believe the forfeiture of $4,000 is warranted in this case. 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 180(f)(4) of the Rules, PhoneCo, LP IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 503 of the Act and Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the forfeiture is not paid within the period specified, the case
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- apparently violated Section 64.2009(e) of the Commission's rules by failing to maintain an adequate CPNI compliance certificate in accordance with the rule. We find Capital Telecommunications, Inc. apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, CAPITAL TELECOMMUNICATIONS, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
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- issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Emile. Emile has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Marcel Emile IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the
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- violation to the attention of the Commission immediately upon its discovery, Steamboat learned about the expiration of its authorization on December 1, 2006, but did not notify the Commission until 46 days later, when it filed the request for STA on January 16, 2007. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Steamboat IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of six thousand five hundred dollars ($6,500) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty
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- radar jamming devices. On January 31, 2007, the Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $25,000 to RMR. RMR has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Rocky Mountain Radar IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803, 15.205 and 15.209 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- stead than a pirate broadcaster who lacks prior authority, and thus downwardly adjust the $10,000 base forfeiture amount accordingly. Thus, we propose an aggregate forfeiture of eight thousand dollars ($8,000) ($3,000 for failure to timely file a renewal application and $5,000 for unauthorized operations). ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Hmong American Community, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 301 of the Act and Section 73.3539 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of
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- the Enforcement Bureau (``Dallas Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $5,000 to Omnicom. Omnicom has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Omnicom Tower Limited IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for violation of Sections 17.47 and 17.57 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- the Forfeiture Order. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, M.R.S. Ventures, Inc.'s petition for reconsideration of the June 8, 2007 Forfeiture Order IS hereby DENIED. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, M.R.S. Ventures, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules. Payment of the $7,000 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- those related to character, to hold or obtain any Commission license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the Bureau's investigation in this proceeding IS TERMINATED. IT IS FURTHER ORDERED that 127, Inc. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument, payable to
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- the Forfeiture Order. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, Wilson Broadcasting, Inc.'s petition for reconsideration of the April 23, 2007 Forfeiture Order IS hereby DENIED. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Wilson Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Section 73.3526 of the Rules. Payment of the $12,000 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- it corrected the internal communications problem that resulted in its failure to respond to the Division's letters of inquiry. Although GGP's corrective measures are commendable, it is well-settled that subsequent remedial actions undertaken by a licensee neither excuse nor nullify a licensee's rule violation. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, GGP, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand, four hundred dollars ($8,400) for willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules, and for willful and repeated failure to respond to Bureau directives. Payment of the forfeiture shall be
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- to $17,000, based upon the fact that Walgreens has a history of compliance with the Commission's rules and that it voluntarily disclosed the violations to Commission staff after learning of its violations prior to any Commission inquiry or initiation of enforcement action. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Walgreen Co. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for its apparent willful and repeated violations of Section 301 of the Act and Sections 25.102(a), 25.117(a), and 25.118(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
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- has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find River City Wireless apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, River City Wireless IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
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- must consider Clear Channel's exceptional size and ability to pay a forfeiture. Therefore, based upon the facts and circumstances presented here, we find that Citicasters is apparently liable in the amount of $10,000 for violating the telephone broadcast rule. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Citicasters Licenses, L.P. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 73.1206 of the Commission's Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of
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- Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, A Radio, Inc.'s petition for reconsideration of the November 3, 2006 Forfeiture Order IS hereby GRANTED IN PART and DENIED IN PART. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, A Radio, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violation of Sections 73.49, 73.1350(a), and 73.3526 of the Rules. Payment of the $14,000 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- Section 17.57 of the Rules and willfully violated Section 73.3526 of the Rules. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $3,500 is appropriate based on Flagship's demonstrated inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Flagship Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand five hundred dollars ($3,500) for violation of Sections 17.57 and 73.3526 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- permitted to retain his amateur radio authorization. Consequently, we will commence a hearing proceeding before an administrative law judge to provide Mr. Titus with an opportunity to demonstrate why his above-captioned license should not be revoked. IV. ORDERING CLAUSES ACCORDINGLY, pursuant to Sections 312(a) and (c) of the Communications Act of 1934, as amended, and authority delegated pursuant to Sections 0.111, 0.311, and 1.91(a), of the Commission's rules, David L. Titus is hereby ORDERED TO SHOW CAUSE why his authorization for Amateur Radio Station KB7ILD SHOULD NOT BE REVOKED in a proceeding before an administrative law judge, at a time and place to be specified in a subsequent order, upon the following issues: (a) to determine the effect of David L.
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- to $6,400. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $6,400 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, One Mart Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,400 for willfully and repeatedly violating Section 11.35 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- the Enforcement Bureau (``Norfolk Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Wise. Wise has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Radio Wise, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for violation of Section 73.3526 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- rule violation. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that no reduction of the proposed $8,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Broadcast Entertainment Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating Section 73.3526 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture from $4,000 to $2,000 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Larson-Wynn, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for willfully and repeatedly violating Section 73.1350(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- repeatedly violated Section 73.49 of the Rules, based upon its inability to pay, we conclude that pursuant to Section 503(b) of the Act and the Forfeiture Policy Statement, further reduction of the forfeiture to $2,800 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Pereira Broadcasting, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,800 for repeatedly violating Section 73.49 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not
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- to $6,400. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $6,400 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Three Angels Broadcasting Network, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,400 for repeatedly violating Section 11.35(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- Forfeiture Order. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, Delta Radio Greenville, LLC's petition for reconsideration of the October 1, 2004 Forfeiture Order IS hereby DENIED. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Delta Radio Greenville, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Sections 11.35 and 73.49 of the Rules. Payment of the $12,000 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, Donald Winton's petition for reconsideration of the July 12, 2007 Forfeiture Order IS hereby DENIED IN PART and GRANTED IN PART. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Donald Winton IS LIABLE FOR A MONETARY FORFEITURE in the amount of two hundred and twenty-five dollars ($225) for violation of Section 95.426(a) of the Rules. Payment of the $225 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- Section 503(b)(2)(D) of the Act, 47 U.S.C. § 503(b)(2)(D), and the Forfeiture Policy Statement, we believe a $4,000 forfeiture is appropriate in this case, which represents the base amount for the cablecast transmitted by CN8 on September 21, 2006. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Comcast Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Four Thousand Dollars ($4,000) for willfully violating Section 76.1615 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days of the release of this Notice, Comcast Corporation SHALL
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- Ms. Lee is unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Calvin B. Kurimai, Esq., Assistant United States Attorney Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) See 47 C.F.R. §§ 0.111(a)(14), 54.521. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Scott A. Federowicz, Notice of Suspension and Initiation of Debarment Proceedings, 22 FCC Rcd 11569 (Inv. & Hearings Div., Enf. Bur. 2007) (Attachment 1). 72 Fed. Reg. 39425 (Jul. 18, 2007). See Notice of Suspension, 22 FCC Rcd at 11571. See 47
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- of our review, we conclude that MRA willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $3,200 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Mobile Relay Associates IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for willfully and repeatedly violating Section 1.903(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- to $6,400. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $6,400 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Chula Vista Cable, Ltd., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,400 for repeatedly violating Section 11.35 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- to $5,600. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $5,600 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Puget Sound Educational TV, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,600 for willfully and repeatedly violating Section 73.1125(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- of three counts of mail fraud. United States v. Richard E. Brown, Criminal Docket No. 3:07-CR-29 (RNC), Plea Agreement (D.Conn. filed Feb. 13, 2007 and entered Feb. 14, 2007) (``Brown Plea Agreement''); United States v. Richard E. Brown, 3:07-CR-29 (RNC), Judgment (D.Conn. filed Sept. 6, 2007 and entered Sept. 7, 2007) (``Brown Judgment''). 47 C.F.R. § 54.521; 47 C.F.R. § 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. § 54.521). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225, ļ 66 (2003) (``Second Report and Order''). The Commission's debarment rules define a ``person'' as ``[a]ny individual,
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- for the station. On March 15, 2007, the Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $5,200 to Imperial. Imperial has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Imperial Sugar Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand two hundred dollars ($5,200) for willfully and repeatedly violating Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
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- forfeiture amount of $4,000 for each of the four apparent violations of Section 76.1615. Consequently, we propose a forfeiture in the amount of $16,000 for the cablecasts transmitted by CN8 on September 26 and 28, and October 3, 2006. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Comcast Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Sixteen Thousand Dollars ($16,000) for willfully and repeatedly violating Section 76.1615 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days of the release of this Notice, Comcast
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- unsolicited advertisements to the three consumers identified in the Appendix. We have further determined that Venali, Inc. is apparently liable for a forfeiture in the amount of $18,000. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Venali, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $18,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders described
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- to the two consumers identified in the Appendix. We have further determined that Red Rose International is apparently liable for a forfeiture in the amount of $20,000. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Red Rose International is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $20,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- our review, we find no basis for cancellation or reduction of the $4,000 forfeiture proposed for this violation. However, as Unique has already paid $400 of the $4,000 proposed forfeiture, we issue a forfeiture in the amount of $3,600. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Unique Broadcasting, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand six hundred dollars ($3,600) for willfully and repeatedly violating Section 308(b) of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- advertisements to the three consumers identified in the Appendix. We have further determined that Mario's Roofing, Inc. is apparently liable for a forfeiture in the amount of $13,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Mario's Roofing is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $13,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders described
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- advertisement to the one consumer identified in the Appendix. We have further determined that Alliance Capital Corporation is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Alliance Capital Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- subsequent conviction of conspiracy to defraud the United States. United States v. Evelyn Myers Scott, Criminal Docket No. 1:07-CR-139-CC-02, Plea Agreement (N.D.Ga. filed May 2, 2007 and entered May 7, 2007) (``Myers Scott Plea Agreement''); United States v. Evelyn Myers Scott, 1:07-CR-139-CC-02, Judgment (N.D.Ga. filed and entered Oct. 2, 2007) (``Myers Scott Judgment''). 47 C.F.R. § 54.521; 47 C.F.R. § 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. § 54.521). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225, ļ 66 (2003) (``Second Report and Order''). The Commission's debarment rules define a ``person'' as ``[a]ny individual,
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- conspiracy to defraud the United States and one count of bribery. United States v. Arthur R. Scott, Criminal Docket No. 1:07-CR-139-CC-01, Plea Agreement (N.D.Ga. filed May 2, 2007 and entered May 7, 2007) (``Scott Plea Agreement''); United States v. Arthur R. Scott, 1:07-CR-139-CC-01, Judgment (N.D.Ga. filed and entered Oct. 2, 2007) (``Scott Judgment''). 47 C.F.R. § 54.521; 47 C.F.R. § 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. § 54.521). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225, ļ 66 (2003) (``Second Report and Order''). The Commission's debarment rules define a ``person'' as ``[a]ny individual,
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- action, the company failed to take immediate action to notify Commission staff after learning of the unauthorized operation. Under the circumstances, and consistent with precedent, we find that no reduction of the proposed forfeiture for good faith efforts to comply is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Five Star IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand, five hundred dollars ($6,500) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,
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- marketing of unauthorized equipment. In this case, we note that MRC marketed one model of uncertified 4.9 GHz aeronautical transmitting equipment. We, therefore, find it appropriate and consistent with precedent to propose a forfeiture of $7,000 for MRC's marketing of uncertified equipment. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Microwave Radio Communications LLC IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803(a)(1) and 90.203 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty
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- the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Act and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigatory proceeding IS TERMINATED. IT IS FURTHER ORDERED that Alltel shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at (202) 418-1995,
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- issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Eagle West. Despite repeated contacts by the San Diego Office, Eagle West has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Eagle West Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating Section 11.35 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- Angeles Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $14,000 to Kaltenbach. Despite repeated contacts by the Los Angeles Office, Kaltenbach has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jason Kaltenbach d/b/a Metamerchant, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $14,000 for willfully and repeatedly violating of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. NOS shall make its voluntary contribution to the United States Treasury by mailing payment by check or money order to Forfeiture Collection Section, Finance Branch, Federal Communications Commission, P.O. Box 358340, Pittsburgh, Pennsylvania 15251. Payment by overnight mail may be sent to Mellon Client Service Center, 500
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- income to purchase medication and medical supplies and that he is disabled and lives on a fixed income. We note that Low Power Radio will have an opportunity to present documentation concerning its ability to pay the proposed forfeiture in response to the NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Liam Patrick Ryan d/b/a L.P. Ryan / Low Power Radio IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
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- Commission's New York Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $17,000 to Diaz. Diaz has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jairo Diaz IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully and repeatedly violating Sections 301 and 303(n) of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order.
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- advertisements to the two consumers identified in the Appendix. We have further determined that Troescher Typing Service is apparently liable for a forfeiture in the amount of $9,000. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Troescher Typing Service is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- information and documents. On April 12, 2007, the Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $9,200 to RSDC. RSDC has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, RSDC of Michigan, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of nine thousand, two hundred dollars ($9,200) for willfully and repeatedly violating Section 301 of the Act and Sections 1.903 and 1.949(a) of the Rules and for willfully and repeatedly failing to respond to a Bureau order. Payment of the forfeiture
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- information. On July 10, 2007, the Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,500 to Yellow Cab. Yellow Cab has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Yellow Cab Leasing, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand, five hundred dollars ($10,500) for willfully and repeatedly violating Section 301 of the Act and Sections 1.903 and 1.949(a) of the Rules and for willfully and repeatedly failing to respond to a Bureau order. Payment of the forfeiture
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- registered their telephone numbers on the National Do-Not-Call registry. We have further determined that See Through Windows is apparently liable for a forfeiture in the amount of $20,000. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that See Through Windows is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $20,000 for willful or repeated violations of section 64.1200(c)(2) of the Commission's rules, 47 C.F.R. § 64.1200(c)(2), and the related orders described in the paragraphs above. 12. IT IS FURTHER ORDERED
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- for hearing. Consequently, we hereby designate the matter for hearing before a Commission administrative law judge to provide Mr. Keeney with an opportunity to demonstrate why his license should not be revoked. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 312(a) and (c) of the Communications Act of 1934, as amended, and authority delegated pursuant to Sections 0.111, 0.311, and 1.91(a), of the Commission's rules, Lonnie L. Keeney is hereby ORDERED TO SHOW CAUSE why his authorization for Amateur Radio License KB9RFO should not be revoked. Lonnie L. Keeney shall appear before an administrative law judge at a time and place to be specified in a subsequent order and provide evidence upon the following issues: (a) to determine
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- of ROBERT D. LANDIS Amateur Radio Operator and Licensee of Amateur Radio Station N6FRV ) ) ) ) ) ) EB Docket No. 06-149 File No. EB-05-IH-0973 ORDER OF REVOCATION Adopted: November 20, 2007 Released: November 20, 2007 By the Chief, Enforcement Bureau: I. introduction By this Order of Revocation, pursuant to authority delegated to the Enforcement Bureau under Section 0.111(a)(17) of the Commission's Rules, we revoke the captioned Amateur license held by Robert D. Landis. Based on the evidence of his convictions for child molestation, we conclude that Mr. Landis lacks the basic requisite character qualifications to be and remain a Commission licensee. II. background On August 1, 2006, the Commission, by the Chief, Enforcement Bureau, designated this case for
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- affirm the forfeiture calculation and methodology set forth in the NAL. Applying the factors set forth in Section 1.80 and Section 503(b)(2)(D) of the Act to the instant case, we conclude that Spectracom is liable for a $12,000 forfeiture. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's Rules, Spectracom, LLC SHALL FORFEIT to the United States government the sum of $12,000 for willfully violating Section 1.948 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release of this Forfeiture Order. If the forfeiture
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- to warrant a reduction of the forfeiture penalty proposed in the NAL. For these reasons, we hereby impose a forfeiture of $17,500 for C5 Communication's violations of Section 1.17 of the Commission's rules, as set forth in the NAL. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's Rules, C5 Communications, LLC SHALL FORFEIT to the United States government the sum of $17,500 for willfully violating Section 1.17 of the Commission's rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release of this Forfeiture Order. If
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- including those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the enforcement proceeding. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 503(b) of the Act, and the authority delegated by Sections 0.111 and 0.311 of Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned enforcement proceeding IS TERMINATED. IT IS FURTHER ORDERED that Doss shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at (202) 418-1995,
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- no substantial and material questions of fact in regard to the above-referenced investigation as to whether CBS and KUTV possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the objections to the renewal application of Station KUTV(TV) received by, or in the possession of, the Media Bureau on or around August 28, 2006, as well as any other similar pleadings filed against stations licensed to any subsidiaries of CBS, alleging violation
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- violated the referenced sections of the Act and Rules, that the proposed forfeiture in the amount of seven thousand dollars ($7,000) is appropriate, and that Antique Radio Collector has not demonstrated that a reduction or cancellation of the proposed forfeiture is warranted. IV. ordering Clauses 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Richard Mann d/b/a The Antique Radio Collector IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80
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- Ms. Lee is unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Calvin B. Kurimai, Esq., Assistant United States Attorney Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) See 47 C.F.R. §§ 0.111(a)(14), 54.521. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Scott A. Federowicz, Notice of Suspension and Initiation of Debarment Proceedings, 22 FCC Rcd 17341 (Inv. & Hearings Div., Enf. Bur. 2007) (Attachment 1). 72 Fed. Reg. 57574 (October 10, 2007). See Notice of Suspension, 22 FCC Rcd at 17343. See 47
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- Inc. has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Dialaround Enterprises Inc. apparently liable for $100,000. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, DIALAROUND ENTERPRISES INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules,
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- defined in the Act. We therefore find that Fibertech is a ``telecommunications carrier'' entitled to pole attachments under section 224(f), and grant the relief requested in the Complaint. ordering clauseS Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and sections 0.111 and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 0.111 and §§ 1.1401-1.1418, that the Complaint IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and sections 0.111 and 1.1401-1.1418 of the Commission's Rules, 47 C.F.R. §§ 0.111 and
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- Consent Decree is attached hereto. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by section 0.111 and 0.311 of the Commission's Rules, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau 47 U.S.C. § 154(i). 47 C.F.R. §§ 0.111, 0.311. Federal Communications Commission DA 07-4875 DRAFT Federal Communications Commission DA 05-XXX č H I - ¸ š ē
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- Consent Decree is attached hereto. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by section 0.111 and 0.311 of the Commission's Rules, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau 47 C.F.R. § 1.17310(d). 47 U.S.C. § 154(i). 47 C.F.R. §§ 0.111, 0.311. Federal Communications Commission DA 07-4876 DRAFT Federal Communications Commission DA 05-XXX o ŋ ? @
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- basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act and the authority delegated by Sections 0.111 and 0.311 of the Rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigatory proceeding IS TERMINATED. IT IS FURTHER ORDERED that Broadcast Microwave shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at (202) 418-1995, or
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- proposed forfeiture amount of $8,000 is appropriate for its apparent violation of the alien ownership restrictions under Section 310. Based on the facts and circumstances presented, we conclude that an aggregate proposed forfeiture of $24,000 against Satamatics is warranted. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Satamatics, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty four thousand dollars ($24,000) for willfully violating Section 214, 310(b)(4), and 310(d) of the Communications Act of 1934, as amended. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within 30
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- the amount of $8,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, the Petition for Reconsideration, filed March 5, 2007, by Eagle West Communications, Inc., IS DENIED. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Eagle West Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 11.35 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- no grounds upon which to reconsider the forfeiture. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 405(b) of the Communications Act of 1934, as amended, and Section 1.106(f) of the Commission's Rules, the petition for reconsideration filed by Community Broadcast Group, Inc. IS DISMISSED. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Community Broadcast Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand dollars ($11,000) for violation of Sections 73.1350(a) and 73.3526 of the Rules Payment of the forfeiture assessed by the Forfeiture Order shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- conclude that Mr. Bazile willfully and repeatedly violated Section 301 of the Act. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $1,450 is appropriate based on his demonstrated inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Marckenson Bazile IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand four hundred fifty dollars ($1,450) for violation of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- family members or friends. Accordingly, we find that an upward adjustment of the base forfeiture amount is appropriate in this case and propose a forfeiture of $12,000 for the Licensee's apparent violations of Section 73.1216 of the Commission's rules. III. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Multicultural Radio Broadcasting Licensee, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $12,000 for willfully and repeatedly violating Sections 73.1216 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release of this
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- examined Russell's response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis to reduce the $8,000 forfeiture proposed for this violation. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jerry Russell dba The Russell Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- the Rules and willfully violated Section 73.3527 of the Rules. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $11,200 is appropriate based on Long Pond's history of compliance with the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Long Pond Baptist Church IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand two hundred dollars ($11,200) for violation of Sections 17.50 and 73.3527 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, Entravision Holdings, LLC's petition for reconsideration of the February 6, 2007 Forfeiture Order IS hereby GRANTED IN PART AND DENIED IN PART. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Entravision Holdings, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 1.1310 of the Rules. Payment of the $10,000 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether FMBC possess the basic qualifications, including character qualifications, to remain a Commission licensee. 4. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned investigation into the matters described herein is terminated. 6. IT IS FURTHER ORDERED that copies of this order shall be sent by regular first class mail and certified mail - return receipt requested to Joseph A. Belisle, Leibowitz &
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- call sign. Therefore, we affirm the decision in the NAL and find Sakaida liable for violation of Section 1.949(a) for the period May 29, 2006 (one year prior to adoption of the NAL) until June 19, 2006 (the date Sakaida filed its STA application). ordering clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ted Sakaida & Sons Trucking IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand, two hundred dollars ($5,200) for willful and repeated violations of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in
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- advertisements to the three consumers identified in the Appendix. We have further determined that Y Pay More is apparently liable for a forfeiture in the amount of $23,500.00. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Y Pay More is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $23,500.00 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- to the two consumers identified in the Appendix. We have further determined that Red Rose International is apparently liable for a forfeiture in the amount of $9,000. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Red Rose International is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- result of our review, we conclude that Visionary willfully and repeated violated Section 1.1310. Considering the entire record and the factors listed above, we find that neither reduction or cancellation of the proposed $10,000 forfeiture is warranted IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Visionary Related Entertainment, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 1.1310 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation or reduction of the $25,000 forfeiture proposed for this violation. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Entravision Holdings, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 1.1310 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- $10,000. We have examined Infinity's response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we reduce the forfeiture proposed for this violation to $10,000. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Infinity Broadcasting Corporation of Florida IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 1.1310 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- inability to pay. Toussaint stated in the response that documentation in support of his request would be submitted under separate cover. To date, no such documentation has been submitted. Accordingly, based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,Gary Toussaint IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating 47 U.S.C. § 301. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the forfeiture is
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- the Cayey earth station license had lapsed, it initiated the process to correct the violation. The Commission has explained that it ``expects'' violators to implement corrective action to bring past violations into compliance, and therefore, such actions do not nullify or mitigate past violations. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, La Carpa IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of six thousand, five hundred dollars ($6,500) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within
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- that Mr. Duckworth willfully and repeatedly violated Section 301 of the Act. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $2,500 is appropriate based on Mr. Duckworth's demonstrated inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Larry J. Duckworth IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand five hundred dollars ($2,500) for violation of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CSSI possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the ``Complaint'' received by, or in the possession of, the Bureau, on or around September 6, 2005, alleging violation of the Underwriting Laws by CSSI, IS DISMISSED. IT IS FURTHER ORDERED that the investigation by the Enforcement Bureau IS TERMINATED. IT IS FURTHER
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- comply with Section 0.459, including the standards of specificity mandated by Section 0.459(b). As discussed above, Kimberly Clark made a blanket request for confidentiality of all the information it provided. We conclude that Kimberly Clark failed to demonstrate that its LOI response warrants confidential treatment and, therefore, deny its request. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311, and 0.459(c) of the Rules, that the Request for Confidentiality filed on December 18, 2006 by Kimberly Clark IS DENIED. IT IS FURTHER ORDERED that, pursuant to Section 0.459(g) of the Rules, that Kimberly Clark may file an application for review of this denial with the Commission within five (5) working days of the release date of this Order.
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- terminating the investigation. In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Wal-Mart possesses the basic qualifications, including character qualifications, to remain a Commission licensee. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Act, and the authority delegated by Sections 0.111 and 0.311 of the Rules, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation into the matters described herein IS TERMINATED. IT IS FURTHER ORDERED that Wal-Mart shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center
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- including those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest will be served by adopting the Consent Decree and terminating this investigation. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act and Sections 0.111 and 0.311 of the Rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS TERMINATED. IT IS FURTHER ORDERED that US Cellular shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at (202) 418-1995, or
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- CSI possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the forfeiture proceeding. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the Enforcement Bureau's forfeiture proceeding IS TERMINATED. IT IS FURTHER ORDERED that CSI shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at (202) 418-1995, or
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- 73.3526(a) of the Rules. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, 127, Inc.'s petition for reconsideration of the September 6, 2006 Forfeiture Order IS hereby DENIED. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, 127, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of sixteen thousand eight hundred dollars ($16,800) for violation of Sections 73.1125(a), 73.1745, and 73.3526(a) of the Rules. Payment of the $16,800 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, Jose A. Mollinedo's Petition for Reconsideration, filed February 13, 2006, IS GRANTED TO THE EXTENT INDICATED HEREIN AND DENIED IN ALL OTHER RESPECTS. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Jose A. Mollinedo IS LIABLE FOR A MONETARY FORFEITURE in the amount of five hundred dollars ($500) for violations of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- not nullify or mitigate any prior forfeitures or violations. Finally, we also decline to reduce the proposed forfeiture based on WADV's history of compliance. WADV previously has received three Notices of Violation, two of which included violations for over-powered operation. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, WADV Radio, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 73.1745(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If
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- Metzger's response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation of the $7,000 forfeiture proposed for this violation. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ben Metzger dba 1 Stop Communications / 1 Stop CB Shop IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and 2.803(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in
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- in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Rama willfully and repeatedly violated Sections 11.35(a) and 73.49 of the Rules and that no reduction of the proposed $10,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Rama Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violation of Sections 11.35(a) and 73.49 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- material questions of fact as to whether the Stations posses the basic qualifications, including character qualifications, to remain a Commission licensee. Furthermore, we find that the Notice of Apparent Liability issued in this proceeding is null and void. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED and the Notice of Apparent Liability IS CANCELLED. IT IS FURTHER ORDERED that the above-captioned investigation into the matters described herein is terminated. 6. IT IS FURTHER ORDERED that copies of this order shall be sent by regular first class mail and certified mail - return receipt
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NMI possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the ``Complaint'' dated December 9, 2005, alleging violation of the Underwriting Laws by NMI, IS DISMISSED. IT IS FURTHER ORDERED that the investigation by the Enforcement Bureau IS TERMINATED. IT IS FURTHER ORDERED that copies of this Order shall be sent by regular
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- however, that a downward adjustment of the proposed forfeiture from $10,000 to $8,000 is warranted because Lockheed Martin made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Lockheed Martin IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of eight thousand dollars ($8,000) for the willful and repeated violation of Section 301 of the Act and Section 25.102(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the
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- We, therefore, deny the Petition. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, Farmworkers Educational Radio Network, Inc.'s Petition for Reconsideration, filed July 31, 2006, IS DENIED. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Farmworkers Educational Radio Network, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- may require. We conclude that the violation here primarily occurred due to inadequate planning and control, and not due to a deliberate attempt to deceive and that the base forfeiture amount of $4,000 is appropriate in this case. IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Saga Communications of New England, L.L.C., is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 73.1216 of the Commission's rules. 10. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release
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- the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require." Having considered these factors, we find that a $4,000 proposed forfeiture is appropriate in this case. V. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Entercom Wichita License, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 73.1216 of the Commission's rules. 10. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release of this
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- record reflects that the Licensee aired the conversation on at least three separate occasions, January 7, 10 and 11, 2005. Therefore, we believe that an upward adjustment of the base forfeiture amount is appropriate, and propose a forfeiture of $8,000. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules that WMGO Broadcasting Corp., Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $15,000 for willfully and repeatedly violating Section 73.1206 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules that within thirty (30) days of the release of this Notice,
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- matters as justice may require. After considering the record, the factors contained in Section 503(b)(2)(D) of the Act, 47 U.S.C. § 503(b)(2)(D), and the Forfeiture Policy Statement, we believe that a $4,000 forfeiture is appropriate in this case. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that CBS Radio Inc. of Philadelphia, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $3,000 for willfully and repeatedly violating Section 73.1216 of the Commission's rules. 11. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release of
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- forfeiture is appropriate in this case. Specifically, we conclude that the violation occurred due to inadequate planning and control, and not due to a deliberate attempt to deceive or to favor a particular contestant or class of contestants. V. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Commission's rules, that Access 1 New Jersey License Company, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for willfully and repeatedly violating section 73.1216 of the Commission's rules. 12. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty (30) days of the
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- or material questions of fact as to whether Midwest possess the basic qualifications, including character qualifications, to remain a Commission licensee. Furthermore, we find that the Notice of Apparent Liability issued in this proceeding is null and void. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED and the Notice of Apparent Liability IS CANCELLED. IT IS FURTHER ORDERED that the above-captioned investigation into the matters described herein is terminated. 6. IT IS FURTHER ORDERED that copies of this order shall be sent by regular first class mail and certified mail - return receipt
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- an ability to pay a forfeiture. We have reviewed the federal tax returns submitted by Truatt and find that the forfeiture, as reduced, represents a percentage of gross income that falls within the range that has been found acceptable. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Frank R. Truatt IS LIABLE FOR A MONETARY FORFEITURE in the amount of nine thousand six hundred dollars ($9,600) for willful and repeated violation of Sections 11.35(a), 73.1590(a)(6), and 73.3526(e)(12) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30)
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- including those related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and the authority delegated by section 0.111 and 0.311 of the Commission's Rules, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation is terminated. 7. IT IS FURTHER ORDERED that Rajant shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order of
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- conclude that Claro willfully and repeatedly violated Section 73.1125(a) of the Rules and repeatedly violations Section 73.1745(a) of the Rules. However, we reduce the forfeiture for these violations to $8,800, based on Claro's history of compliance with the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Claro Communications, LTD. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand eight hundred dollars ($8,800) for violation of Sections 73.1125 and 73.1745 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Joint Request to Withdraw Complaint with Prejudice IS GRANTED. 10. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 1.1401-1.1418, and the authority delegated
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- numbers on the National Do-Not-Call registry. We have further determined that AZ Prime One Mortgage Corporation is apparently liable for a forfeiture in the amount of $20,000.00. 11. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that AZ Prime One Mortgage Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $20,000.00 for willful or repeated violations of section 64.1200(c)(2) of the Commission's rules, 47 C.F.R. § 64.1200(c)(2), and the related orders described in the paragraphs above. 12. IT IS
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- reduction is warranted for an inability to pay. Accordingly, we find that Side by Side willfully and repeatedly violated Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules and that a forfeiture in the amount of $5,200 is appropriate. IV. ORDERING Clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Side by Side, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand two hundred dollars ($5,200) for willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this
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- issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Whitley. Whitley has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Trevor Whitely IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to
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- issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $17,000 to Clemons. Clemons has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Charles Clemons IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully and repeatedly violating Section 301 of the Act. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to
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- a good overall prior compliance record, and because partial reduction is appropriate for excluding the announcement permissibly made on behalf of The School House, we will reduce the forfeiture amount proposed in the NAL from $20,000 to $9,000. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, that Christian Voice of Central Ohio, Inc., licensee of then-noncommercial educational Station WCVZ(FM), South Zanesville, Ohio, FORFEIT to the United States the sum of Nine Thousand Dollars ($9,000) for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. § 399b, and Section 73.503(d) of the Commission's rules,
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- situation, including all potential sources of income. We have reviewed the personal income tax returns submitted by Ramos and we find that the forfeiture represents a percentage of gross income that falls within the range that has been found acceptable. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Eliandro B. Ramos IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If
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- pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $3,200 is warranted, based on ASA's history of compliance. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, ASA Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand two hundred dollars ($3,200) for violation of Section 73.1745(a) of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return
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- Commission's New York Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $17,000 to Paula. Paula has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Nicolas Paula IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully and repeatedly violating Section 301 of the Act and willfully violating Section 303(n) of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days
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- evidence relating to these matters, we conclude that our investigations raise no substantial or material questions of fact as to whether Custer possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Peter M. Connolly, Esq., Holland & Knight
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- Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Trent B. Harkrader Deputy Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Anthony E. Kaplan, Esq., Supervisory Assistant United States Attorney Calvin B. Kurimai, Esq., Assistant United States Attorney See 47 C.F.R. §§ 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Thomas J. Kennedy III, Notice of Suspension and Initiation of Debarment Proceedings, 23 FCC Rcd 1669 (Inv. & Hearings Div., Enf. Bur. 2008) (Attachment 1). 73 Fed. Reg. 12733 (March 10, 2008). See Notice of Suspension, 23 FCC Rcd at 1670-72. See
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- Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Anthony E. Kaplan, Esq., Supervisory Assistant United States Attorney Calvin B. Kurimai, Esq., Assistant United States Attorney See 47 C.F.R. §§ 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Keith J. Madeiros, Notice of Suspension and Initiation of Debarment Proceedings, 23 FCC Rcd 465 (Inv. & Hearings Div., Enf. Bur. 2008) (Attachment 1). 73 Fed. Reg. 18797 (April 7, 2008). See Notice of Suspension, 23 FCC Rcd at 466-68. See 47
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether WTI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that WTI shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the Order of the
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- (``Allan Green Judgment''), Substitute Information (N.D.Cal. filed Apr. 9, 2007 and entered Apr. 10, 2007) (``Allan Green Substitute Information''). See United States v. Video Network Communications, Inc. et al., Criminal Docket No. 3:05-CR-00208-CRB, Superseding Indictment (N.D.Cal. filed Dec. 8, 2005 and entered Dec. 12, 2005); http://www.usdoj.gov/atr/cases/f213600/213626.htm (accessed May 1, 2008) (``VNCI Superseding Indictment''). 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- Nelson, Criminal Docket No. 3:05-CR-00208-CRB-011, Judgment (N.D.Cal. filed and entered Mar. 21, 2008) (``Earl Nelson Judgment''). See United States v. Video Network Communications, Inc. et al., Criminal Docket No. 3:05-CR-00208-CRB, Superseding Indictment at ļļ 79-80 (N.D.Cal. filed Dec. 8, 2005 and entered Dec. 12, 2005); http://www.usdoj.gov/atr/cases/f213600/213626.htm (accessed May 1, 2008) (``VNCI Superseding Indictment''). 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- Marchelos, Criminal Docket No. 3:05-CR-00208-CRB-009, Judgment (N.D.Cal. filed and entered Apr. 10, 2008) (``George Marchelos Judgment''). See United States v. Video Network Communications, Inc. et al., Criminal Docket No. 3:05-CR-00208-CRB, Superseding Indictment at ļļ 72-88 (N.D.Cal. filed Dec. 8, 2005 and entered Dec. 12, 2005), http://www.usdoj.gov/atr/cases/f213600/213626.htm (accessed May 1, 2008) (``VNCI Superseding Indictment''). 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- Esq., Universal Service Administrative Company (via e-mail) Michael Wood, Antitrust Division, United States Department of Justice (via mail) Any further reference in this letter to ``your conviction'' refers to your twenty-two count conviction. United States v. Judy Green, Criminal Docket No. 3:05-CR-00208-WHA-007, Judgment (N.D.Cal. filed and entered March 19, 2008) (``Judy Green Judgment''). 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- Apr. 9, 2008) (``Holman Judgment''), Substitute Information (N.D.Cal. filed and entered Apr. 5, 2007) (``Holman Substitute Information''). See also generally United States v. Video Network Communications, Inc. et al., Criminal Docket No. 3:05-CR-00208-CRB, Superseding Indictment (N.D.Cal. filed Dec. 8, 2005 and entered Dec. 12, 2005), http://www.usdoj.gov/atr/cases/f213600/213626.htm (accessed May 1, 2008) (``VNCI Superseding Indictment''). 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Choice possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Sylvia Lesse, Esq., Counsel for Choice Wireless, LC,
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- we conclude that Southern willfully and repeatedly violated Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $800 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Southern New Mexico Radio Foundation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $800 for willfully and repeatedly violating Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and
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- Francisco Office prior to the NAL, and the substantial reduction of the proposed forfeiture based on a demonstrated inability to pay, we caution the Campos that any new violations would mitigate against forfeiture reduction in the future. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Martha S. and Miguel G. Campos, ARE LIABLE FOR A MONETARY FORFEITURE in the amount of $800 for willfully violating Section 301 of the Act. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt
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- pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $350 is warranted, based on demonstrated inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Richard Ross IS LIABLE FOR A MONETARY FORFEITURE in the amount of three hundred fifty dollars ($350) for violation of Section 301 of the Act. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested
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- the Enforcement Bureau (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Phillips. Phillips has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Phillips Broadcasting, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for violation of Section 73.3526 of the Rules. with any questions regarding payment procedures. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to
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- need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Joint Stipulation of Dismissal IS GRANTED. 5. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in sections
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- of our review, we conclude that BCBA willfully and repeatedly violated Section 73.1745(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $3,200 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Boulder Community Broadcast Association, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for willfully and repeatedly violating Section 73.1745(a) of the Rules. with any questions regarding payment procedures. Boulder Community Broadcast Association, Inc., shall also send electronic notification on the date said payment is made to WR-Response@fcc.gov. IT IS
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- violated Section 303(q) of the Act, and Sections 17.51(a), 17.47(a), 17.48, and 17.57 of the Rules. Considering the entire record and the factors listed above, we find that no reduction of the proposed $13,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Western Slope Communications, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $13,000 for repeatedly violating Section 303(q) of the Act, and Sections 17.51(a), 17.47(a), 17.48, and 17.57 of the Rules. with any questions regarding payment procedures. Western Slope Communications, LLC, shall also send electronic notification on the date said payment
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- San Diego Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Action. Despite evidence that Action received the NAL, Action has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Action Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Sections 308(b) and 403 of the Act. with any questions regarding payment procedures. Action Communications, Inc., shall also send electronic notification on the date said payment is made to WR-Response@fcc.gov. 5. IT IS FURTHER
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- violated Sections 11.35 and 73.1745(a) of the Rules and Section 301 of the Act. However, we reduce the forfeiture for these violations to $1,500, based on Mr. Glass' history of compliance with the Rules and demonstrated inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Michael H. Glass IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violation of Sections 11.35 and 73.1745 of the Rules and Section 301 of the Act. with any questions regarding payment procedures. Mr. Glass will also send electronic notification on the date said payment
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- direct Low Power Radio to submit a report within 30 days of the release of this Order certifying that it has ceased all marketing of the AMT3000 AM ``Assembled'' and ``Simplified'' transmitter kits, except to the extent that it is directly exporting these devices. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Liam Patrick Ryan d/b/a L.P. Ryan / Low Power Radio IS LIABLE FOR A MONETARY FORFEITURE in the amount of six hundred ten dollars ($610) for willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. Payment of the forfeiture must be made by check or similar instrument,
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- 2007 guilty plea and subsequent conviction of mail fraud. United States v. Keith J. Madeiros., Criminal Docket No. 3:07-CR-29-RNC-2, Plea Agreement (D. Conn. filed Feb. 13, 2007 and entered Feb. 15, 2007) (``Madeiros Plea Agreement''); United States v. Keith J. Madeiros, 3:07-CR-29-RNC-2, Judgment (D. Conn. filed and entered Dec. 10, 2007) (``Madeiros Judgment''). 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CapRock possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that CapRock shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the Order of the
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Unicom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that Unicom Communications, L.L.C. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether WNYC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaint against WNYC Radio before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree IS DISMISSED. . IT IS FURTHER ORDERED
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- rule by failing to provide a written response to the Commission in response to an informal complaint. Accordingly, a proposed forfeiture is warranted against Defendant for this apparent willful or repeated violation. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, that Global Access, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000.00 for willfully or repeatedly failing to respond to the informal complaint served by the Commission, in violation of section 1.717 of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within thirty
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- unsolicited advertisements to the four consumers identified in the Appendix. We have further determined that America's Toner is apparently liable for a forfeiture in the amount of $18,000. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that America's Toner is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $18,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders described
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- to the consumer identified in the Appendix. We have further determined that Secured Finance & Investments, Inc. is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Secured Finance & Investments, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Variety possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that Variety Wholesalers, Inc. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Big Lots possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED THAT Big Lots shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order of
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Conn's possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that Conn's, Inc. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order of
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether BJ's possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that BJ's Wholesale Club, Inc. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the
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- registered his telephone number on the National Do-Not-Call registry. We have further determined that Timeshare Register is apparently liable for a forfeiture in the amount of $20,000. 11. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Timeshare Register is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $20,000 for willful or repeated violations of section 64.1200(c)(2) of the Commission's rules, 47 C.F.R. § 64.1200(c)(2), and the related orders described in the paragraphs above. 12. IT IS FURTHER ORDERED THAT,
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- advertisement to the one consumer identified in the Appendix. We have further determined that American Locators, Inc. is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that American Locators, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Northland possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that Northland Cable Ventures, LLC shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the
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- advertisements to the three consumers identified in the Appendix. We have further determined that First Alliance Security is apparently liable for a forfeiture in the amount of $13,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that First Alliance Security is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $13,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- to the four consumers identified in the Appendix. We have further determined that Coastal Steel Structures, Inc. is apparently liable for a forfeiture in the amount of $18,000. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Coastal Steel Structures, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $18,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related
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- advertisements to the two consumers identified in the Appendix. We have further determined that Cost Crunch, Inc. is apparently liable for a forfeiture in the amount of $13,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Cost Crunch, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $13,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- unsolicited advertisements to the consumers identified in the Appendix. We have further determined that Modena Advertising, Inc. is apparently liable for a forfeiture in the amount of $18,000. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Modena Advertising, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $18,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Rent-A-Center possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that Rent-A-Center, Inc. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order of
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Lamkin possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above captioned matter IS TERMINATED. IT IS FURTHER ORDERED that Lamkin Corporation shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order of the Federal
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- the Forfeiture Policy Statement. As a result of our review, we conclude that Omni willfully and repeatedly violated Section 11.35(a) of the Rules. We find no basis for cancellation or reduction of the $8,000 forfeiture proposed for this violation. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Omni Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35(a) of the Rules. with any questions regarding payment procedures. Omni will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. IT IS FURTHER ORDERED that a copy
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- we conclude that Broadcasters willfully and repeatedly violated Section 11.35(a) of the Rules. However, we reduce the forfeiture for this violation to $5,000, based on Broadcasters' history of compliance with the Rules and its inability to pay the forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, FM 92 Broadcasters, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for violation of Section 11.35 of the Rules. with any questions regarding payment procedures. FM 92 Broadcasters, Inc. will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. IT IS FURTHER
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- from the date of debarment. The Bureau may, if necessary to protect the public interest, extend the debarment period. . . Sincerely yours, Trent Harkrader Deputy Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Duncan S. Currie, Esq., Chief, Dallas Field Office, Antitrust Division, Department of Justice See 47 C.F.R. §§ 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Rafael G. Adame, Notice of Suspension and Initiation of Debarment Proceedings, 23 FCC Rcd 5518 (Inv. & Hearings Div., Enf. Bur. 2008) (Attachment 1). 73 Fed. Reg. 24287 (May 2, 2008). See Notice of Suspension, 23 FCC Rcd at 5519-21. See 47
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- Claro's petition for reconsideration persuasive and deny it. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 405(b) of the Communications Act of 1934, as amended, and Section 1.106(f) of the Commission's Rules, the petition for reconsideration filed by Claro Communications, LTD. IS DENIED. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Claro Communications, LTD. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand eight hundred dollars ($8,800) for violation of Section 73.1125 and 73.1745 of the Rules. with any questions regarding payment procedures. Claro Communications, LTD. will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. IT IS
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- Brooklyn, New York, we remind Ms. Rodriguez that prior knowledge of the law is not necessary in determining whether a violation existed. As a licensee, Ms. Rodriguez will be held responsible for any future violations of the Commission's rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the Notice of Apparent Liability for Forfeiture issued to Family Car Service, Inc. is HEREBY CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Lillian Rodriguez at her address of record and to counsel for Lillian Rodriguez at his
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Atlantic Aviation possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. . IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Tony Lin, Esq., Pillsbury Winthrop Shaw Pittman
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Farmworker possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above captioned matter IS TERMINATED. IT IS FURTHER ORDERED that Farmworker Educational Radio Network, Inc., shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order
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- advertisement to the consumer identified in the Appendix. We have further determined that General Equipment & Supply is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that General Equipment & Supply is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related
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- issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Clouden. Clouden has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Richard Clouden IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Richard Clouden at his address
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- Bureau (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $18,000 to Mr. Doe. Mr. Doe has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, John Doe IS LIABLE FOR A MONETARY FORFEITURE in the amount of $18,000 for violation of Sections 301 and 325 of the Act. with any questions regarding payment procedures. Mr. Doe will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy
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- pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $8,100 is warranted, based on demonstrated inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Halifax Christian Community Church, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand one hundred dollars ($8,100) for violation of Section 73.845 of the Rules and Section 301 of the Act. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and
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- Commission's New York Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Rodriguez. Rodriguez has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Frank Rodriguez IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301of the Act. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Frank Rodriguez at his address of
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- the Enforcement Bureau (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $12,000 to D-Mitch. D-Mitch has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, D-Mitch Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,000 for violation of Sections 11.35 and 73.3526 of the Rules. with any questions regarding payment procedures. D-Mitch will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy
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- unsolicited advertisement to the consumer identified in the Appendix. We have further determined that Y Pay More is apparently liable for a forfeiture in the amount of $9,000. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Y Pay More is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- did not have a lock shows a level of neglect that negates any effort prior to the inspection that might have warranted a good faith reduction. Consequently, we decline to reduce the forfeiture amount on this basis. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Radio Plus, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 73.49 of the Rules. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Radio Plus, Inc. at its
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- currently in the process of assembling and prioritizing creditors' claims against Twin Towers Broadcasting, Inc. Owner asserts that requiring full payment of the forfeiture would harm innocent creditors. Based on the totality of the circumstances, we cancel the NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, the Notice of Apparent Liability for Forfeiture issued to David Ryder, Receiver for violation of Sections 17.4(g) and 17.50 of the Rules IS HEREBY CANCELED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested to David Ryder, Receiver at his
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Viaero possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Mike Felicissimo, Executive Vice-President, NE Colorado Cellular, Inc.,
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- the instant case. We have examined the Response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that the CBS willfully violated Section 73.1216 of the Commission's Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's Rules, CBS Radio Inc. of Philadelphia IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willful violation of Section 73.1216 of the Commission's Rules. . IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by First Class Mail and Certified Mail Return Receipt
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- Family Network continues to operate its station as of July 14, 2008, without a license. Christian Family Network's failure to immediately cease operation of the station may result in further monetary fines and other more serious sanctions. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Christian Family Network, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. . IT IS FURTHER ORDERED that Christian Family Network, Inc. SHALL REPORT, in writing, within 10 days of the date of this Order, the date it ceased operating
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- material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Licensee possesses the basic qualifications including, but not limited to, those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act and Sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Sunshine Broadcasters, Inc. before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED
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- advertisements to the two consumers identified in the Appendix. We have further determined that Ureach Technologies, Inc. is apparently liable for a forfeiture in the amount of $9,000. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Ureach Technologies, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- year from the date of violation. Accordingly, because it is not clear from the record before us whether Ryzex marketed the modified PDT6842s after 2006, we will not propose a forfeiture for marketing this model. We find, however, that an admonishment is warranted. iV. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Ryzex, Inc., IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for marketing two models of improperly labeled PDTs in willful and repeated violation of Section 302(a) of the Act and Section 2.803(a) of the of the Rules. IT IS FURTHER ORDERED that Ryzex IS ADMONISHED
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- associated with E970116. Finally, ABS-CBN's assertion that it did not create any interference with other licensees during the period of unauthorized operation is unavailing. It is well established that the absence of public harm is not considered a mitigating factor for a rule violation. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, ABS-CBN International, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Commission's Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of
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- consumers identified in the Appendix. We have further determined that Tri-State Printer & Copier Supply Co., Inc. is apparently liable for a forfeiture in the amount of $9,000. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Tri-State Printer & Copier Supply Co., Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3),
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- was upon learning from staff that no authority had been obtained for its U.S. VSAT operations, and upon staff directive to file an application requesting Commission authority as soon as possible, that Able Infosat took corrective actions to come into compliance with Commission rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Able Infosat Communications, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for the willful and repeated violation of Section 301 of the Act and Section 25.201(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty
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- examined Friendship's response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis to reduce the $4,000 forfeiture proposed for this violation. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Friendship Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3527 of the Rules. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested to Friendship Communications, Inc. at
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- unsolicited advertisements to the four consumers identified in the Appendix. We have further determined that Amerilist, Inc. is apparently liable for a forfeiture in the amount of $18,000. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Amerilist, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $18,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders described
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- however, that a downward adjustment of the proposed forfeiture from $6,500 to $5,200 is warranted because Side by Side made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations prior to any Commission inquiry or initiation of enforcement action. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Side by Side, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Commission's Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Airadigm possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Todd B. Lantor, Esq., Lukas, Nace, Gutierrez &
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- part of an EAS test or actual emergency, whether intentional or accidental, compromises the integrity of the EAS system. Accordingly, we conclude that Cox Radio station WKHK is apparently liable for a $5,000 forfeiture for its willful violation of Section 11.32(a)(9)(v) of the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Cox Radio, Inc., licensee of FM Radio Station WKHK, IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of five thousand dollars ($5,000) for willful violation of Section 11.32(a)(9)(v) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date
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- relating to these matters, we conclude that our investigations raise no substantial or material questions of fact as to whether IT&E possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED and that the Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return
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- (``GAAP''); or (3) some other reliable and objective documentation that accurately reflects the respondent's current financial status. Despite this explicit direction, Discovery has provided no documentation to support its claim that payment of the forfeiture will be burdensome. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Discovery Transportation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the
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- however, that a downward adjustment of the proposed aggregate forfeiture from $6,500 to $5,200 is warranted because Saga made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Saga IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of five thousand, two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty
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- with the Commission's Rules regarding the CB radio service. We caution Barber that failure to allow this inspection by the Portland Resident Agent Office will result in further sanctions and forfeitures for violation of Section 303(n) of the Act and Section 95.426(a) of the Rules. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jeremy William Barber, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully violating Section 303(n) of the Act, and Section 95.426(a) of the Rules. with any questions regarding payment procedures. Jeremy William Barber shall also send electronic notification on the date said payment is made to WR-Response@fcc.gov. 6. IT
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- CB transceivers in violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. Despite evidence that Kersnowski and his counsel received the NAL, Kersnowski has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Michael T. Kersnowski, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. with any questions regarding payment procedures. Michael T. Kersnowski shall also send electronic notification on the date said payment is made to WR-Response@fcc.gov.
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- of our review, we conclude that Bennett Broadcasting repeatedly violated Section 73.1125(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $5,600 is warranted. IV. ORDERING CLAUSES 18. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Christopher H. Bennett Broadcasting of Washington, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,600 for repeated violations of Section 73.1125(a) of the Rules. 19. IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the
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- impose financial hardship on A-O. Therefore, we conclude that cancellation of the forfeiture is warranted. Nevertheless, we find that it is appropriate to admonish A-O for its willful and repeated violation of Section 301 of the Act. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, that the proposed forfeiture in the amount of ten thousand dollars ($10,000) issued to A-O Broadcasting Corporation, in the April 23, 2004, Notice of Apparent Liability for willful and repeated violations of Section 301 of the Act IS CANCELLED. IT IS FURTHER ORDERED that A-O Broadcasting Corporation, IS ADMONISHED for its willful and
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- Bureau's Seattle Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $7,000 to Grinton. Despite repeated contacts by the Seattle Office, Grinton has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, James J. Grinton, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 97.113(b) and Section 97.119(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- conclude that First Baptist willfully and repeatedly violated Sections 11.35(a) and 73.1125(a) of the Rules. However, we reduce the forfeiture for these violations to $2,000, based on First Baptist's inability to pay and history of compliance with the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, First Baptist Church, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for violation of Sections 11.35 and 73.1125 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- to MBR for failing to maintain a complete public inspection file, in violation of Section 73.3526 of the Rules. Despite evidence that MBR received the NAL, MBR has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, MBR Licensee, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 73.3526 of the Rules. with any questions regarding payment procedures. MBR Licensee, LLC, shall also send electronic notification on the date said payment is made to WR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that
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- Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Idalbert. Despite evidence that Idalbert received the NAL, Idalbert has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jean Idalbert IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301of the Act. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Jean Idalbert at his address of
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- unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Michael Wood, Antitrust Division, United States Department of Justice (via mail) See 47 C.F.R. §§ 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Allan Green, Notice of Suspension and Initiation of Debarment Proceedings, 23 FCC Rcd 8211 (Inv. & Hearings Div., Enf. Bur. 2008) (Attachment 1). 73 Fed. Reg. 32579 (June 9, 2008). See Notice of Suspension, 23 FCC Rcd at 8212-14. See 47 C.F.R.
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- unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Michael Wood, Antitrust Division, United States Department of Justice (vial mail) See 47 C.F.R. §§ 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Earl Nelson, Notice of Suspension and Initiation of Debarment Proceedings, 23 FCC Rcd 8215 (Inv. & Hearings Div., Enf. Bur. 2008) (Attachment 1). 73 Fed. Reg. 32581 (June 9, 2008). See Notice of Suspension, 23 FCC Rcd at 8216-18. See 47 C.F.R.
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- unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Michael Wood, Antitrust Division, United States Department of Justice (via mail) See 47 C.F.R. §§ 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. George Marchelos, Notice of Suspension and Initiation of Debarment Proceedings, 23 FCC Rcd 8219 (Inv. & Hearings Div., Enf. Bur. 2008) (Attachment 1). 73 Fed. Reg. 32577 (June 9, 2008). See Notice of Suspension, 23 FCC Rcd at 8220-22. See 47 C.F.R.
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- Lee is unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Michael Wood, Antitrust Division, United States Department of Justice See 47 C.F.R. §§ 0.111(a)(14), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. William Holman, Notice of Suspension and Initiation of Debarment Proceedings, 23 FCC Rcd 8228 (Inv. & Hearings Div., Enf. Bur. 2008) (Attachment 1); see 73 Fed. Reg. 36082 (Jun. 25, 2008). Letter from Walter F. Brown, Jr., Orrick, Herrington & Sutcliffe, LLP
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Knology, Inc. possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Chip Yorkgitis, Kelley Drye & Warren LLP, Counsel
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Vangard possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Marjorie Spivak, Esq., counsel for Vangard Wireless, LP,
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether OP or TVCC possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Bruce Olcott, Esq., Squire Sanders & Dempsey, LLP,
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- prejudice will serve the public interest by facilitating the resolution of the dispute among the appropriate parties. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, sections 1.721-1.736 of the Commission's rules, 47 C.F.R. §§ 1.721-1.736, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Motion to Dismiss IS GRANTED and the above-captioned complaint IS DISMISSED WITHOUT PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Motion to Dismiss Complaint Without Prejudice, File No. EB-08-MD-005 (filed Aug. 12, 2008)(``Motion to Dismiss''). (Continued from previous page) (continued
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether WTCI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that WTCI will file reports with the Commission ninety days after the Effective Date, twelve months after the Effective Date, and annually for a period of three years thereafter. Each report
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- TRS, numbering administration, and local number portability funds. Furthermore, Cardinal apparently has not filed a Form 499-A in connection with its interconnected VoIP service. The Enforcement Bureau intends to investigate Cardinal's compliance with these requirements and may take further enforcement action, if warranted. iV. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Cardinal Broadband LLC IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for failing to provide compliant E911 service in willful and repeated violation of Section 9.5(b) of the Rules. IT IS FURTHER ORDERED that Cardinal submit a report within 10 days of this NAL certifying
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- to provide substantially the same information requested in the first LOI. Accordingly, considering all of the enumerated factors and the particular circumstances of this case, we find that a forfeiture of $25,000 is warranted here for Cardinal's apparent willful violation of Section 1.17(a)(2). iV. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Cardinal Broadband LLC IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for providing incorrect material factual information to the Commission in willful violation of Section 1.17(a)(2) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether GE MDS possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that GE MDS shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order of
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- two models of unauthorized or non-compliant devices it marketed, for a total proposed forfeiture of $14,000. Consistent with precedent, we have considered the statutory factors set forth above and conclude that no adjustment of the proposed forfeiture from the aggregate base amount is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Microboards Technologies IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release
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- unauthorized models is a separate, continuing violation. Based on the record of this proceeding and application of the statutory factors listed above, we propose a forfeiture of $14,000 for Leetek's unauthorized marketing of the model LTK-1400S and the model LTK-1700CT pager transmitter systems. iV. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Leetek America, Inc. IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for marketing two pager transmitter systems that were unauthorized, in willful violation of Section 302(a) of the Act and Section 2.803(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of
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- proposed above does not include these apparent violations. Nevertheless, we admonish DCS for marketing PDTs that were not labeled in accordance with Section 2.925(a)(1) of the Rules, in violation of Section 302(a) of the Act and Section 2.803(a) of the of the Rules. iV. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, DCS, IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for marketing PDTs that were not labeled in accordance with Sections 2.909(d) and 15.19(a)(3) of the Rules, in willful and repeated violation of Section 302(a) of the Act and Section 2.803(a) of the Rules. IT IS
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NOVA possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jeffrey E. Rummel, Esq., Counsel for NOVA Chemicals
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- As a Commission licensee, Mathews Readymix is charged with the responsibility for knowing and complying with the terms of its authorizations, the Act and the Rules, including the requirement to timely renew the authorizations and maintain operating authority for its PLMRS station. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the rules, Mathews Readymix LLC IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand, two hundred dollars ($6,200) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
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- In the absence of material new evidence relating to these matters, we conclude that our investigations raise no substantial or material questions of fact as to whether CMDC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and sections 0.111 and 0.311 of Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Joan M. Griffin, Esq., Counsel for Comtech Mobile Datacom Corporation,
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- and entered Oct. 9, 2007) (``Mello Plea Agreement''); United States v. Joseph E. Mello, 3:07-CR-00224 (RNC-1), Judgment (D.Conn. filed June 26, 2008 and entered June 30, 2008) (``Mello Judgment''). See also United States v. Joseph E. Mello, Criminal Docket No. 3:07-CR-00224 (RNC-1), Information (D. Conn. filed and entered Oct. 9, 2007) (``Mello Information''). 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- is $7,000. CoachComm marketed unauthorized radio frequency equipment. Specifically, CoachComm marketed one system that included the same RF transmitter in both the wireless headsets and command stations. For the apparent marketing of this unauthorized device, CoachComm is apparently liable in the amount of $7,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, CoachComm, LLC IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for the willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Sling possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Sling before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that a copy of
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Wavetrend possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jeffrey L. Sheldon, Esq., Counsel for Wavetrend Technologies,
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ViewSonic possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Mr. James Chu, CEO, ViewSonic Corporation, 381 Brea
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- Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Kissi. Despite evidence that Kissi received the NAL, Kissi has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Alexander Kissi IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301of the Act. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Alexander Kissi at his address of
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- Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Louis. Despite evidence that Louis received the NAL, Louis has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Yvon Louis IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301of the Act. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Yvon Louis at his address of
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TTE possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for TTE, Larry R. Sidman, Esq., Paul,
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- World willfully and repeatedly violated Section 73.3526 of the Rules by failing to maintain and make available a public inspection file. However, we reduce the forfeiture for this violation to $1,000, based on New World's demonstrated inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, New World, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for violation of Section 73.3526 of the Rules. with any questions regarding payment procedures. New World will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. IT IS FURTHER ORDERED that a
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- Bureau (``Dallas Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Mr. Aulabaugh. Mr. Aulabaugh has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Mark V. Aulabaugh IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for violation of Section 73.3526 of the Rules. with any questions regarding payment procedures. Mr. Aulabaugh will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of
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- critical means of reaching them. The imminent nature of the DTV transition and its potential impact on unaware consumers further increases the importance of each and every educational opportunity. IV. ordering clauses ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Qwest IS LIABLE FOR A MONETARY FORFEITURE in the amount of fifty-one thousand dollars ($51,000) for willfully and repeatedly violating Section 54.418(a) of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's rules, within thirty (30) days of the release date of this Notice of Apparent Liability for
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- with past Commission orders. We, therefore, see no reason to reduce the forfeiture amount proposed in the NAL and find that the Station is liable for a forfeiture amount of $25,000. ordering clauses ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, that Channel 51 of San Diego, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willful or repeated violations of section 713 of the Act, 47 U.S.C. § 713, and section 79.2(b)(1)(i) of the Commission's rules, 47 C.F.R. § 79.2(b)(1)(i), as described in the paragraphs above. Payment
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Champion possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above captioned matter IS TERMINATED. IT IS FURTHER ORDERED that Champion Cable, LLC, shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order of the
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- unsolicited advertisement to the consumer identified in the Appendix. We have further determined that American Medical Services is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that American Medical Services is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- registered his telephone number on the National Do-Not-Call registry. We have further determined that Timeshare Register is apparently liable for a forfeiture in the amount of $10,000. 11. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Timeshare Register is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000 for willful or repeated violations of section 64.1200(c)(2) of the Commission's rules, 47 C.F.R. § 64.1200(c)(2), and the related orders described in the paragraphs above. 12. IT IS FURTHER ORDERED THAT,
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- advertisements to the three consumers identified in the Appendix. We have further determined that Clean Credit, Inc. is apparently liable for a forfeiture in the amount of $13,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Clean Credit, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $13,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- advertisement to the one consumer identified in the Appendix. We have further determined that Cost Crunch, Inc. is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Cost Crunch, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- advertisement to the consumer identified in the Appendix. We have further determined that Guardian Steel Buildings, Inc. is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Guardian Steel Buildings, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related
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- one unsolicited advertisement to the consumer identified in the Appendix. We have further determined that Universal Roofing is apparently liable for a forfeiture in the amount of $4,500.00. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Universal Roofing is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500.00 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders described
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether QueenB possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against QueenB before the Enforcement Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that a copy
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- rule violation. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $8,000 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Lazer Licenses, LLC, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating Section 73.3526 of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt
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- from the license's expiration date. In addition, we propose a $1,500 forfeiture for Richmond's failure to file the renewal application for station WPOG498 within the time period specified in Section 1.949(a) of the Rules. Thus, we propose an aggregate forfeiture of $6,500. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Richmond Association IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand, five hundred dollars ($6,500) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,
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- extension requested two days after the response deadline passed. Misconduct of this type exhibits a disregard for the Commission's authority and hinders our investigative processes. We warn the Licensee that similar conduct in the future may result in sanctions. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, that Rejoynetwork, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,000 for violating Section 73.1206 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release date of this NAL, Rejoynetwork, LLC,
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- the Enforcement Bureau (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $16,000 to Rama. Rama has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Rama Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $16,000 for violations of Sections 11.35(a) and 73.3526 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- each Licensee's ability to pay. Having considered the record in this case and the statutory factors identified above, we find that WXDJ Licensing and WSKQ Licensing are each apparently liable for a forfeiture in the amount of $16,000. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, that WXDJ Licensing, Inc. and WSKQ Licensing, Inc. are each hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of $16,000 each for violating Section 73.1206 of the Commission's rules. 11. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of
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- this decision and must proceed with its proposed refund plan within sixty (60) days of such submission, provided the Enforcement Bureau approves Cox's proposed refund plan within thirty (30) days of Cox's submission. IV. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Commissions Rules, Cox Communications, Inc. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful violation of Sections 76.1201, 76.640(b)(1)(i) and 76.640(b)(1)(v) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this Notice
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- release of this decision and must proceed with its proposed refund plan within sixty (60) days of such submission provided the Enforcement Bureau approves TWC's proposed refund plan within thirty (30) days of TWC's submission. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, Oceanic Time Warner Cable, a division of Time Warner Cable, Inc. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful violation of Sections 76.1201, 76.640(b)(1)(i) and 76.640(b)(1)(v) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty
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- release of this decision and must proceed with its proposed refund plan within sixty (60) days of such submission provided the Enforcement Bureau approves TWC's proposed refund plan within thirty (30) days of TWC's submission. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, Oceanic Time Warner Cable, a division of Time Warner Cable, Inc. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful violation of Sections 76.1201, 76.640(b)(1)(i) and 76.640(b)(1)(v) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty
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- statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $1,600 is warranted, based on BK's history of compliance with the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, BK Towers, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand six hundred dollars ($1,600) for violation of Section 17.47(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- one unsolicited advertisement to the consumer identified in the Appendix. We have further determined that RMG Communications is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that RMG Communications is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders described
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- and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $12,800 is warranted, based on Viva's remedial efforts prior to the agent's inspection. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Viva Communications Group, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,800 for willfully and repeatedly violating Sections 11.35(a), 73.1560(a), 73.1745(a), and 73.3526(e)(12) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- we conclude that our investigations raise no substantial or material questions of fact as to whether Beasley possesses the basic qualifications including, but not limited to, those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-described investigations ARE TERMINATED and the referenced Notice of Apparent Liability IS CANCELLED. IT IS FURTHER ORDERED that the third-party complaints against Station WQAM(AM) and WRXK-FM, and the informal objections against the renewal application for Station WQAM(AM) before the
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- each of these devices is a separate continuing violation. Accordingly, we find that a total proposed forfeiture in the amount of $14,000 is warranted for the marketing of unauthorized devices in violation of Section 302(b) of the Act and Section 2.803(a) of the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, XLNT Idea IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release
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- unsolicited advertisement to the consumer identified in the Appendix. We have further determined that Western Aviation, Inc. is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Western Aviation, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- Commission take into account the nature, circumstances, extent and gravity of the violation and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, that the Notice of Apparent Liability for Forfeiture issued to John Doe for violation of Section 301 of the Act IS HEREBY CANCELLED. IT IS FURTHER ORDERED that John Doe IS ADMONISHED for his violation of Section 301 of the Act. IT IS FURTHER ORDERED that a copy of this Order shall be
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- that Star Power willfully and repeatedly violated Sections 11.35(a) and 73.3526 of the Rules. However, we reduce the forfeiture for these violations to $1,500 based on Star Power's history of compliance with the Rules and documented inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Star Power Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violation of Sections 11.35 and 73.3526 of the Rules. IT IS FURTHER ORDERED that, the forfeiture in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules
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- for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, it is hereby ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 208, and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that NewSouth's Complaint against BellSouth in the above-captioned proceeding IS DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau As a result of transactions consummated in 2004, NewSouth is now NuVox Communications, Inc. Notice and Joint Stipulation of Dismissal of Claims, File
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- foregoing facts, we are satisfied that the parties have shown good cause for granting their joint request to dismiss the complaint. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Joint Motion to Dismiss Formal Complaint with Prejudice IS GRANTED. 10. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 1.1401-1.1418, and the authority
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- including those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the enforcement proceeding. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 503(b) of the Act, and the authority delegated by Sections 0.111 and 0.311 of Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned enforcement proceeding IS TERMINATED. IT IS FURTHER ORDERED that CLP shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at (202) 418-1995,
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- factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $6,400 is warranted, based on Black Crow's history of compliance with the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Black Crow Radio, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand four hundred dollars ($6,400) for violation of Sections 73.44(a) and 73.49 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by adopting the Consent Decree, which terminates the investigation and cancels the NAL. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned proceeding is TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Alltel Communications, LLC d/b/a
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- the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $1,500 is warranted, based on Mr. Allred's documented inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Dale Lloyd Allred IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violations of Sections 301 and 333 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- Ms. Bina is unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at Vickie.Robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Calvin B. Kurimai, Esq., Assistant United States Attorney Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) See 47 C.F.R. §§ 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Joseph Mello, Notice of Suspension and Initiation of Debarment Proceedings, DA 08-2041 (Inv. & Hearings Div., Enf. Bur., rel. Sept. 4, 2008) (Attachment 1). 73 Fed. Reg. 53868 (Sept. 17, 2008). See Notice of Suspension, 73 Fed. Reg. at 53869-70. See 47
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- the private resolution of disputes and eliminating the need for further litigation and the expenditure of additional time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.1401-1.1418, that the Motion is GRANTED, and that this proceeding is TERMINATED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau From: Fujimoto, Shirley [mailto:sfujimoto@mwe.com] Sent: Thursday, November 13, 2008 9:45 PM To: Lia Royle Cc: Thomas, John D.; Lisa Saks;
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- review, we conclude that Susainathan willfully and repeatedly violated Sections 1.903(a) and 1.947(a) of the Rules. Considering the entire record and the factors listed above, we find that no reduction of the proposed $12,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Richard Susainathan, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,000 for willfully and repeatedly violating Sections 1.903(a) and 1.947(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Honeywell possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Donna A. Balaguer, Esq., Fish & Richardson P.C., 1425
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- Statement. As a result of our review, we conclude that Perihelion willfully and repeatedly violated Sections 73.49, 73.1125(a) and 73.1201(a)(2) of the Rules. We find no basis for cancellation or reduction of the $15,000 forfeiture proposed for these violations. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Perihelion Global, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Sections 73.49, 73.1125(a) and 73.1201(a)(2) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- Inc. willfully and repeatedly violated Sections 11.35 and 73.3526 of the Rules. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $7,000 is appropriate based on Broadcasters, Inc.'s demonstrated inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, West Helena Broadcasters, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Sections 11.35 and 73.3526 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- as required by Section 503(b)(2)(D) of the Act, the Forfeiture Policy Statement, and Section 1.80, we conclude that Courier is apparently liable for a forfeiture in the amount of $ 4,000 for violating Section 73.1206 of the Commission's rules. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules Courier Communications Corp. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for willfully violating Section 73.1206 of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty (30) days of the release of this Notice, Courier Communications Corp. SHALL
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- for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, it is hereby ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 208, and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that APCC's Complaint against Next-G in the above-captioned proceeding IS DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Formal Complaint, File No. EB-08-MD-006 (filed Aug. 12, 2008) (``Complaint''). 47 U.S.C § 208. See Letter from Ted A. Cox, counsel for Next-G,
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- the Enforcement Bureau (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $25,000 to Rama. Rama has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Rama Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $25,000 for violations of Sections 17.50, 73.49, 73.1745(a) and 73.3526 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- without the required consumer disclosure is not as significant a violation as marketing an unauthorized or technically non-compliant device, we find that a downward adjustment from the base forfeiture amount to $4,000, an amount commensurate with the forfeiture imposed in similar cases, is warranted. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Multi-Tech Systems, Inc. IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for marketing a radio frequency device without including in the user manual the required consumer disclosure in willful and repeated violation of Section 302(a) of the Act and Sections 2.803(a)(2) and 15.105(a) of the
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- conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that OMI repeatedly violated Section 17.47(a) of the Rules. We find no basis for cancellation or reduction of the $2,000 forfeiture proposed for this violation. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ozark Media, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for violation of Section 17.47(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- Policy Statement. As a result of our review, we conclude that IBC willfully and repeatedly violated Sections 17.50 and 17.57 of the Rules. We find no basis for cancellation or reduction of the $13,000 forfeiture proposed for these violations. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, International Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violation of Sections 17.50 and 17.57 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in sections 0.111, 0.311, of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Motion is GRANTED and the Complaint is DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Formal Complaint of Verizon, File No. EB-08-MD-004 (filed July 25, 2008) (``Complaint''). 47 U.S.C. §§ 201, 203; 47 C.F.R. § 61.26. Letter from Rashann R.
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- is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by adopting the Consent Decree, which terminates the investigation. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Startec Global Operating Company ) ) ) ) ) File No. EB-08-TC-2396 NAL/Acct. No.
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether AT&T possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that AT&T shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a
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- least one unsolicited advertisement to the consumer identified in the Appendix. We have further determined that Rentex is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Rentex is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders described in
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Redflex possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Redflex before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that a copy of
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Daystar possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaint against Daystar before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree IS DISMISSED. 8. IT IS FURTHER ORDERED that
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- basis of inability to pay would be appropriate. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, that the Petition for Reconsideration filed by Rama Communications, Inc. IS DENIED. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Rama Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of sixteen thousand dollars ($16,000) for violation of Sections 11.35(a) and 73.3526 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Western Slope possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above captioned matter IS TERMINATED. IT IS FURTHER ORDERED that Western Slope Communications, LLC, shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order of
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- refers to your February 13, 2007 guilty plea and subsequent conviction of mail fraud. United States v. Thomas J. Kennedy III, Criminal Docket No. 3:07-CR-186 (RNC), Plea Agreement (D. Conn. filed Aug. 24, 2007 and entered Aug. 27, 2007) (``Kennedy Plea Agreement''), Judgment (D. Conn. filed and entered Jan. 24, 2008) (``Kennedy Judgment''). 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- of detecting single light outages. In this regard, it was Forever's ``omission'' that resulted in its willful operation of a monitoring system that could not detect single light outages, in violation of Section 17.47 of the Commission's Rules. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Forever of PA, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Sections 17.47, 17.48, and 17.51(a) of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by First Class Mail and Certified Mail
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- number on the National Do-Not-Call registry. We have further determined that AZ Prime One Mortgage Corporation is apparently liable for a forfeiture in the amount of $10,000.00. 11. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that AZ Prime One Mortgage Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000.00 for willful or repeated violations of section 64.1200(c)(2) of the Commission's rules, 47 C.F.R. § 64.1200(c)(2), and the related orders described in the paragraphs above. 12. IT IS
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- advertisements to the consumer identified in the Appendix. We have further determined that Business Payment Systems, LLC is apparently liable for a forfeiture in the amount of $24,500.00. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Business Payment Systems, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $24,500.00 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related
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- review, we conclude that AMERI-KING willfully and repeatedly violated Section 301 of the Act. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture from $10,000 to $8,000 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, AMERI-KING Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating Section 301 of the Act. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to
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- review, we conclude that Compatible willfully and repeatedly violated Section 301 of the Act. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture from $10,000 to $8,000 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Compatible Electronics, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating Section 301 of the Act. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested
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- ten thousand dollars ($10,000), for the apparent willful and repeated violation of Section 301 of the Act. The Tampa Office has since learned that Mr. Gaye passed away. Because Mr. Gaye is no longer living, we cancel the NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, the Notice of Apparent Liability for Forfeiture issued to Henry Gaye IS HEREBY CANCELED. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 47 U.S.C. § 301. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832700006 (Enf. Bur., Tampa Office, January 9, 2008) (``NAL''). 47 U.S.C. § 503(b); 47
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- or cancellation of the proposed forfeiture is warranted. Accordingly, we find that Five Star willfully and repeatedly violated Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules and that a forfeiture in the amount of $6,500 is appropriate. IV. ORDERING Clauses 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Five Star Parking d/b/a Five Star Taxi Dispatch IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand five hundred dollars ($6,500) for willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. with any questions regarding payment procedures. The response, if any, must
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- failing to provide a written response to the Commission in response to two (2) informal complaints. Accordingly, a proposed forfeiture is warranted against Blue Casa for this apparent willful or repeated violation. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, BLUE CASA COMMUNICATIONS, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully or repeatedly failing to respond to two (2) informal complaints served by CGB in violation of section 1.717 of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
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- failing to provide a written response to the Commission in response to one (1) informal complaint. Accordingly, a proposed forfeiture is warranted against Sprint Nextel for this apparent willful or repeated violation. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, SPRINT NEXTEL CORPORATION IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond to one (1) informal complaints served by CGB in violation of section 1.717 of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules,
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- failing to provide a written response to the Commission in response to two (2) informal complaints. Accordingly, a proposed forfeiture is warranted against Amp'd Mobile for this apparent willful or repeated violation. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, AMP'D MOBILE, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully or repeatedly failing to respond to two (2) informal complaints served by CGB in violation of section 1.717 of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules,
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- failing to provide a written response to the Commission in response to one (1) informal complaint. Accordingly, a proposed forfeiture is warranted against Link Systems for this apparent willful or repeated violation. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, LINK SYSTEMS, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond to one (1) informal complaint served by CGB in violation of section 1.717 of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules,
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- by failing to provide a written response to the Commission in response to two (2) informal complaints. Accordingly, a proposed forfeiture is warranted against Cricket for this apparent willful or repeated violation. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, CRICKET COMMUNICATIONS, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully or repeatedly failing to respond to two (2) informal complaints served by CGB in violation of section 1.717 of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules,
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- failing to provide a written response to the Commission in response to one (1) informal complaint. Accordingly, a proposed forfeiture is warranted against Cooperative Communications for this apparent willful or repeated violation. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, COOPERATIVE COMMUNICATIONS, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond to one (1) informal complaint served by CGB in violation of section 1.717 of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules,
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- provide a written response to the Commission in response to two (2) informal complaints. Accordingly, a proposed forfeiture is warranted against Reduced Rate Long Distance for this apparent willful or repeated violation. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, REDUCED RATE LONG DISTANCE, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully or repeatedly failing to respond to two (2) informal complaints served by CGB in violation of section 1.717 of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the
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- failing to provide a written response to the Commission in response to one (1) informal complaint. Accordingly, a proposed forfeiture is warranted against Total Call for this apparent willful or repeated violation. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, TOTAL CALL INTERNATIONAL, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond to one (1) informal complaint served by CGB in violation of section 1.717 of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
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- Commission rule by failing to provide written responses to the Commission in response to six informal complaints. Accordingly, a proposed forfeiture is warranted against Defendant for this apparent willful or repeated violation. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, West Star IS LIABLE FOR A MONETARY FORFEITURE in the amount of $24,000.00 for willfully or repeatedly failing to respond to six informal complaints served by the Commission, in violation of section 1.717 of the Commission's rules and Commission letter orders. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules,
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- Commission rule by failing to provide written responses to the Commission in response to the informal complaint. Accordingly, a proposed forfeiture is warranted against Defendant for this apparent willful or repeated violation. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, WorldOne IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000.00 for willfully or repeatedly failing to respond to an informal complaint served by the Commission, in violation of section 1.717 of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within thirty days of the
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- Commission rule by failing to provide written responses to the Commission in response to the informal complaint. Accordingly, a proposed forfeiture is warranted against Defendant for this apparent willful or repeated violation. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, ITEG IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000.00 for willfully or repeatedly failing to respond to an informal complaint served by the Commission, in violation of section 1.717 of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within thirty days of the
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- by failing to provide written responses to the Commission in response to four (4) informal complaints. Accordingly, a proposed forfeiture is warranted against Alltel Wireless for this apparent willful or repeated violation. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, ALLTELL WIRELESS IS LIABLE FOR A MONETARY FORFEITURE in the amount of sixteen thousand dollars ($16,000) for willfully or repeatedly failing to respond to four (4) informal complaints served by CGB in violation of section 1.717 of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within
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- rule by failing to provide written responses to the Commission in response to twenty-four (24) informal complaints. Accordingly, a proposed forfeiture is warranted against AT&T for this apparent willful or repeated violation. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, AT&T, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $96,000 for willfully or repeatedly failing to respond to twenty-four (24) informal complaints served by the Bureau in violation of section 1.717 of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within thirty days
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- pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $10,000 is warranted, based on demonstrated inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Pittman Broadcasting Services, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Sections 17.51(a) and 73.1745 of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail
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- violation: he had a CB station in his home and he refused to allow the agent to inspect his station. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to section 1.115(g) of the Commission's Rules, that the Petition for Reconsideration filed by Donald Winton IS DISMISSED. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Donald Winton IS LIABLE FOR A MONETARY FORFEITURE in the amount of two hundred and twenty-five dollars ($225) for violation of Section 95.426(a) of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that this Order shall be sent by regular mail and by certified mail, return receipt requested, to Donald
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Long Pond possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the ``Complaint'' received on or about December 13, 2005, alleging violation of the Underwriting Laws by Long Pond, IS DISMISSED. IT IS FURTHER ORDERED that the investigation by the Enforcement Bureau IS TERMINATED. IT IS FURTHER ORDERED that Long Pond shall make its
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- proceeding. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the enforcement proceeding. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 503(b) of the Act, and the authority delegated by Sections 0.111 and 0.311 of Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned enforcement proceeding IS TERMINATED. IT IS FURTHER ORDERED that the Estate shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order of the
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- our review of Manning's Response and the record, we find that Manning did not willfully and repeatedly violate a Commission order by failing to respond to a directive of the Bureau. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of four thousand dollars ($4,000) issued to Manning Municipal Communications and Television System Utilities, in the March 30, 2007, Notice of Apparent Liability for Forfeiture for willful and repeated violations of a Commission order IS CANCELLED. IT IS FURTHER ORDERED that a copy of this
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- will cause the Commission to incur costs, with no reasonable hope of recovery. However, we emphasize that our decision to rescind the proposed forfeiture in no way exonerates Habla for its apparent violation of a Commission order. 4. Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. § 503(b) of the Communications Act of 1934, as Amended (``Act''), and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, the proposed forfeiture in the amount if four thousand dollars ($4,000) issued to Habla Communicaciones, Inc. in the March 30, 2007 Notice of Apparent Liability for Forfeiture for willful and repeated violation of a Commission directive IS CANCELED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by
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- and repeatedly violated Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $7,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, David P. Pace Jr. d/b/a/ Pacetronics / Pace Marketing and 4:13 Electronics / Pacetronics IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a
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- revenues are the best indicator of its ability to pay a forfeiture. After examining the financial documentation submitted by Mexicana, we conclude that a reduction in the forfeiture to $2,000 is warranted based on its demonstrated inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Mexicana Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for violation of Section 1.903(a) of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested to
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- complying with the terms of its authorization, the Act, and the rules, including the requirement to timely renew the authorization for its PLMRS station. Under the circumstances, and consistent with precedent, we find that no reduction of the proposed forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the rules, Miller IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand five hundred dollars ($6,500) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the rules, within
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- statute of limitations for proposing a forfeiture for these violations is one year from the date of violations and has expired. Accordingly, we will not propose a forfeiture for marketing these models. We find, however, that an admonishment is warranted for these violations. iV. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, DBK Concepts, Inc., IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for marketing two PDT models that were improperly labeled and one PDT model that was both unauthorized and improperly labeled, in willful and repeated violation of Section 302(a) of the Act and Section 2.803(a)
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- to $4,200. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $4,200 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Brahmin Broadcasting Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,200 for repeatedly violating Section 73.49 of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Brahmin
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- our review, we conclude that Metro West willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $3,200 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Metro West Ambulance IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for willfully and repeatedly violating Section 1.903(a) of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested
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- of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 1.1401-1.1418, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Lisa B. Griffin Deputy Chief Market Disputes Resolution Division Enforcement Bureau . Joint Notice of Settlement and Motion to Dismiss, File No. EB-05-MD-030 (filed Dec. 17, 2007) (``Motion''). Federal Communications
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- by $3,8000. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $15,200 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Pembrook Pines Elmira, LTD, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $15,200 for willfully and repeatedly violating Sections 17.48(a), 17.51(a), and 73.1745(a) of the Commission's Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and
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- the financial documentation submitted by Mondgock, we decline to cancel the forfeiture, but find that a reduction in the forfeiture to $4,300 is warranted based on Mondgock's demonstrated inability to pay the full forfeiture amount proposed in the NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ronald Mondgock IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand three hundred dollars ($4,300) for violation of Section 301 of the Act. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt
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- Ms. Lee is unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Aaron M. Danzig, Esq., Assistant United States Attorney See 47 C.F.R. §§ 0.111(a)(14), 54.521. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mrs. Evelyn Myers Scott, Notice of Suspension and Initiation of Debarment Proceedings, 22 FCC Rcd 18613 (Inv. & Hearings Div., Enf. Bur. 2007) (Attachment 1). 72 Fed. Reg. 62477 (November 5, 2007). See Notice of Suspension, 22 FCC Rcd at 18614-15. See 47
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- statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $6,400 is warranted, based on its history of compliance with the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Hispanic-Multicultural Broadcasting Association IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand four hundred dollars ($6,400) for violation of Section 11.35(a) of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return
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- support mechanism for three years from the date of debarment. The Bureau may, if necessary to protect the public interest, extend the debarment period. . . Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Aaron M. Danzig, Esq., Assistant United States Attorney See 47 C.F.R. §§ 0.111(a)(14), 54.521. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Arthur R. Scott, Notice of Suspension and Initiation of Debarment Proceedings, 22 FCC Rcd 18617 (Inv. & Hearings Div., Enf. Bur. 2007) (Attachment 1). 72 Fed. Reg. 62647 (November 6, 2007). See Notice of Suspension, 22 FCC Rcd at 18618-19. See 47
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- database as the tower's registered owner. Accordingly, we conclude that the NAL issued to Pinnacle must be cancelled and a Notice of Apparent Liability for Forfeiture in the amount of $3,000 is being issued on this date to Holmes. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the Notice of Apparent Liability for Forfeiture issued to Pinnacle Towers LLC IS HEREBY CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Pinnacle Towers LLC at its address of record and to counsel for Pinnacle Towers LLC at
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- such an application. Moreover, even if Campbell had provided such evidence, the mere filing of an application would not have provided Campbell any authority to operate a radio station. Accordingly, based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Michael Stone Campbell, a/k/a Monroe Campbell, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail
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- Commission's Rules. We have reviewed our records and note no other violations against the Licensee. Under similar circumstances, we have reduced proposed forfeitures, and find that doing so in this case is appropriate. Consequently, we reduce WMGO's forfeiture amount from $8,000 to $6,400. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, WMGO Broadcasting Corp., Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,400 for willful violation of Section 73.1206 of the Commission's Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent, by First Class Mail and Certified Mail Return
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- Commission rule by failing to provide written responses to the Commission in response to three informal complaints. Accordingly, a proposed forfeiture is warranted against Defendant for this apparent willful or repeated violation. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, Telefyne Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,000.00 for willfully or repeatedly failing to respond to three informal complaints served by the Commission, in violation of section 1.717 of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within thirty days of
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- Commission rule by failing to provide written responses to the Commission in response to the informal complaints. Accordingly, a proposed forfeiture is warranted against Defendant for this apparent willful or repeated violation. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, Global Network Communication West, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000.00 for willfully or repeatedly failing to respond to two informal complaints served by the Commission, in violation of section 1.717 of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether SRIPRB possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the ``Complaint'' dated November 23, 2004, and supplemented February 25, 2005, alleging violation of the Underwriting Laws by SRIPRB, IS DISMISSED. IT IS FURTHER ORDERED that the investigation by the Enforcement Bureau IS TERMINATED. IT IS FURTHER ORDERED that SRIPRB shall make its
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- relating to these matters, we conclude that our investigations raise no substantial or material questions of fact as to whether Pine possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED and the Notice of Apparent Liability for Forfeiture in File No. EB-07-SE-141 IS CANCELLED. IT IS FURTHER ORDERED that Pine shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree,
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- advertisement to the one consumer identified in the Appendix. We have further determined that Alliance Capital Corporation is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Alliance Capital Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- Watkins does not dispute this finding in response to the NAL. We therefore find that Watkins willfully violated Section 303(n) of the Act by failing to allow an inspection of the radio station equipment located in his apartment. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Craig Watkins, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully and repeatedly violating Sections 301 and 303(n) of the Act. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt
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- Such action could take the form of higher monetary forfeitures and/or possible revocation of COI's operating authority, including disqualification of COI's principals from the provision of any interstate common carrier services without the prior consent of the Commission. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Commission's rules, that Communications Options, Inc. SHALL FORFEIT to the United States government the sum of $65,000 for willfully and repeatedly violating the Commission's rules and a Commission order issued pursuant to the Act. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order will be sent by certified
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- unsolicited advertisements to the three consumers identified in the Appendix. We have further determined that SOS Marketing is apparently liable for a forfeiture in the amount of $13,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that SOS Marketing is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $13,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders described
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- related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigatory proceeding IS TERMINATED. IT IS FURTHER ORDERED that Caprock Cellular Limited Partnership shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order
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- Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, International Broadcasting Corporation's petition for reconsideration of the January 9, 2008 Forfeiture Order IS hereby DENIED IN PART and GRANTED IN PART. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, International Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand four hundred dollars ($10,400) for violation of Sections 17.50 and 17.57 of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that this Order shall be sent by regular mail and by certified mail, return receipt
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- the amount of $13,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, the Petition for Reconsideration filed on January 22, 2007, by Communications Relay Corporation, IS DENIED. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's Rules, Communications Relay Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $13,000 for violating Section 303(q) of the Act, and Sections 17.23, 17.47, 17.48, 17.49 and 17.57 of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
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- advertisement to the one consumer identified in the Appendix. We have further determined that Cost Crunch Corporation is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Cost Crunch, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- and repeatedly violated Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $7,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, CB Shop & More, LLLP, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
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- of this Order how it achieved compliance with Section 1.903(a) of the Rules for station WGW926. Carlsbad Radio's report must be submitted in the form of an affidavit signed by an officer or director of Carlsbad Radio. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Carlsbad Radio, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for willfully and repeatedly violating Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules. IT IS FURTHER ORDERED, pursuant to Section 403 of the Act, that Carlsbad Radio, Inc., must submit the report described in paragraph 12, above, within no
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- conclude that Bravo Mic willfully and repeatedly violated Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $2,400 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Bravo Mic Communications, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,400 for willfully and repeatedly violating Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified
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- 17.47(a), and 17.48 of the Rules, for all three of the towers in its array in Waterford, California. Threshold's report must be submitted in the form of an affidavit signed by an officer or director of Threshold. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Threshold Communications, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating Section 303(q) of the Act, and Sections 17.51(a), 17.47(a) and 17.48 of the Rules. IT IS FURTHER ORDERED, pursuant to Section 403 of the Act, that Threshold Communications, must submit the report described in paragraph
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- repeatedly violated Section 301 of the Act, based upon his inability to pay, we conclude that pursuant to Section 503(b) of the Act and the Forfeiture Policy Statement, reduction of the $10,000 forfeiture to $100 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Dwayne Simon, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $100 for willfully and repeatedly violating Section 301 of the Act. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to
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- unsolicited advertisement to the one consumer identified in the Appendix. We have further determined that Amerilist, Inc. is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Amerilist, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders described
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- to the two consumers identified in the Appendix. We have further determined that Copier Search International, Inc. is apparently liable for a forfeiture in the amount of $9,000.00. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Copier Search International, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000.00 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related
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- advertisements to the two consumers identified in the Appendix. We have further determined that DD&S Companies, Inc. is apparently liable for a forfeiture in the amount of $9,000.00. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that DD&S Companies, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000.00 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- to these matters, we conclude that no substantial or material questions of fact exist with respect to this matter as to whether T-Mobile possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that T-Mobile shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order of the
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- which was not available to the Los Angeles Office at the time of the NAL, we find that NSTN did not operate WPME695 in violation of Section 1.903(a) of the Rules. Consequently, we cancel this proposed forfeiture. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, that the proposed forfeiture in the amount of four thousand dollars ($4,000) issued to National Science Technology Network, in the June 19, 2007, Notice of Apparent Liability for repeated violations of Section 1.903(a) of the Rules IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
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- of those two stations. Therefore, we conclude that cancellation of the forfeiture is warranted. Nevertheless, we find that it is appropriate to admonish Action Radio for its willful and repeated violation of Section 11.35(a) of the Rules. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, that the proposed forfeiture in the amount of eight thousand dollars ($8,000) issued to Action Radio, LLC, in the August 14, 2007, Notice of Apparent Liability for willful and repeated violations of Section 11.35 of the Rules IS CANCELLED. IT IS FURTHER ORDERED that Action Radio, LLC, IS ADMONISHED for its willful and
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- review, we conclude that JMK willfully and repeatedly violated Section 73.44(b) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $4,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, JMK Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 73.44(b) of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested
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- statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $3,200 is warranted, based on its history of compliance with the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Traffic Control Products of Florida Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand two hundred dollars ($3,200) for violation of Section 90.403(a)(2) of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and
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- including those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the enforcement proceeding. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 503(b) of the Act, and the authority delegated by Sections 0.111 and 0.311 of Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned enforcement proceeding IS TERMINATED. IT IS FURTHER ORDERED that Lockheed Martin Corporation shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order of
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- Field Office, Antitrust Division, Department of Justice Any further reference in this letter to ``your conviction'' refers to your conviction of seven counts of wire fraud. United States v. Rafael Gongora Adame, Criminal Docket No. 7:06-CR-1082, CRIMINAL NO. M-06-1082, Judgment (S.D. Tex. filed Mar. 3, 2008 and entered Mar. 11, 2008) (``Adame Judgment''). 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- the Commission that complies with sections 1.721(e) and 1.722(h) of the Commission's rules within sixty (60) days from the release of this order. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j), 201, 202 and 208 of the Communications Act of 1934 as amended, 47 U.S.C. §§ 154(j), 201, 202, 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the above-captioned formal complaint IS GRANTED to the extent set forth herein. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, that Sprint Communications Company, L.P.'s Motion to Dismiss filed on
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Mid-Rivers Cellular possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that Mid-Rivers Cellular shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit
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- pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $1,500 is warranted, based on demonstrated inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Roubens Maignan IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violation of Section 301 of the Act. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt
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- advertisements to the four consumers identified in the Appendix. We have further determined that Meridian Marketing Group is apparently liable for a forfeiture in the amount of $18,000. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Meridian Marketing Group is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $18,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- advertisements to the consumer identified in the Appendix. We have further determined that Response Card Marketing, Inc. is apparently liable for a forfeiture in the amount of $9,000. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Response Card Marketing, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Philips possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Philips before the Bureau related to the above-captioned-investigations as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that Philips shall make its
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Panasonic possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Panasonic before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that Panasonic shall make its
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether LGE possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against LGE before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that LGE shall make its
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether SANYO possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against SANYO before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that SANYO shall make its
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Vizio possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Vizio before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that Vizio shall make
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Audiovox possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Audiovox before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that Audiovox shall make its
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Westinghouse Digital Electronics possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Westinghouse Digital Electronics before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that Westinghouse
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- the downward adjustment to be appropriate based on Dakota Central's voluntary disclosures of the violations to Commission staff prior to any Commission inquiry or initiation of enforcement action, and because, outside of the subject violations, Dakota Central has a prior history of compliance. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Dakota Central Telecommunications Cooperative IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willfully and repeatedly violating Section 301 of the Act and Section 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of
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- of section 227 of the Act and the Commission's related rules and orders as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. §503(b) and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under the authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Alliance Capital Corporation IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $4,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders as described
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- section 227 of the Act and the Commission's related rules and orders as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b) and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under the authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Aras Marketing, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $4,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders as described
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- section 227 of the Act and the Commission's related rules and orders as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b) and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under the authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Mario's Roofing IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $13,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders as described in
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- section 227 of the Act and the Commission's related rules and orders as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b) and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under the authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Tri-State Printer & Copier Supply Co., Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $9,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the
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- violation of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4),and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that ESpeed Mortgage Dot Com, LLC IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $13,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. §64.1200(a)(3), and the related orders as
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that New England Industrial Roofing IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $10,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders as
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Global QA Corp. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $4,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders as described
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Infasource.com IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $22,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders as described in the
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Edge possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that Edge shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Revenue and Receivables Operations Group at (202) 418-1995,
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Alaska DigiTel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that Alaska DigiTel shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order of
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Westchester possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that Westchester Services LLC shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order of
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- pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $1,500 is warranted, based on demonstrated inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Frank Rackley, Jr. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violation of Sections 73.1350(a) and 73.1745(a) of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ARINC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to James Barker, Latham & Watkins LLP, 556 11th
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether PTSI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Ron Strecker, Chief Executive Officer, Panhandle Telecommunication Systems, Inc.,
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- past compliance. We do find, however, that a downward adjustment of the proposed forfeiture from $8,000 to $6,400 is warranted because Corr undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Corr Wireless Communications LLC IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand four hundred dollars ($6,400) for the willful and repeated violation of Section 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Telenational possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Christopher J. Canfield, President, Telenational Communications, Inc., 5408
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Monster possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Monster before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that a copy of this
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- Based on the record before us, we conclude that our investigations raise no substantial or material questions of fact as to whether Windstream possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Michael D. Rhoda, Senior Vice President, Windstream Corporation,
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- purpose of the statutory provision. We therefore deny Counts XXII and XXIII of MAP's Complaint. ordering clauses Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that SBC Communications, Inc., Ameritech Corporation, Pacific Bell Communications, and Southwestern Bell Telephone Co. are hereby DISMISSED as parties, without prejudice. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Access 700 or Chevron possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Mr. Michael I. Gottdenker, Chairman and Chief Executive Officer,
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- the absence of material new evidence relating to this matter, we conclude that the Bureau's investigation raises no substantial or material questions of fact as to whether Supra possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Douglas D. Orvis II, Bingham McCutchen LLP, 2020
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- need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that CassTel's Motion to Dismiss IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alex Starr Chief, Market Disputes Resolution Division Enforcement Bureau 1 Formal Complaint, File No. EB-08-MD-010 (filed Nov. 7, 2008). CassTel filed an Amended Formal Complaint
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- you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at Vickie.Robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Glenn D. Baker, Assistant United States Attorney, Department of Justice (via e-mail) Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) See 47 C.F.R. §§ 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. R. Clay Harris, Notice of Suspension and Initiation of Debarment Proceedings, 24 FCC Rcd 2474 (Inv. & Hearings Div., Enf. Bur. 2009) (Attachment 1). 74 Fed. Reg. 11724 (Mar. 19, 2009). See Notice of Suspension, 24 FCC Rcd at 2474-75. See 47
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- Ms. Bina is unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at Vickie.Robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Beth Drake, Assistant United States Attorney (via e-mail) Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) See 47 C.F.R. §§ 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Ms. Cynthia K. Ayer, Notice of Suspension and Initiation of Debarment Proceedings, 24 FCC Rcd 2470 (Inv. & Hearings Div., Enf. Bur. 2009) (Attachment 1). 74 Fed. Reg. 11726-01 (Mar. 19, 2009). See Notice of Suspension, 24 FCC Rcd at 2470-71. See 47
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- the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we reduce the proposed forfeiture to $10,400, based on ERF Wireless' history of compliance with the rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, ERF Wireless, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand four hundred dollars ($10,400) for violations of Sections 17.51(b) and 17.57 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- We direct Orvac to file the required report within 30 days of the date of this Order with the District Director, Los Angeles Office. Failure to comply with this directive may result in additional sanctions against Orvac. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Orvac Electronics, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. IT IS FURTHER ORDERED, pursuant to Section 403 of the Act, that Orvac Electronics, Inc., must submit the report described in paragraph 14,
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. To the extent Cablevision associates itself with the arguments presented in a letter submitted by the National Cable Telecommunications Association that the Commission has violated the Paperwork Reduction Act by sending similar inquiries to 10 or more persons without first seeking notice and comment and approval by the Office of Management and Budget, we disagree The LOI
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- the Forfeiture Policy Statement. As a result of our review, we conclude that MBHD willfully and repeatedly violated Section 1.1310, Section 73.1350(a), and Section 73.3527(a) of the Rules and that the $25,000 forfeiture proposed in the NAL is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Minority Business & Housing Development, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of Section 1.1310, Section 73.1350(a), and Section 73.3527(a) of the Rules. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications
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- fees based on the diminished value of their service following the movement of linear programming to an SDV platform by $0.10 per month, per channel moved and reduce their rates on a going-forward basis accordingly. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, Oceanic Time Warner Cable, a division of Time Warner Cable, Inc., Oceanic Oahu Central Cable System IS LIABLE FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful violation of Sections 76.1201, 76.640(b)(1)(i) and 76.640(b)(1)(v) of the Rules. IT IS FURTHER ORDERED that, pursuant to sections 1, 4(i), 4(j), 601, and
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- fees based on the diminished value of their service following the movement of linear programming to an SDV platform by $0.10 per month, per channel moved and reduce their rates on a going-forward basis accordingly. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, Cox Communications, Inc., Fairfax County, Virginia Cable System IS LIABLE FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful violation of Sections 76.1201, 76.640(b)(1)(i) and 76.640(b)(1)(v) of the Rules. IT IS FURTHER ORDERED that, pursuant to sections 1, 4(i), 4(j), 601, and 629 of the Communications Act of 1934, as
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- fees based on the diminished value of their service following the movement of linear programming to an SDV platform by $0.10 per month, per channel moved and reduce their rates on a going-forward basis accordingly. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, Oceanic Time Warner Cable, a division of Time Warner Cable, Inc., Oceanic Kauai Cable System IS LIABLE FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful violation of Sections 76.1201, 76.640(b)(1)(i) and 76.640(b)(1)(v) of the Rules. IT IS FURTHER ORDERED that, pursuant to sections 1, 4(i), 4(j), 601, and 629
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- however, that a downward adjustment of the proposed forfeiture from $16,000 to $12,800 is warranted because Fox Television made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations but prior to any Commission inquiry or initiation of enforcement action. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Fox Television Stations, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand eight hundred dollars ($12,800) for willful and repeated violation of Section 301 of the Act and Section 25.102(a) of the Rules and for willful violation of Section 25.121(e) of the Rules. IT IS FURTHER
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-124A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-124A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-124A1.txt
- xst0\pnrstop6\pnrstart1\pnrrgb1\pnrrgb0\pnrrgb0\pnrrgb0\pnrrgb0\pnrrgb0\ pnrrgb0\pnrrgb0\pnrrgb0\pnrstop9\pnrstart2\pnrnfc0\pnrnfc0\pnrnfc0\pnrnf c0\pnrnfc0\pnrnfc0\pnrnfc0 \pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc13\pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc 0\pnrnfc0\pnrnfc0\pnrstop18\pnrstart3\pnrpnbr13\pnrpnbr0\pnrpnbr0\pnrpnb r0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnb r0\pnrpnbr0\pnrpnbr0\pnrpnbr0 \pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0 \pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0 \pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrstop36\rin0\lin0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0\afs24 \ltrch\fcs0 \b\fs24 Accordingly, IT IS ORDERED}{\rtlch\fcs1 \af0\afs24 \ltrch\fcs0 \fs24 , pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C .F.R. S: 0.111, 0.311, Comcast is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of Fifteen Thousand dollars ($15,000.00) for willful violation of Section 76.1603(b) of the Rules. \par {\pntext\pard\plain\ltrpar \rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22 \hich\af0\dbch\af0\loch\f0 14.\tab}}\pard \ltrpar\ql \fi720\li0\ri0\sb120\sa120\sl226\slmult1\widctlpar\jclisttab\tx1440\tx46 80\tx5760\wrapdefault{\*\pn \pnlvlbody\ilvl0\ls22\pnrnot0 \pndec\pnb0\pni0\pnfs22\pnstart1\pnindent720\pnsp120 {\pntxta .}}\faauto\ls22 \pnrdate651271304\pnrstart0\pnrxst2\pnrxst0\pnrxst0\pnrxst0\pnrxst46\pnr xst0\pnrstop6\pnrstart1\pnrrgb1\pnrrgb0\pnrrgb0\pnrrgb0\pnrrgb0\pnrrgb0\ pnrrgb0\pnrrgb0\pnrrgb0\pnrstop9\pnrstart2\pnrnfc0\pnrnfc0\pnrnfc0\pnrnf c0\pnrnfc0\pnrnfc0\pnrnfc0 \pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc14\pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc 0\pnrnfc0\pnrnfc0\pnrstop18\pnrstart3\pnrpnbr14\pnrpnbr0\pnrpnbr0\pnrpnb r0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnb
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1258A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1258A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1258A1.txt
- the fact that TSA's unauthorized operations spanned almost five years - from September 22, 2003 through October 1, 2008. Thus, we propose an aggregate forfeiture of $9,000 ($3,000 for failure to timely file renewal applications and $6,000 for unauthorized operation of an aviation station). ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Texas Soaring Association, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of nine thousand dollars ($9,000) for the willful and repeated violation of Section 301 of the Act and Section 1.903(a) of the Rules and the willful violation of Section 1.949(a) of the Rules. IT IS FURTHER ORDERED
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-125A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-125A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-125A1.txt
- letter advising the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. ordering clauses Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Comcast is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred dollars ($7,500.00) for willful violation of Section 76.1603(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1263A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1263A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1263A1.txt
- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Hiawatha possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to David H. Solomon, Counsel for Hiawatha Broadband Communications,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1264A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1264A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1264A1.txt
- for Teleplus's apparent willful repeated failure to obtain section 214 authority from the Commission prior to providing international telecommunications service. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80 of the Commission's rules, 47 C.F.R. § 1.80, and the authority delegated by section 0.111 of the Commission's rules, 47 C.F.R. § 0.111, Teleplus, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $100,000 for willfully and repeatedly violating the Act and the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-126A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-126A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-126A1.txt
- xst0\pnrstop6\pnrstart1\pnrrgb1\pnrrgb0\pnrrgb0\pnrrgb0\pnrrgb0\pnrrgb0\ pnrrgb0\pnrrgb0\pnrrgb0\pnrstop9\pnrstart2\pnrnfc0\pnrnfc0\pnrnfc0\pnrnf c0\pnrnfc0\pnrnfc0\pnrnfc0 \pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc13\pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc 0\pnrnfc0\pnrnfc0\pnrstop18\pnrstart3\pnrpnbr13\pnrpnbr0\pnrpnbr0\pnrpnb r0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnb r0\pnrpnbr0\pnrpnbr0\pnrpnbr0 \pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0 \pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0 \pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrstop36\rin0\lin0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0\afs24 \ltrch\fcs0 \b\fs24 Accordingly, IT IS ORDERED}{\rtlch\fcs1 \af0\afs24 \ltrch\fcs0 \fs24 , pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C .F.R. S: 0.111, 0.311, Time Warner is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred dollars ($7,500.00) for willful violation of Section 76.1603(b) of the Rules. \par {\pntext\pard\plain\ltrpar \rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22 \hich\af0\dbch\af0\loch\f0 14.\tab}}\pard \ltrpar\ql \fi720\li0\ri0\sb120\sa120\sl226\slmult1\widctlpar\jclisttab\tx1440\tx46 80\tx5760\wrapdefault{\*\pn \pnlvlbody\ilvl0\ls22\pnrnot0 \pndec\pnb0\pni0\pnfs22\pnstart1\pnindent720\pnsp120 {\pntxta .}}\faauto\ls22 \pnrdate651271306\pnrstart0\pnrxst2\pnrxst0\pnrxst0\pnrxst0\pnrxst46\pnr xst0\pnrstop6\pnrstart1\pnrrgb1\pnrrgb0\pnrrgb0\pnrrgb0\pnrrgb0\pnrrgb0\ pnrrgb0\pnrrgb0\pnrrgb0\pnrstop9\pnrstart2\pnrnfc0\pnrnfc0\pnrnfc0\pnrnf c0\pnrnfc0\pnrnfc0\pnrnfc0
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1273A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1273A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1273A1.txt
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether GHA possesses the basic qualifications including, but not limited to, those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaint before the Enforcement Bureau filed against GHA regarding the above-captioned investigation as of the date of this Consent Decree IS DISMISSED. IT IS FURTHER ORDERED that a
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-127A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-127A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-127A1.txt
- letter advising the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. ordering clauses Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Time Warner is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred dollars ($7,500.00) for willful violation of Section 76.1603(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1281A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1281A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1281A1.txt
- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Mobilarm possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Mobilarm before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that a copy of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-128A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-128A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-128A1.txt
- xst0\pnrstop6\pnrstart1\pnrrgb1\pnrrgb0\pnrrgb0\pnrrgb0\pnrrgb0\pnrrgb0\ pnrrgb0\pnrrgb0\pnrrgb0\pnrstop9\pnrstart2\pnrnfc0\pnrnfc0\pnrnfc0\pnrnf c0\pnrnfc0\pnrnfc0\pnrnfc0 \pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc13\pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc 0\pnrnfc0\pnrnfc0\pnrstop18\pnrstart3\pnrpnbr13\pnrpnbr0\pnrpnbr0\pnrpnb r0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnb r0\pnrpnbr0\pnrpnbr0\pnrpnbr0 \pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0 \pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0 \pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrstop36\rin0\lin0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0\afs24 \ltrch\fcs0 \b\fs24 Accordingly, IT IS ORDERED}{\rtlch\fcs1 \af0\afs24 \ltrch\fcs0 \fs24 , pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C .F.R. S: 0.111, 0.311, Charter is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred dollars ($7,500.00) for willful violation of Section 76.1603(b) of the Rules. \par {\pntext\pard\plain\ltrpar \rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22 \hich\af0\dbch\af0\loch\f0 14.\tab}}\pard \ltrpar\ql \fi720\li0\ri0\sb120\sa120\sl226\slmult1\widctlpar\jclisttab\tx1440\tx46 80\tx5760\wrapdefault{\*\pn \pnlvlbody\ilvl0\ls22\pnrnot0 \pndec\pnb0\pni0\pnfs22\pnstart1\pnindent720\pnsp120 {\pntxta .}}\faauto\ls22 \pnrdate651271305\pnrstart0\pnrxst2\pnrxst0\pnrxst0\pnrxst0\pnrxst46\pnr xst0\pnrstop6\pnrstart1\pnrrgb1\pnrrgb0\pnrrgb0\pnrrgb0\pnrrgb0\pnrrgb0\ pnrrgb0\pnrrgb0\pnrrgb0\pnrstop9\pnrstart2\pnrnfc0\pnrnfc0\pnrnfc0\pnrnf c0\pnrnfc0\pnrnfc0\pnrnfc0 \pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc14\pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1293A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1293A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1293A1.txt
- which may limit or eliminate the need for litigation and the further expenditure of resources by the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 224, and 251 of the Act, 47 U.S.C. §§ 154(i), 154(j), 224, 251, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion to Dismiss Complaint Without Prejudice IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), 224, and 251 of the Act, 47 U.S.C. §§ 154(i), 154(j), 224, 251, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 1.1401-1.1418, and the authority delegated in
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-129A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-129A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-129A1.txt
- letter advising the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. ordering clauses Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Harron is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred dollars ($7,500.00) for willful violation of Section 76.1603(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1304A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1304A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1304A1.txt
- the absence of material new evidence relating to this matter, we conclude there are no substantial or material questions of fact as to whether Honeywell Sensing and Control possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Anthony A. Kuznik, Vice President and General Counsel, Honeywell
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-130A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-130A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-130A1.txt
- pnrrgb0\pnrrgb0\pnrrgb0\pnrstop9\pnrstart2\pnrnfc0\pnrnfc0\pnrnfc0\pnrnf c0\pnrnfc0\pnrnfc0\pnrnfc0 \pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc13\pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc 0\pnrnfc0\pnrnfc0\pnrstop18\pnrstart3\pnrpnbr13\pnrpnbr0\pnrpnbr0\pnrpnb r0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnb r0\pnrpnbr0\pnrpnbr0\pnrpnbr0 \pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0 \pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0 \pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrstop36\rin0\lin0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0\afs24 \ltrch\fcs0 \b\fs24 Accordingly, IT IS ORDERED}{\rtlch\fcs1 \af0\afs24 \ltrch\fcs0 \fs24 , pursuant t o section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.1 11, 0.311, Comcast is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of Fifteen Thousand dollars ($15,000.00) for willful violation of Section 76.1603(b) of the Rules. \par {\pntext\pard\plain\ltrpar \rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22 \hich\af0\dbch\af0\loch\f0 14.\tab}}\pard \ltrpar\ql \fi720\li0\ri0\sb120\sa120\sl226\slmult1\widctlpar\jclisttab\tx1440\tx46 80\tx5760\wrapdefault{\*\pn \pnlvlbody\ilvl0\ls22\pnrnot0 \pndec\pnb0\pni0\pnfs22\pnstart1\pnindent720\pnsp120 {\pntxta .}}\faauto\ls22 \pnrdate651271328\pnrstart0\pnrxst2\pnrxst0\pnrxst0\pnrxst0\pnrxst46\pnr xst0\pnrstop6\pnrstart1\pnrrgb1\pnrrgb0\pnrrgb0\pnrrgb0\pnrrgb0\pnrrgb0\ pnrrgb0\pnrrgb0\pnrrgb0\pnrstop9\pnrstart2\pnrnfc0\pnrnfc0\pnrnfc0\pnrnf c0\pnrnfc0\pnrnfc0\pnrnfc0 \pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc14\pnrnfc0\pnrnfc0\pnrnfc0\pnrnfc 0\pnrnfc0\pnrnfc0\pnrstop18\pnrstart3\pnrpnbr14\pnrpnbr0\pnrpnbr0\pnrpnb r0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnbr0\pnrpnb
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1312A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1312A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1312A1.txt
- the private resolution of disputes and eliminating the need for further litigation and the expenditure of additional time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.1401-1.1418, that the Motion is GRANTED, and that this proceeding IS DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Pole Attachment Access Complaint, File No. EB-09-MD-004 (filed March 13, 2009) (``Complaint''). 47 U.S.C. § 224. 47 C.F.R. §§ 1.1401
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- letter advising the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. ordering clauses Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Cox is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred dollars ($7,500) for willful violation of Section 76.1603(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
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- repeated violation of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. ordering clauses Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Copier Search International, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $9,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that AZ Prime One Mortgage Corporation IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $10,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related
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- section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Rentex IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $4,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders as described in
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- letter advising the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. ordering clauses Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Cox is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willful violation of Section 76.1603(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this Notice of
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- letter advising the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authoritydelegated bysections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Cablevision is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-two thousand five hundred ($22,500) for willful violation of Section 76.1603(b) of the Rules. 14. IT IS FURTHER ORDEREDthat, pursuant to Section 1.80 of the Rules, within thirtydays of the release date of this Notice of
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- of bank fraud, in violation of 18 U.S.C. §§ 2 and 1344. See Douglas Benit Plea Agreement; see also Douglas Benit Judgment. This notice of suspension and initiation of debarment proceedings arises from your conviction of mail fraud, and as such, does not discuss your guilty plea and subsequent conviction of bank fraud. 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- letter advising the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. ordering clauses Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Cablevision is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred ($7,500) for willful violation of Section 76.1603(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this Notice
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Alco possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Mario Boltri, Vice President OEM/EMS Operations, Alco Electronics
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- letter advising the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. ordering clauses Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Cablevision is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred ($7,500) for willful violation of Section 76.1603(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this Notice
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- letter advising the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. ordering clauses Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Cablevision is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred ($7,500) for willful violation of Section 76.1603(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this Notice
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- evidence of his felony conviction, we conclude that Terry Keith Hammond lacks the basic requisite character qualifications to be and remain a Commission licensee, and note that such conclusion would have warranted revocation of the license for Station KBKH(FM) (the ``Station'') prior to its cancellation. Our actions herein are taken pursuant to authority delegated to the Enforcement Bureau under Section 0.111(a)(17) of the Commission's rules. BACKGROUND On September 15, 2006, the Commission commenced a hearing proceeding to determine whether Mr. Hammond is qualified to be and remain a licensee, whether his license for Station KBKH(FM) should be revoked, and whether his application for renewal of the station's license should be granted. The Hearing Designation Order specified numerous questions of fact and
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- letter advising the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. ordering clauses Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Cablevision is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred ($7,500) for willful violation of Section 76.1603(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this Notice
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- conclude, however, that Bear Creek's unlicensed operation was not analogous to the intentional unlicensed operation of a "pirate" station operator who operates its station in flagrant violation of Commission rules. We therefore downwardly adjust the $10,000 base forfeiture amount to five thousand dollars ($5,000). Ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules that Bear Creek Mountain Resort IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for willful and repeated violation of Section 301 of the Act. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must
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- letter advising the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. ordering clauses Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Charter is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred dollars ($7,500.00) for willful violation of Section 76.1603(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
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- highly profitable entities, such as Midland could expect forfeitures higher than those reflected in the base amounts. Accordingly, applying the Forfeiture Policy Statement and statutory factors to the instant case, we conclude that Midland is apparently liable for a monetary forfeiture of $21,000. iV. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Midland, IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for marketing noncompliant GMRS transmitters, in willful and repeated violation of Section 302(a) of the Act and Section 2.803(g) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty
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- or prior offenses, ability to pay, and other such matters as justice may require. Taking this standard into account, and based upon the facts and circumstances presented here, we find that a forfeiture in the amount of $4,000 is appropriate as to Service's contest violation. ORDERING clauses ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, that Service Broadcasting Group, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for apparently willfully and repeatedly violating Section 73.1216 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release of this
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Technogym possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Technogym S.p.A., c/o Technogym USA, 830 Fourth Avenue South,
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CT Cube possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Mike Higgins, Jr., General Manager, CT Cube, Inc.
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- unsolicited advertisement to the consumer identified in the Appendix. We have further determined that Y Pay More is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Y Pay More is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether InFill possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Marjorie Spivak, Esq., counsel for InFill Towers of
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- need for further litigation and the expenditure of additional time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Motion IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE as to defendants Matrix Management, Inc. and ZCom Networks, Inc., and that this proceeding IS TERMINATED as to defendants Matrix Management, Inc. and ZCom Networks, Inc. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution
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- $4,000. Accordingly, we propose a forfeiture of $14,000 for the willful and repeated marketing of two unauthorized transmitter models, and $8,000 for the willful and repeated marketing of two unauthorized amplifier models, for an aggregate forfeiture of twenty-two thousand dollars ($22,000). iV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Inter Tech FM IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-two thousand dollars ($22,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the
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- violation of section 227 of the Act and the Commission's related rules and orders, as set forth in the NALs. ordering clauses Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under the authority delegated by sections 0.111 and 0.311 of the commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Amerilist, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $22,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders as
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- to your six count conviction. United States v. Andre Jose Hornsby, Criminal Docket No. 8:06CR00376-PJM-1, Judgment (D. Md. filed and entered Dec. 5, 2008) (``Hornsby Judgment''). See also United States v. Andre Jose Hornsby, Criminal Docket No. 8:06CR00376-PJM-1, Superseding Indictment (D. Md filed and entered Apr. 23, 2008) (``Hornsby Indictment''). 47 C.F.R. § 54.8 (2008). See also 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- filed and entered Mar. 31, 2009) (Convicted on Counts 11 and 22)(``Newton Judgment''). See also generally United States v. Video Network Communications, Inc. et al., Criminal Docket No. 3:05-CR-00208-CRB, Superseding Indictment (N.D. Cal. filed Dec. 8, 2005 and entered Dec. 12, 2005), http://www.usdoj.gov/atr/cases/f213600/213626.htm (accessed May 1, 2008) (``VNCI Superseding Indictment''). 47 C.F.R. § 54.8 (2008). See also 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that DD&S Companies, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $9,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders as
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- willful or repeated violation of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that So Clean, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $18,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- repeatedly violated Section 73.49 of the Rules, based upon their inability to pay, we conclude that pursuant to Section 503(b) of the Act and the Forfeiture Policy Statement, reduction of the $7,000 forfeiture to $500 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Albino Ortega and Maria Juarez, ARE LIABLE FOR A MONETARY FORFEITURE in the amount of $500 for willfully and repeatedly violating Section 73.49 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- review, we conclude that Playa willfully and repeatedly violated Section 74.1236(c) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $4,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Playa Del Sol Broadcasters, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 74.1236(c) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- Act and Section 25.102(a) of the Rules, based upon its inability to pay, we conclude that pursuant to Section 503(b) of the Act and the Forfeiture Policy Statement, reduction of the $4,000 forfeiture to $1,100 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, The Starfish Television Network, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $1,100 for willfully and repeatedly violating Section 301 of the Act and Section 25.102(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we reduce the proposed forfeiture to $1,200, based on Jackson's history of compliance with the rules and inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jackson Radio, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand two hundred dollars ($1,200) for violations of Sections 11.35 and 73.49 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Universal Roofing d/b/a Universal Roofing & General Contracting IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $4,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3),
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- compliance with the Rules, we find that the circumstances surrounding and the nature and the extent of Greeley's violation justifies cancellation of the NAL. However, we admonish Greeley for its violation of Section 73.49 of the Rules. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, that the proposed forfeiture in the amount of seven thousand dollars ($7,000) issued to Greeley Broadcasting Corporation, in the July 29, 2008, Notice of Apparent Liability for willful and repeated violations of Section 73.49 of the Rules IS CANCELLED. IT IS FURTHER ORDERED that Greeley Broadcasting Corporation, IS ADMONISHED for its violation of
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaints and allegations against the Station and/or the Licensee before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED.
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- for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Act, 47 U.S.C. §§ 154(i), 154(j), 208, and sections 1.106, 1.720 - 1.736 of the Commission's rules, 47 C.F.R. §§ 1.106, 1.720 - 1.736, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that MAP Mobile Communications, Inc.'s Notice of Settlement and Request for Dismissal of Petition for Reconsideration IS GRANTED and its Petition for Partial Reconsideration or Clarification is hereby DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau MAP Mobile Communications, Inc. v. Illinois Bell Telephone Company,
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Wilson possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Wilson Communication Company, Inc.
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether WTC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of WTC Communications, Inc. )
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Clearcom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Clearcom, Inc. ) )
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TSI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Telecom Supply, Inc. )
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CenCom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of CenCom, Inc. ) )
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ComSouth possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ComSouth Telenet, Inc. )
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- based on the record, we find that @Communications did not willfully and repeatedly violate section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to @Communications, Inc. in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture for willful and repeated violations of a Commission rule IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent
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- based on the record, we find that PriorityOne did not willfully and repeatedly violate section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of three thousand dollars ($3,000) issued to PriorityOne Telecommunications, Inc. in the February 25, 2009 Notice of Apparent Liability for Forfeiture for willful and repeated violations of a Commission rule IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent
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- pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Chladek willfully and repeatedly violated Section 73.3526(e)(12) of the Rules and that the $4,000 forfeiture proposed in the NAL is warranted. Ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules that James J. Chladek IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willful and repeated violation of 47 C.F.R. § 73.3526(e)(12). Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the
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- for operating mobile units and a mobile relay station on the unauthorized frequencies 469.4 MHz and 464.4 MHz respectively. Despite evidence that Sims received the NAL, Sims has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Sims Metal East, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ComSouth possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ComSouth Teleservices, Inc. )
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ComTech possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ComTech Solutions, LLC )
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Nebraska possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Nebraska Central Telecom, Inc.
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Stanton possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Stanton Long Distance, LLC
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NLD possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Nebraska Long Distance Company,
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Ligtel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Ligtel Communications, Inc. )
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Southwest possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Southwest Texas Long Distance
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TCB possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Texas Communications of Brownwood,
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether RTC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of RTC Communications Corp. )
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1611A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1611A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1611A1.txt
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Smithville possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Smithville Telecom, Inc. )
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1612A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1612A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1612A1.txt
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ASTAC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ASTAC Long Distance )
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Family Tel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Family Tel of Oklahoma,
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- based on the record, we find that Naperville did not willfully and repeatedly violate section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to the City of Naperville in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture for willful and repeated violations of a Commission rule IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall
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- based on the record, we find that Sweetser did not willfully and repeatedly violate section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Sweetser Rural Telephone Company, Inc. in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture for willful and repeated violations of a Commission rule IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1616A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1616A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1616A1.txt
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Clay County possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Clay County Communications, LLC
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Giles-Craig possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Giles-Craig Communications, Inc. )
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- on the record, we find that TCO Network did not willfully and repeatedly violate section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to TCO Network, Inc. in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture for willful and repeated violations of a Commission rule IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1619A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1619A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1619A1.txt
- based on the record, we find that Hinton did not willfully and repeatedly violate section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Hinton Telephone Company of Hinton Oklahoma, Inc. in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture for willful and repeated violations of a Commission rule IS CANCELLED. IT IS FURTHER ORDERED that a copy of
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- record, we find that The Telephone Company, Inc. did not willfully and repeatedly violate section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to The Telephone Company, Inc. in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture for willful and repeated violations of a Commission rule IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall
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- based on the record, we find that Momentum did not willfully and repeatedly violate section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of six thousand dollars ($6,000) issued to Momentum Telecom, Inc. in the February 25, 2009 NAL for willful and repeated violations of a Commission rule IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Evertek possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Evertek, Inc. ) )
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Topsham possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Topsham Communications, LLC )
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111, and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Coastal Steel Structures, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $18,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- section 227 of the Act and the Commission's related rules and orders, as set forth in the 2008 NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Tri-State Printer & Copier Supply Co., Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $9,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the
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- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether B & B Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of B & B Communications
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether GBT possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of GBT Communications, Inc. )
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Cedar-Wapsie possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Cedar-Wapsie Communications, Inc. )
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NMRSA6-III possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of NMRSA6-III Partnership ) )
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether SOTI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Southwest Oklahoma Telecommunications, Inc.
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Peetz possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Peetz Communications, LLC )
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NCAP possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Northeast Competitive Access Provider
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Carr possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Carr Communications, Inc. )
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Ogden possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Ogden Long Distance Service,
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Westphalia possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Westphalia Communications, Inc. )
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether SpringCom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of SpringCom, Inc. ) )
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Pinnacle possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Pinnacle before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that a copy of
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- of material new evidence relating to this matter, we conclude that the Bureau's investigations raise no substantial or material questions of fact as to whether the AT&T Companies possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Cathy Carpino, General Attorney, AT&T Services Inc., 1120
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Fort Mojave possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Fort Mojave Television, Inc.
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- repeated violation of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that First Alliance Security IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $13,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules, Jones College IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,500 for willfully and repeatedly violating Section 399B of the Act, as amended, and Section 73.503(d) of the Commission's Rules. 15. IT IS FURTHER ORDERED that, pursuant to the authority delegated in Section 0.111(a)(17) of the Commission's Rules, Jones College IS ADMONISHED for violating Section 1.17(a)(2) of the Rules. with any questions regarding payment procedures. 17. IT IS FURTHER ORDERED that a copy of this Order shall be sent, by Certified Mail/Return Receipt Requested, to Jones College, 5353 Arlington Expressway, Jacksonville, Florida, 32211, and by regular mail to its counsel, Christopher D. Imlay, Esq.,
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether VSAT Systems possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Michael Kister, President, VSAT Systems, LLC, 1520 S. Arlington
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether AP&T possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of AP&T Wireless, Inc. )
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Falcon1 possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Falcon1, Inc. ) )
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TSC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of TSC Communications, Inc. )
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- Enforcement Bureau (``New Orleans Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $3,000 to Millworks. Millworks has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Southern Classic Millworks, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for violations of Section 17.4(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- that Venali has presented a reasonable showing that neither Venali nor customers using Venali services in fact transmitted the faxes involved in the complaints or NAL. We therefore conclude that the NAL issued to Venali should be cancelled. ordering clauses ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f) (4) of the Commission's Rules, that the proposed forfeiture in the amount of $18,000 issued to Venali, Inc. in the September 28, 2007 Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Venali, Inc.,
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- Bureau (``Houston Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Severino. Mr. Severino has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Radhames Severino IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 301 of the Act. with any questions regarding payment procedures. Mr. Severino will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of this
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- however, that a downward adjustment of the proposed forfeiture from $32,000 to $25,000 is warranted because Journal Broadcast made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Journal Broadcast Corporation IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for the willful and repeated violation of Section 301 of the Act and Section 25.201(a) of the Rules, and for willful violation of Section 25.121(e) of the Rules. IT IS FURTHER ORDERED that,
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- (``New Orleans Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $14,000 to Mr. Konarz. Mr. Konarz has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jason Konarz IS LIABLE FOR A MONETARY FORFEITURE in the amount of $14,000 for violations of Section 73.49 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- Enforcement Bureau (``San Juan Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $13,000 to PBS. PBS has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Perry Broadcasting Systems IS LIABLE FOR A MONETARY FORFEITURE in the amount of $13,000 for violations of Sections 17.51(a) and 17.57 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- dispute between APCC and CNS and by eliminating the need for further litigation as between these two parties. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in sections 0.111, 0.311, of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Motion to Dismiss CCI Network Services, Inc. is GRANTED and the complaint is DISMISSED WITH PREJUDICE as to defendant CCI Network Services, Inc., and that this proceeding IS TERMINATED as to defendant CCI Network Services, Inc. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Pro Tech possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Steve Chapin, Chief Executive Officer and President, Pro Tech
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- with the complainant in each case. Accordingly, as a result of our review of Entercom's response to the NAL, and in view of the statutory factors and the Forfeiture Policy Statement, we affirm the NAL and issue a forfeiture in the amount of $4,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Entercom Wichita License, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willful violation of Section 73.1216 of the Commission's Rules. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include
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- unsolicited advertisement to the consumer identified in the Appendix. We have further determined that American Medical Services is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that American Medical Services is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- and sales and SIM card sales. Accordingly, we find that Cellular Abroad did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Cellular Abroad in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested
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- CPNI certification filing was due. Accordingly, we find that Daytona Beach did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to City of Daytona Beach in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail
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- calendar year 2007 was not due. Accordingly, we find that Nebraska Supercomm did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Nebraska Supercomm, LLC in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt
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- Pilgrim was not a telecommunications carrier. Accordingly, we find that Pilgrim did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Pilgrim Telephone, Inc. in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return
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- customers during the 2007 calendar year. Accordingly, we find that Visionary did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Visionary Communications, Inc. in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return
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- for calendar year 2007 was not due. Accordingly, we find that Zicore did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of two thousand dollars ($2,000) issued to Zicore Services, Inc. in the February 25, 2009 Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt
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- including the egregious nature of the misconduct that misled listeners and CBS's prior history of violations of Section 73.1216, we conclude that an upward adjustment of the forfeiture amount is warranted in this case. Thus we find that the appropriate forfeiture amount is $6,000. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, that CBS Radio East Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $6,000 for apparently willfully and repeatedly violating Section 73.1216 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release of this
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- may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at Vickie.Robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Dayle A. Elieson, U.S. Attorney's Office, United States Department of Justice (via mail) See 47 C.F.R. §§ 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Ruben B. Bohuchot, Notice of Suspension and Initiation of Debarment Proceedings, 24 FCC Rcd 2448 (Inv. & Hearings Div., Enf. Bur. 2009) (Attachment 1)(``Notice of Suspension''). In the Notice of Suspension, the Bureau referred to your frauds as being associated with E-Rate
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- may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at Vickie.Robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Dayle A. Elieson, U.S. Attorney's Office, United States Department of Justice (via mail) See 47 C.F.R. §§ 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Frankie Logyang Wong, Notice of Suspension and Initiation of Debarment Proceedings, 24 FCC Rcd 2456 (Inv. & Hearings Div., Enf. Bur. 2009) (Attachment 1)(``Notice of Suspension''). In the Notice of Suspension, the Bureau referred to your frauds as being associated with E-Rate
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- calendar year 2007 was not due. Accordingly, we find that Isan did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of six thousand dollars ($6,000) issued to Isan Telecom, Inc. in the February 25, 2009 Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt
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- CPNI certification for calendar year 2007. Accordingly, we find that Plains did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Plains Communications Services, LLC in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail
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- calendar year 2007 was not due. Accordingly, we find that Orange did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Orange Auto Sound in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return
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- calendar year 2007 was not due. Accordingly, we find that Freedom did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Freedom Telecommunications, Inc. in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return
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- CPNI certification for calendar year 2007. Accordingly, we find that Allendale did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Allendale Telephone Company d/b/a Allendale Communications Company in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail
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- year 2007 was not due. Accordingly, we find that Worldwide Marketing did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of two thousand dollars ($2,000) issued to Worldwide Marketing Solutions, Incorporated in the February 25, 2009 Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return
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- violation subjecting WJIF to further penalties, including potentially higher monetary forfeitures. Accordingly, based on the facts, we find Opp Ed apparently liable for a combined forfeiture of $19,000 for WJIF's apparent willful and repeated violation of Sections 11.35, 11.61(a) and 73.1015 of the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Opp Educational Broadcasting Foundation, Licensee of FM Radio Station WJIF, IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of nineteen thousand dollars ($19,000) for willful and repeated violation of Sections 11.35, 11.61(a) and 73.1015 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within
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- Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1477 and by e-mail at Michele.Berlove@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Taurus N. Ziedas, United States Attorney' Office, Department of Justice (via e-mail) Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) 47 C.F.R. § 54.8(g) (2008). See also 47 C.F.R. § 0.111(a)(14). Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Douglas Benit, Notice of Suspension and Initiation of Debarment Proceedings, 24 FCC Rcd 8153 (Inv. & Hearings Div., Enf. Bur. 2009) (Attachment 1)(``Notice of Suspension''). 74 Fed. Reg. 31947 (July 6, 2009). See Notice of Suspension, 24 FCC Rcd at 8155-56. See 47
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- database was acquired by another carrier. Accordingly, we find that Clarks did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Clarks Telecom Long Distance in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail
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- need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau 1 Formal Complaint, File No. EB-09-MD-002 (filed Feb. 9, 2009) (``Complaint''). 47 U.S.C. § 208. Complaint at 2, 10-12, 18-20; 47 U.S.C.
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- records and find no other violations against the licensee. Under similar circumstances, we have reduced proposed forfeitures, and find that doing so in this case is appropriate. Consequently, we reduce Sparta-Tomah's forfeiture amount from $11,000 to $8,800. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Sparta-Tomah Broadcasting Co. Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,800 for willfully and repeatedly violating Sections 73.1745 and 73.1125 of the Rules. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Sparta-Tomah Broadcasting
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Alliance Capital Corporation, IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $4,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders as described
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- repeatedly violated Sections 73.1745(a), 1.903(a), and 73.3526(e)(12) of the Rules, we conclude, based upon our review of PTDC's supporting financial documentation, that pursuant to Section 503(b) of the Act and the Forfeiture Policy Statement, a reduction of the $15,000 forfeiture to $5,000 is warranted. Ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules that Pentecostal Temple Development Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for willful and repeated violation of 47 C.F.R. §§ Sections 73.1745(a), 1.903(a), and 73.3526(e)(12). with any questions regarding payment procedures. Pentecostal Temple Development Corporation shall also send electronic notification on the date said payment is
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- however, that a reduction in the forfeiture is warranted based on Real Life's history of compliance with the Commission's Rules. We have reviewed the Commission database and we find that a reduction in the forfeiture to $18,400 is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Real Life Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eighteen thousand four hundred dollars ($18,400) for violations of Section 73.1745(a), 11.35, 73.49, and 73.3526(e)(12) of the Rules. with any questions regarding payment procedures. Real Life Broadcasting, Inc. shall also send electronic notification on the date said payment is
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that American Locators, Inc., IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $4,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders as described
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- repeated violation of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. ordering clauses Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Guardian Steel Buildings, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $4,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaints and allegations against the Station and/or the Licensee before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED.
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- the private resolution of disputes and eliminating the need for further litigation and the expenditure of additional time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111, 0.311, and 1.720 - 1.736 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.720 - 1.736, that the Motion is GRANTED, and that the Complaint in this proceeding is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Lisa J. Saks Assistant Chief, Market Disputes Resolution Division Enforcement Bureau APCC Services Inc. v. Dollar Phone Corp., RespOrgUSA, Inc., Dollar Phone Access,
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- Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1477 and by e-mail at Michele.Berlove@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Michael R. Pauzé, Assistant United States Attorney, Department of Justice (via e-mail) Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) 47 C.F.R. § 54.8(g) (2008). See also 47 C.F.R. § 0.111(a)(14). Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Andre J. Hornsby, Notice of Suspension and Initiation of Debarment Proceedings, 24 FCC Rcd 9093 (Inv. & Hearings Div., Enf. Bur. 2009) (Attachment 1)(``Notice of Suspension''). 74 Fed. Reg. 36223 (July 22, 2009). See Notice of Suspension, 24 FCC Rcd at 9094-96. See
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- Acting Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1477 and by e-mail at Michele.Berlove@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Michael Wood, Antitrust Division, United States Department of Justice (via e-mail) 47 C.F.R. § 54.8(g) (2008). See also 47 C.F.R. § 0.111(a)(14). Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Steven Newton, Notice of Suspension and Initiation of Debarment Proceedings, 24 FCC Rcd 9098 (Inv. & Hearings Div., Enf. Bur. 2009) (Attachment 1)(``Notice of Suspension''). 74 Fed. Reg. 36221 (July 22, 2009). See Notice of Suspension, 24 FCC Rcd at 9099-101. See 47
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- not part of an EAS test or actual emergency information, whether intentional or accidental, compromises the integrity of the EAS system. Accordingly, we conclude that station KWVE is apparently liable for a $5,000 forfeiture for its willful violation of Section 11.61(a) of the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Calvary Chapel of Costa Mesa, Inc., licensee of FM Radio Station KWVE, IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of five thousand dollars ($5,000) for willful violation of Section 11.61(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaints and allegations against the Station and/or Licensee before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED. 8.
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- investigation. 4. In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Next-G possesses the basic qualifications, including those related to character, tohold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDEREDthat, pursuant to section 4(i) of the Act5and sections 0.111 and 0.311 of the Commission's rules,6the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigationIS TERMINATED. 147 U.S.C. § 276. 247 C.F.R. §§ 64.1300, 64.1310(a), and 64.1320. 347 U.S.C. § 214(a). 447 C.F.R. § 63.18. 547 U.S.C. § 154(i). 647 C.F.R. §§ 0.111, 0.311. Federal Communications Commission DA 09-2068 2 7. IT
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- the record, and based on information provided by WorldNet in its response to the NAL, including sworn declarations from two WorldNet employees, we find that the record is insufficient to support a finding of a willful violation. Accordingly, we conclude that the NAL should be cancelled. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the April 3, 2009 Notice of Apparent Liability for Forfeiture and Order issued to WorldNet, L.L.C. IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and by Certified Mail Return Receipt Requested to Ms. Debra R. Schmidt, Director of Telephony Services, WorldNet, L.L.C., 1
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- the NAL response or payment was due. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, that the Petition for Reconsideration filed by Southern Classic Millworks, LLC IS DENIED. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Southern Classics Millworks, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for violation of Section 17.4(a) of the Rules. . IT IS FURTHER ORDERED that this Order shall be sent by regular mail and by certified mail, return receipt requested, to Southern Classic Millworks, LLC at its
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Imation possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Greg J. Bosler, Vice President, Consumer Division, Americas
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CBS possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture, Forfeiture Order, and Memorandum Opinion and Order ARE CANCELLED. IT IS FURTHER ORDERED that the third-party complaint against CBS before the Bureau related to the above-captioned-investigation as
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TWC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b)of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Time Warner Cable, Inc.: Matthew A.
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaints and allegations against the Stations and/or the Licensee before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED.
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Humax possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the Bureau's investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Humax Co. Ltd., John Janka, Esq., Latham
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether WNC possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the Bureau's investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Wistron NeWeb Corporation, John Janka, Esq., Latham
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- appropriate. Accordingly, applying the Forfeiture Policy Statement and the statutory factors to this case, we conclude that Lancaster is apparently liable for a forfeiture in the amount of seven thousand five hundred dollars ($7,500) for apparently violating the Commission's underwriting rules. IV. ORDERING CLAUSES 10. ACCORDINGLY, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Lancaster Educational Broadcasting Foundation, licensee of noncommercial educational Station WFCO(FM), Lancaster, Ohio, is hereby NOTIFIED OF ITS APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred dollars ($7,500) for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, and Section 73.503 of the Commission's rules,
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- time and resources by the Commission, and by affording the parties certainty about the status of this proceeding. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE as to defendants Network Management, Inc. and USP Communications, Inc., and that this proceeding IS TERMINATED in its entirety. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Complaint, File No. EB-08-MD-007 (filed August 13, 2008)
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- for the full $3,000 amount for the failure to timely file the modification application and STA request, but reduce the proposed forfeiture for the unauthorized operation from the $10,000 base amount to $4,000. Thus, we propose a forfeiture in the total amount of $7,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, John L. White IS hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for the willful and repeated violation of Section 301 of the Act and Sections 73.1350 and 73.1745 of the Rules and the willful violation of Section 73.1690 of the Rules. IT IS FURTHER
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- the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we reduce the proposed forfeiture to $1,500, based on Foundation Inc's history of compliance with the rules and inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, The King's Musician Educational Foundation, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violations of Sections 17.4(g) and 17.51(b) of the Rules. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Midland possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested,
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- review, we conclude that Clerveau and Edwards repeatedly violated Section 301 of the Act. Considering the entire record and the factors listed above, we find that cancellation or reduction of the proposed $10,000 forfeiture is not warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jean Clerveau and Jocelyn Edwards ARE JOINTLY AND SEVERALLY LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for repeatedly violating Section 301 of the Act. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Clerveau and
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tama and Zwirn possess the basic qualifications including, but not limited to, those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints before the Enforcement Bureau filed against Tama Broadcasting, Inc., and D.B. Zwirn & Co., L.P., regarding the above-captioned investigation as of the date of this Consent Decree
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether KRI possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the Bureau's investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Young-hoon Bae, President and CEO, KIRYUNG Electronics Co., Ltd.,
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Audiovox possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Audiovox before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that a copy of this
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- aggregate base forfeiture proposed against Richfield is $18,000. conclusion In sum, we propose a forfeiture amount of $18,000 for Richfield's marketing of non-compliant and unlabeled equipment in apparent willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Richfield Electronics (China) Ltd. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for its willful and repeated violations of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty
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- Section 303(q) of the Act, and Sections 17.51(a), 17.47(a), 17.48, and 17.57 of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed $13,000 forfeiture to $11,000 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ely Radio, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $11,000 for repeatedly violating Section 303(q) of the Act, and Sections 17.51(a), 17.47(a), 17.48, and 17.57 of the Rules. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Secured Finance & Investments, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $4,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- an upward adjustment of the base forfeiture amount. After consideration of all the foregoing factors, and in view of the particular facts of this case, we find that AMFM is apparently liable for a forfeiture in the amount of $6,000. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that AMFM Broadcasting Licenses, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of six thousand dollars ($6,000) for willfully and repeatedly violating Sections 73.1216 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, 47 C.F.R. § 1.80, that within thirty (30)
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- Grover's response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we reduce the proposed forfeiture to $2,500, based on Mr. Grover's inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Frankie Grover IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand five hundred dollars ($2,500) for violations of Section 301 of the Act. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested to Frankie Grover at
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- Policy Statement and statutory factors to the instant case, we conclude that Uniden's proposed forfeiture should be adjusted downward by a total of $8,000. On the basis of the foregoing, we find that Uniden is apparently liable for a proposed forfeiture of $23,000. iV. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Uniden, IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-three thousand dollars ($23,000) for marketing non-compliant GMRS transmitters in willful and repeated violation of Section 302(a) of the Act and Section 2.803(g) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty
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- In the absence of new material evidence relating to this matter, we conclude that our investigation raises no substantial or material question of fact as to whether Marathon possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to C. Douglas Jarrett, Esq., Keller and Heckman, LLP, 1001
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- to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation or reduction of the $10,000 forfeiture proposed for this violation. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Raymond Frank IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested to Raymond Frank at his address
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- a result of our review, we conclude that Hodson willfully and repeatedly violated Section 73.1620 of the Rules. Considering the entire record and the factors listed above, we find that Hodson is liable for a $20,000 forfeiture. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Hodson Broadcasting, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for willfully and repeatedly violating Section 73.1620 of the Rules. IT IS FURTHERED ORDERED THAT, within 30 days of the release of this Order, Hodson Broadcasting file with the District Director, Denver Office, the report required in paragraph 19 above.
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- to limit, modify, or expand its request for information relative to these investigations. We modify the portions of the Letters of Inquiry that require each party to supplement, on a quarterly basis, the information provided in the parties' responses to the Letters of Inquiry, and temporarily suspend, until further notice, such obligations. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311, 1.102 and 1.113 of the Commission's Rules, the Notices of Apparent Liability for Forfeiture and Order and the Letters of Inquiry issued in the above captioned proceedings ARE MODIFIED as set forth in Paragraphs 1 - 4 above. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail, Return Receipt
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- Order a compliance report (i) describing all EAS compliance measures undertaken since October 18, 2008 (e.g., any employee training or changes in station protocols) designed to prevent a recurrence of the violations at issue here, along with (ii) a certification by an officer of the company to the accuracy of such report. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 0.111, 0.311 and 1.113 of the Rules, the Notice of Apparent Liability for Forfeiture released on September 17, 2009 IS HEREBY SET ASIDE. IT IS FURTHER ORDERED that in lieu of the September 17, 2009 Notice of Apparent Liability for Forfeiture, Calvary Chapel of Costa Mesa, Inc. IS ADMONISHED for transmitting an unauthorized RMT of the EAS and failing to transmit
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- that Media Logic willfully and repeatedly violated Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $3,200 is warranted. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Media Logic LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for willfully and repeatedly violating Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules. with any questions regarding payment procedures. 15. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified
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- of our review, we conclude that Evans willfully and repeatedly violated Section 73.49 of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $3,500 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, The Evans Broadcast Company, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,500 for willfully and repeatedly violating Section 73.49 of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return
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- release of the NAL/Order, in which to either pay in full the amount of the proposed forfeiture or file a written statement seeking reduction or cancellation of the proposed forfeiture. We hereby extend the time period within which such action must be taken by thirty (30) days to March 20, 2009. 3. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311, 1.102 and 1.113 of the Commission's Rules, the Notices of Apparent Liability for Forfeiture and Orders issued in the above captioned proceedings are modified as set forth in Paragraph 1 and 2 above. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent, by Certified Mail, Return Receipt Requested, to each counsel of record in
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- Hensley's response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that the $4,000 forfeiture proposed in the NAL is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Hensley Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 73.3526(e)(12) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- statutory factors, and the matters raised by the Licensee in response to the NAL, we find that the Licensee is apparently liable for a forfeiture in the amount of $3,200. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80 of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, that RCK 1 Group, LLC IS LIABLE FOR A MONETARY FROFEITURE in the amount of three thousand two hundred dollars ($3,200) for willful violation of Section 73.1206 of the Commission's rules, 47 C.F.R. § 73.1206, as described in the paragraphs above. Payment of the forfeiture shall be made in the manner provided for in
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- no reduction or cancellation is warranted for an inability to pay. Accordingly, we find that XLNT Idea willfully and repeatedly violated Section 302(b) of the Act and Section 2.803(a) of the Rules and that a forfeiture in the amount of $14,000 is appropriate. IV. ORDERING Clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, XLNT Idea, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willful and repeated violation of Section 302(b) of the Act and Section 2.803(a) of the Rules. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified
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- justice may require.'' Cumulus has previously been found to violate Section 73.1206. Having considered the record in this case and the statutory factors, we find that Cumulus is apparently liable for a forfeiture in the amount of $6,000. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, that Cumulus Licensing LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $6,000 for violating Section 73.1206 of the Commission's rules. 12. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules that within thirty (30) days of the release date of this Notice,
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- our review, we conclude that Westin willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $12,800 is warranted. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, HST Kierland LLC d/b/a Westin Kierland Resort & Spa, Kierland Golf Club, and Starwood Vacation Ownership Arizona Management, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,800 for willfully and repeatedly violating Sections 1.903(a) of the Rules. with any questions regarding payment procedures. 16. IT IS FURTHER ORDERED that a copy
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- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Big Telephone apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Big Telephone, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
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- review, we conclude that Nevada Yellow Cab willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $6,000 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Nevada Yellow Cab Corporation DBA Yellow Cab IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. with any questions regarding payment procedures. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified
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- Bureau (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Davis. Mr. Davis has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Anthony F. Davis IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 301 of the Act. with any questions regarding payment procedures. Mr. Davis will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of
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- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Ben Lomand Rural apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Ben Lomand Rural Tel. Coop., Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether BNSF possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by First Class United States Mail to Jack Richards, Esq., Keller & Heckman LLP, 1001 G Street, N.W., Suite
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- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Ben Lomand apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Ben Lomand Communications, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT,
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- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Bellvoz apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Bellvoz Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant to
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether AIJE possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaint and allegations against the Station and/or AIJE before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED. 8.
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- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Bee Line apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Bee Line Cable IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
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- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Atlantic apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Atlantic Telecommunications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
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- Inc.'s March 10, 2008, Petition for Reconsideration IS DENIED. IT IS FURTHER ORDERED that Alaska Educational Radio System, Inc. must either resume operations from its authorized Kasilof site or file an appropriate request for silent authority within thirty days of the release date of this Order. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Alaska Educational Radio System, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for the willful and repeated violation of Section 301 of the Act and Section 73.1350 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within
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- We find, however, that a downward adjustment from $8,000 to $6,400 is warranted since Nevada Sun Peak made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Nevada Sun Peak LP IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand four hundred dollars ($6,400) for the willful and repeated violation of Section 301 of the Act and Section 1.903(a) of the Rules and the willful violation of Section 1.949(a) of the Rules. 14. IT
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- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find American Fiber apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, American Fiber Systems of Georgia, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER
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- 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Action Communications, Inc. apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Action Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT,
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- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find 800 Response apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, 800 Response Information Services LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED
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- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Buckeye apparently liable for a forfeiture of two thousand dollars ($2000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Buckeye Telesystem, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
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- to resolve the Commission's investigation. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by section 0.111 and 0.311 of the Commission's Rules, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau 47 U.S.C. § 154(i). 47 C.F.R. §§ 0.111, 0.311. Federal Communications Commission DA 09-26 DRAFT Federal Communications Commission DA 05-XXX ą ˛ _H _H _H _H M M
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- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Cherokee apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Cherokee Telephone Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
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- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find China Telecom apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, China Telecom (Americas) Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT,
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- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Communications Venture apparently liable for a forfeiture of three thousand dollars ($3,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Communications Venture Corporation dba InDigital Telecom IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER
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- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Aquis apparently liable for a forfeiture of one thousand dollars ($1,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, ComSoft Corporation dba Aquis Communications IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER
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- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Consolidated Telephone apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Consolidated Telephone Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-27A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-27A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-27A1.txt
- investigation. In the absence of material new evidence relating to this matter, we conclude there are no substantial or material questions of fact as to whether Silver Spring possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jordan Breslow, General Counsel and Secretary, Silver Spring Networks,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-280A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-280A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-280A1.txt
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Clear World apparently liable for a forfeiture of two thousand dollars ($2000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Clear World Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-282A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-282A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-282A1.txt
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find D.G.A. apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, D.G.A. Telecom, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-290A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-290A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-290A1.txt
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Isan apparently liable for a forfeiture of six thousand dollars ($6,000.00). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Isan IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000.00) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant to section
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-293A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-293A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-293A1.txt
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Tennessee apparently liable for a forfeiture of four thousand dollars ($4,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Tennessee Telephone Service, LLC d/b/a Freedom Communications USA, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate.
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-294A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-294A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-294A1.txt
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Kitchen Productions apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Kitchen Productions, Inc. d/b/a Tortoise Paging IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-296A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-296A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-296A1.txt
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find KanOkla Telephone apparently liable for a forfeiture of one thousand dollars ($1,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, KanOkla Telephone Association, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-297A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-297A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-297A1.txt
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Latino Telecom apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Latino Telecom, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-298A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-298A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-298A1.txt
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Threshold apparently liable for a forfeiture of one thousand dollars ($1,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Threshold Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-299A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-299A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-299A1.txt
- repeatedly violated section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Leflore apparently liable for a forfeiture of four thousand dollars ($4,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Leflore Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-302A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-302A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-302A1.txt
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Legacy Long Distance apparently liable for a forfeiture of two thousand dollars ($2000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Legacy Long Distance International, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-303A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-303A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-303A1.txt
- 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find M & L Enterprises apparently liable for a forfeiture of four thousand dollars ($4,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, M & L Enterprises, Inc. dba Skyline Telephone Co., Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-305A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-305A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-305A1.txt
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Liberty apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Liberty Contracting and Consulting LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-306A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-306A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-306A1.txt
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Call One apparently liable for a forfeiture of six thousand dollars ($6,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, United Communications Systems, Inc. dba Call One IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-308A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-308A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-308A1.txt
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find McClure Telephone apparently liable for a forfeiture of one thousand dollars ($1,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, McClure Telephone Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-309A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-309A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-309A1.txt
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find VDL apparently liable for a forfeiture of one thousand dollars ($1,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, VDL, Inc., d/b/a Global Telecom Brokers IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-310A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-310A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-310A1.txt
- Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Millennium Digital Media Systems, LLC, dba Broadstripe apparently liable for a forfeiture of one thousand dollars ($1,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Millennium Digital Media Systems, LLC, dba Broadstripe IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-312A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-312A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-312A1.txt
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Volunteer apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Volunteer First Services, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-315A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-315A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-315A1.txt
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Commnet apparently liable for a forfeiture of four thousand dollars ($4,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Commnet Wireless, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-316A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-316A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-316A1.txt
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Momentum Telecom, Inc. apparently liable for a forfeiture of six thousand dollars ($6,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Momentum Telecom, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-317A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-317A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-317A1.txt
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Worldwide Marketing apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Worldwide Marketing Solutions, Incorporated, IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-318A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-318A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-318A1.txt
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Angel Communications apparently liable for a forfeiture of one thousand dollars ($1,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Angel Communications LLC d/b/a Mr. Radio of Arizona Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate.
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-321A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-321A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-321A1.txt
- 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Data Radio Management apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Data Radio Management Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-322A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-322A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-322A1.txt
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find MacIntyre apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Scott C. MacIntyre IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-323A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-323A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-323A1.txt
- 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Edward Adams Associates apparently liable for a forfeiture of four thousand dollars ($4,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Edward Adams Associates, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a complaint annual CPNI certificate. 13. IT IS FURTHER ORDERED
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-324A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-324A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-324A1.txt
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Zicore apparently liable for a forfeiture of two thousand dollars ($2000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Zicore IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant to section
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-327A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-327A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-327A1.txt
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find SI2Way apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, SI2Way, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant to
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-328A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-328A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-328A1.txt
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Frank apparently liable for a forfeiture of six thousand dollars ($6,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Wayne Frank IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant to
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-331A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-331A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-331A1.txt
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Hopper apparently liable for a forfeiture of one thousand dollars ($1,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, James T. Hopper IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-332A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-332A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-332A1.txt
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Sherman apparently liable for a forfeiture of one thousand dollars ($1,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Arthur N. Sherman IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-333A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-333A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-333A1.txt
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Telebeeper apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, TeleBEEPER of New Mexico, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-334A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-334A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-334A1.txt
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Clifford Bade apparently liable for a forfeiture of one thousand dollars ($1,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Clifford Bade IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT, pursuant
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-335A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-335A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-335A1.txt
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find National Brands apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, National Brands, Inc. d/b/a Sharenet Communications Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-337A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-337A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-337A1.txt
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Netcarrier apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Netcarrier Telecom, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-338A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-338A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-338A1.txt
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Network Innovations apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Network Innovations, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-340A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-340A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-340A1.txt
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Nunn apparently liable for a forfeiture of one thousand dollars ($1,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Nunn Telephone Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-341A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-341A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-341A1.txt
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find O.R. Knutson apparently liable for a forfeiture of one thousand dollars ($1000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, O.R. Knutson IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant to
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-342A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-342A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-342A1.txt
- violated section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order. We find One Touch apparently liable for a forfeiture of six thousand dollars ($6,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, One Touch India LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000) for willfully or repeatedly violating section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-344A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-344A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-344A1.txt
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Phillips County apparently liable for a forfeiture of one thousand dollars ($1,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Phillips County Telephone Company dba PC Telcom IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-347A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-347A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-347A1.txt
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Prime Time Ventures apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Prime Time Ventures, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-348A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-348A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-348A1.txt
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find PriorityOne apparently liable for a forfeiture of three thousand dollars ($3,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, PriorityOne Telecommunications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-349A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-349A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-349A1.txt
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find ProCom apparently liable for a forfeiture of one thousand dollars ($1,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, ProCom LMR, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-350A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-350A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-350A1.txt
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Protek apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Protek Leasing Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-352A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-352A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-352A1.txt
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find DAR apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, DAR Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-357A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-357A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-357A1.txt
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Santa Rosa apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Santa Rosa Communications, Ltd. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-358A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-358A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-358A1.txt
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Santa Rosa apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Santa Rosa Telephone Cooperative, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-359A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-359A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-359A1.txt
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Santel apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Santel Communications Cooperative, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-360A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-360A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-360A1.txt
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Securetel apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Securetel Network Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-362A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-362A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-362A1.txt
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Shreveport apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Shreveport Communications Service, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-364A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-364A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-364A1.txt
- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Desktop apparently liable for a forfeiture of one thousand dollars ($1,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Desktop Media, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-367A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-367A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-367A1.txt
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Dixville Telephone apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Dixville Telephone Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-36A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-36A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-36A1.txt
- the investigation. In the absence of material new evidence relating to this matter, we conclude there are no substantial or material questions of fact as to whether T-Mobile possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by first class mail and certified mail return receipt requested to counsel for T-Mobile, David H. Solomon, Esq.,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-370A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-370A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-370A1.txt
- 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find E & F Telecom apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, E & F Telecom, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-371A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-371A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-371A1.txt
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Eastern Colorado apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Eastern Colorado Independent Networks, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-372A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-372A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-372A1.txt
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find EGIX apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, EGIX, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT, pursuant
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- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find SCTelcom apparently liable for a forfeiture of one thousand dollars ($1,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, South Central Wireless, Inc. dba SCTelcom IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER
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- 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Specialized Mobile Radio apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Specialized Mobile Radio, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED
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- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find BKT apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, BKT Telecom Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
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- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find First Mile apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, E.Com Technologies, LLC dba First Mile Technologies IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS
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- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Gabriel apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Gabriel Wireless, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
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- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find T2 Communications apparently liable for a forfeiture of one thousand dollars ($1,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, T2 Communications, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT,
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- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Ganoco apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Ganoco, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant to
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- repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Telchin apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Telchin Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant to
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- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find General Mobile Radio apparently liable for a forfeiture of six thousand dollars ($6000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, General Mobile Radio IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
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- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find GOES Telecom apparently liable for a forfeiture of two thousand dollars ($2,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, GOES Telecom, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. IT IS FURTHER ORDERED THAT, pursuant
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- the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Hartman Telephone Exchanges, Inc. apparently liable for a forfeiture of four thousand dollars ($4, 000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Hartman Telephone Exchanges, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED
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- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Highland apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Highland Communications, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT,
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- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find TeleSpan apparently liable for a forfeiture of one thousand dollars ($1,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, TeleSpan Carrier Access, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED
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- number on the National Do-Not-Call registry. We have further determined that Triple Take Lawn Care, Inc. is apparently liable for a forfeiture in the amount of $10,000. 11. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Triple Take Lawn Care, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000 for willful or repeated violations of section 64.1200(c)(2) of the Commission's rules, 47 C.F.R. § 64.1200(c)(2), and the related orders described in the paragraphs above. 12. IT IS
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- willfully or repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find each of the Companies apparently liable for a forfeiture of twenty thousand dollars ($20,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, each of the Companies listed in Appendix I of this Order are hereby LIABLE FOR A MONETARY FORFEITURE in the amount of twenty thousand dollars ($20,000) each for willfully or repeatedly violating section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit annual
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Bay possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class certified mail, return receipt requested, to Paul Cicelski, Pillsbury Winthrop Shaw Pittman LLP, 2300 N Street,
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Long Lines possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Brent Olson, Long Lines Wireless, LLC, 501 4th St,
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- we conclude that Princess K Fishing Corporation willfully and repeatedly violated Section 80.89(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $5,500 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Princess K Fishing Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,500 for willfully and repeatedly violating Section 80.89(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- Communications Commission Washington, D.C. 20554 In the Matter of LONNIE L. KEENEY Amateur Radio Operator and Licensee of Amateur Radio Station KB9RFO ) ) ) ) ) ) EB Docket No. 07-264 File No. EB-06-IH-2945 ORDER OF REVOCATION Adopted: February 25, 2009 Released: February 25, 2009 By the Chief, Enforcement Bureau: introduction By this Order of Revocation, pursuant to Section 0.111(a)(17) of the Commission's Rules, we revoke the amateur radio license held by Lonnie L. Keeney. Based on evidence of his felony conviction for child molestation, we conclude that Mr. Keeney lacks the requisite character qualifications to be and remain a Commission licensee. BACKGROUND On November 20, 2007, the Chief, Enforcement Bureau, pursuant to delegated authority, released Lonnie L. Keeney, Order
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- § 7206(1) (false statements on a tax return). Any further reference in this letter to ``your conviction'' refers to your thirteen count conviction. United States v. Ruben B. Bohuchot, Criminal Docket No. 3:07-CR-00167-L -1, Judgment (N.D. Tex. filed Nov. 14, 2008 and entered Nov. 17, 2008; amended Nov. 25, 2008) (``Ruben Bohuchot Judgment''). 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- federal funds and aiding and abetting), and 1956(h) (conspiracy to lauder monetary instruments). Any further reference in this letter to ``your conviction'' refers to your ten count conviction. United States v. Frankie Logyang Wong, Criminal Docket No. 3:07-CR-00167-L-2, Judgment (N.D. Tex. filed Nov. 14, 2008 and entered Nov. 17, 2008) (``Frankie Wong Judgment''). 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- 30, 2008) (``Ayer Plea Agreement''); United States v. Cynthia K. Ayer, 5:06-453 (001 MBS), Judgment (D. S.C. filed and entered Dec. 11, 2008) (``Ayer Judgment''). See also United States v. Cynthia K. Ayer, Criminal Docket No. 5:06-453 (001 MBS), Indictment (D. S.C. filed Apr. 19, 2006 and entered Apr. 20, 2006) (``Ayer Indictment''). 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- http://atlanta.fbi.gov/dojpressrel/pressrel08/bribery073108.htm (DOJ July 31, 2008 Press Release). See also United States v. R. Clay Harris, 1:07-CR-00287-CC, Judgment (N.D.Ga. filed and entered Dec. 24, 2008) (finalizing conviction and imposing sentence) (``Harris Judgment''); United States v. R. Clay Harris, 1:07-CR-00287-CC, Criminal Indictment (N.D.Ga. filed on Aug. 28, 2007 and entered Aug. 30, 2007) (``Harris Indictment''). 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- further find, however, that a downward adjustment of the proposed forfeiture from $16,000 to $12,800 is warranted because SES made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations prior to any Commission inquiry or initiation of enforcement action. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, SES Americom, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand eight hundred dollars ($12,800) for the willful and repeated violation of Section 301 of the Act and Section 25.102(a) of the Rules and for the willful violation of the requirement to timely file a modification
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- Commission's inquiry in this case, because such post-facto remedial efforts are not mitigating. Based on all the circumstances, and after examining forfeiture actions in other recent underwriting cases, including that cited above, we believe that a forfeiture of $5,000 is appropriate. IV. ORDERING CLAUSES 12. ACCORDINGLY, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Jones College, licensee of noncommercial educational Station WKTZ-FM, Jacksonville, Florida, is hereby NOTIFIED OF ITS APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. § 399b, and Section 73.503 of the Commission's rules, 47 C.F.R. §
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- of $2,500 is appropriate. Accordingly, applying the Forfeiture Policy Statement and the statutory factors to this case, we conclude that Ministerio is apparently liable for a forfeiture in the amount of $2,500 for willfully and repeatedly violating the Commission's Underwriting Rules. IV. ORDERING CLAUSES 10. ACCORDINGLY, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Ministerio Radial Cristo Viene Pronto, Inc., licensee of noncommercial educational Station WCRP(FM), Guayama, Puerto Rico, is HEREBY NOTIFIED OF ITS APPARENT LIABILITY FOR A FORFEITURE in the amount of $2,500 for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. § 399b, and Section 73.503 of the
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- Policy Statement and the statutory factors to this case, we conclude that Independence is apparently liable for a forfeiture in the amount of two thousand five hundred dollars ($2,500) for willfully and repeatedly violating the Commission's underwriting rules. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Independence Public Media of Philadelphia, Inc., licensee of noncommercial educational television Station WYBE(TV), Philadelphia, Pennsylvania, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand five hundred dollars ($2,500) for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. § 399b
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- of repetitions is substantially fewer and the period of time over which they aired is substantially less. Based on all the circumstances, and after examining forfeiture actions in other recent underwriting cases, we believe that a forfeiture of $2,500 is appropriate. IV. ORDERING CLAUSES 11. ACCORDINGLY, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, Cayuga County Community College, licensee of noncommercial educational Station WDWN(FM), Auburn, New York, is hereby NOTIFIED OF ITS APPARENT LIABILITY FOR A FORFEITURE in the amount of $2,500 for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. § 399b, and Section 73.503 of the Commission's rules,
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- Accordingly, applying the Forfeiture Policy Statement and the statutory factors to this case, we conclude that PRC is apparently liable for a forfeiture in the amount of twenty thousand dollars ($20,000) for apparently willfully and repeatedly violating the Commission's underwriting rules. IV. ORDERING CLAUSES 14. ACCORDINGLY, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Power Radio Corporation, licensee of noncommercial educational Station KXPW-LP, Georgetown, Texas, IS HEREBY NOTIFIED OF ITS APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. § 399b, and Sections 73.503 and 73.801 of
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- find, however, that a downward adjustment of the proposed forfeiture from $16,000 to $12,800 is warranted because Discovery made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations but prior to any Commission inquiry or initiation of enforcement action. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Discovery World Television, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand eight hundred dollars ($12,800) for willful and repeated violation of Section 301 of the Act and Section 25.201(a) of the Rules and for willful violation of Section 25.121(e) of the Rules. IT IS FURTHER
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- Capital Line's willful or repeated violation of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 180(f)(4) of the Commission's rules, 47 C.F.R. §1.80(f)(4), and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Capital Line IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $18,000 for willful or repeated violations of section 227(b)(1)(B) of the Act, 47 U.S.C. § 227(b)(1)(B), section 64.1200(a)(2) of the Commission's rules, 47 C.F.R. § 64.1200(a)(2), and the related orders described
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether PinPoint possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested,
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Modena Advertising, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $18,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders as described
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether 6 Johnson Road possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against 6 Johnson Road before the Commission related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that a
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- warranted due to Lockheed Martin's voluntary disclosure of the violations. The Commission has considered voluntary disclosure to be a mitigating factor where the licensee brings a violation to the attention of the Commission immediately upon its discovery and before any Commission action is taken. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Lockheed Martin Corporation IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-four thousand eight hundred dollars ($24,800) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
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- above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Skalecki willfully and repeatedly violated Section 301 of the Act and that the $10,000 forfeiture proposed in the NAL is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Steven A. Skalecki IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,00) for violation of Section 301 of the Act. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Account Number
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- our investigation raises no substantial or material questions of fact as to whether Yukon-Waltz possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization including that required to be an authorized common carrier. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Thomas J. Moorman, Esq., Woods & Aitken LLP,
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- is warranted. Accordingly, we find that Hannspree has willfully and repeatedly violated Section 15.117(i)(1)(iii) of the Rules, and that a forfeiture in the amount of $12,450 is appropriate, and that Hannspree is not entitled to a reduction in the amount proposed by the NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Hannspree North America, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand four hundred and fifty dollars ($12,450) for willful and repeated violation of Section 15.117(i)(1)(iii) of the Rules. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission.
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Intel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Peter K. Pitsch, Associate General Counsel, Intel Corporation, 1634
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Hughes possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Stephen D. Baruch, Senter & Lerman PLLC, 2000
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- we deny MetroPCS' Motion for Sanctions. ordering clauses IT IS ORDERED, pursuant to sections 4(i), 4(j), 201, 208, and 332 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 201, 208, and 332, and sections 1.721-1.736, 20.11, and 51.711 of the Commission's rules, 47 C.F.R. §§ 1.721-1.736, 20.11, and 51.711, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Count I of the Complaint is DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), 201, 202, 208, 251(b)(5), and 332 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 201, 202, 208, 251(b)(5), and 332, and sections 1.721-1.736, 51.301 and
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- that Saga willfully and repeatedly violated Section 301 of the Act and Section 25.102(a) of the Rules and willfully violated Section 25.121(e) of the Rules and find that no mitigating factors have been presented that warrant cancellation or reduction of the proposed $5,200 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Saga Radio Networks, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand two hundred dollars ($5,200) for willful and repeated violation of Section 301 of the Act and Section 25.102(a) of the Rules and willful violation of Section 25.121(e) of the Rules. Payment of the forfeiture shall be made in
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Inmate possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Thomas J. Navin, Esq., Wiley Rein LLP, 1776
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- need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the July 2008 and March 2009 Motions ARE GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Lisa B. Griffin Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 1 Formal Complaint, File No. EB-07-MD-005 (filed Dec. 28, 2007) (``Complaint'').
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- (10) days of the release of this Notice of Apparent Liability for Forfeiture and Order. Failure to do so may constitute an additional violation subjecting WorldNet to further penalties, including potentially higher monetary forfeitures. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Rules, WorldNet, L.L.C. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for its willful violation of a Commission Order. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture
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- of prior offenses, ability to pay, and other such matters as justice may require.43 Taking this standard into account, and based upon the facts and circumstances presented here, we find that a forfeiture in the amount of $4,000 is appropriate in this case. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Act,44 and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules,45 that Greater Boston Radio, Inc., licensee of Station WMJX(FM), Boston, Massachusetts, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for apparently willfully and repeatedly 37 KIRO, 5 FCC Rcd at 7105. 38 See id. 39 See paragraph 9, supra. 40 E.g., CBS Radio East Inc., Notice of
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- the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization, however, Halifax has agreed to refrain from applying for any new licenses for a five-year period, as stated in the Consent Decree. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the eight thousand one hundred dollar ($8,100) forfeiture imposed in the June 30, 2008 Forfeiture Order IS CANCELLED. IT IS FURTHER ORDERED that Halifax Christian Community Church, Inc. SHALL NOTIFY the Media Bureau of
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. Bright House alleges that it could not have responded fully to the LOI because the amount of time allowed for the preparation of the company's LOI response was too brief. Certain complaints received by the Commission regarding the migration of analog programming to a digital tier, however, allege that cable operators were falsely linking the programming changes
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- the investigation. In the absence of material new evidence relating to this matter, we conclude there are no substantial or material questions of fact as to whether Arkion possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Seyamak Keyghobad, Chief Executive Officer, Arkion Systems, LLC, 230
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. We reject Cox's contentions that it was not obligated to respond fully and completely to the Bureau's inquiry because it believes the LOI violates the PRA and is unenforceable. According to Cox and a letter submitted by the National Cable & Telecommunications Association, the Commission has violated the PRA by sending similar inquiries to 10 or more
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- result of our review, we reduce the forfeiture associated with the unlicensed STL violation to $4,000 and conclude that a reduction of the proposed total forfeiture to $9,600 is warranted, based on Bethune-Cookman's history of compliance with the rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Bethune-Cookman College, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of nine thousand six hundred dollars ($9,600) for violations of Section 301 of the Communications Act, and Section 11.35(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. We reject Charter's argument that the LOI raises ``serious procedural and due process concerns.'' Charter ``associates itself'' with a letter submitted by the National Cable & Telecommunications Association (``NCTA''). According to that letter, the Commission has violated the Paperwork Reduction Act by sending similar inquiries to 10 or more persons without first seeking notice and comment and
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. Harron alleges that it could not have responded fully to the LOI because the amount of time allowed for the preparation of the company's LOI response was too brief for it to arrange for the necessary disclosure of confidential material responsive to Question 8b. Certain complaints received by the Commission regarding the migration of analog programming to
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- local telephone number was listed. ICTI has also continuously for more than four years failed to maintain a meaningful staff presence at the station's main studio. We therefore propose a forfeiture in the amount of $9,000 for ICTI's willful and repeated violation of Section 73.1125. ordering clauses ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, Indianapolis Community Television, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $9,000 for willfully and repeatedly violating Section 73.1125 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release of this NAL, Indianapolis
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. As noted above, Comcast alleges that it could not have responded fully to the LOI because the amount of time allowed for the preparation of the company's LOI response was too brief. Certain complaints regarding the migration of analog programming to a digital tier, however, allege that the cable operators are falsely linking the programming changes with
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. We reject Suddenlink's contentions that it was not obligated to respond fully and completely to the Bureau's inquiry because it believes the LOI violates the PRA and is therefore unenforceable. According to Suddenlink and a letter submitted by NCTA, the Commission has violated the PRA by sending similar inquiries to 10 or more persons without first seeking
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. We reject TWC's contentions that it was not obligated to respond fully and completely to the Bureau's inquiry because it believes the LOI violates the PRA and is therefore unenforceable. According to TWC and a letter submitted by the National Cable & Telecommunications Association, the Commission has violated the PRA by sending similar inquiries to 10 or
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- should be reduced. The NAL was sent by certified mail to 1st United's last known address. 1st United has not filed a response to the NAL nor has 1st United paid the proposed forfeiture amount. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 180(f)(4) of the Rules, 1st United Tel-Com, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of four thousand dollars ($4,000) for willfully and repeatedly violating Section 503 of the Act and Section 1.80 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in section
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- 76.939. This forfeiture amount is consistent with precedent in similar cases, where companies failed to provide responses to Bureau inquiries concerning compliance with the Commission's rules despite evidence that the LOIs had been received.. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Commissions Rules, Time Warner Cable, Inc. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for its willful violation of a Commission Order and Section 76.939 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) days of the release
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- $22,500. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, that the Petition for Reconsideration filed by Rama Communications, Inc. IS GRANTED IN PART AND DENIED IN PART . IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Rama Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty two thousand five hundred dollars ($22,500) for violation of Sections 17.50, 73.49, 73.1745(a) and 73.3526 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- 76.939. This forfeiture amount is consistent with precedent in similar cases, where companies failed to provide responses to Bureau inquiries concerning compliance with the Commission's rules despite evidence that the LOIs had been received. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Commissions Rules, Time Warner Cable, Inc. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for its willful violation of a Commission Order and Section 76.939 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) days of the release
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- 76.939. This forfeiture amount is consistent with precedent in similar cases, where companies failed to provide responses to Bureau inquiries concerning compliance with the Commission's rules despite evidence that the LOIs had been received. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Commissions Rules, Cox Communications, Inc. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for its willful violation of a Commission Order and Section 76.939 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) days of the release date
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. We reject Midcontinent's contentions that it was not obligated to respond fully and completely to the Bureau's inquiry, because it believes the Commission lacks the authority to seek the information in the LOI. As stated above, the Commission has broad investigatory authority, and Midcontinent is obligated to respond to our inquiries, even if it believes them to
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- message to the consumer identified in the Appendix. We have further determined that One Stop Motors, Inc. is apparently liable for a forfeiture in the amount of $4,500. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that One Stop Motors, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(B) of the Communications Act, 47 U.S.C. § 227(b)(1)(B), sections 64.1200(a)(2) of the Commission's rules, 47 C.F.R. § 64.1200(a)(2), and the related
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- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Bela possesses the basic qualifications, including but not limited to those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111. and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaints against Bela before the Enforcement Bureau related to the above captioned investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS
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- we turn to analogous precedent relating to unauthorized operations. Consistent with this precedent, we upwardly adjust the base forfeiture by $1000 per violation, i.e., from $4000 to $5000. Thus, we propose a total forfeiture of $15,000 ($5,000 x 3 stations). IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, and 1.80 of the Rules, CruiseEmail IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willfully and repeatedly violating Section 301 of the Act and Section 1.903(a) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release
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- not uploaded on the Commission's database. Accordingly, we find that Freedom Communications did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of four thousand dollars ($4,000) issued to Tennessee Telephone Service, LLC d/b/a Freedom Communications USA, LLC in the February 26, 2009 Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class
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- revenues are the best indicator of an ability to pay a forfeiture. We have reviewed Nierman's and Kakadu's documentation and conclude that a reduction of the forfeiture to $4,500 is warranted based on Nierman's and Kakadu's inability to pay. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Mark Nierman and Kakadu Productions, Inc. ARE JOINTLY AND SEVERALLY LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand five hundred dollars ($4,500) for violations of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Eight Friends. Eight Friends has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Eight Friends IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. with any questions regarding payment procedures. Eight Friends shall also send electronic notification on the date said payment is made to NER-Response@fcc.gov. IT IS FURTHER ORDERED that a copy of
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- rules concerning advertising on noncommercial stations. The nature of the violations here reflects an unacceptable disregard for that duty and we intend to deter such behavior in the future by appropriate necessary means, including substantially higher forfeitures. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, National Farm Workers Service Center, Inc., licensee of noncommercial educational television Station KUFW (FM), Woodlake, California, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $12,500 for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. § 399b and Section 73.503(d) of
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- issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Paisa. Paisa has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Paisa IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. with any questions regarding payment procedures. Paisa shall also send electronic notification on the date said payment is made to NER-Response@fcc.gov. IT IS FURTHER ORDERED that a copy of this Order
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- and severally to Delroy Johnson, Paul Parara, and Richard Parara. Neither Delroy Johnson, Paul Parara, nor Richard Parara has filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Delroy Johnson, Paul Parara, and Richard Parara ARE JOINTLY AND SEVERALLY LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. with any questions regarding payment procedures. Delroy Johnson, Paul Parara, and Richard Parara shall also send electronic notification on the date said
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether QCC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b)of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-referenced investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class certified mail, return receipt requested, to Harisha J. Bastiampillai, Esq., Senior Attorney, Qwest Communications Company, LLC,
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- and repeated violations of section 64.1200(c)(2) of the Commission's rules and related orders, for the reasons set forth in the NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that AZ Prime One Mortgage Corporation IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $20,000 for willfully and repeatedly violating section 64.1200(c)(2) of the Commission's rules, 47 C.F.R. § 64.1200(c)(2), as described in the paragraphs above. with any questions regarding payment procedures.
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- Michele Levy Berlove, Acting Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1477 and by e-mail at Michele.Berlove@fcc.gov. Sincerely, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: United States Attorney's Office, Department of Justice (via e-mail) Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) 47 C.F.R. § 54.8(g) (2008). See also 47 C.F.R. § 0.111(a)(14). Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Benjamin Rowner, Notice of Suspension and Initiation of Debarment Proceedings, 25 FCC Rcd 3512 (Inv. & Hearings Div., Enf. Bur. 2010) (Attachment 1) (``Notice of Suspension''). 75 Fed. Reg. 20846 (April 21, 2010). See Notice of Suspension, 25 FCC Rcd at 3513-15. See
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- Michele Levy Berlove, Acting Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1477 and by e-mail at Michele.Berlove@fcc.gov. Sincerely, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: United States Attorney's Office, Department of Justice (via e-mail) Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) 47 C.F.R. § 54.8(g) (2008). See also 47 C.F.R. § 0.111(a)(14). Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Jay H. Soled, Notice of Suspension and Initiation of Debarment Proceedings, 25 FCC Rcd 3517 (Inv. & Hearings Div., Enf. Bur. 2010) (Attachment 1) (``Notice of Suspension''). 75 Fed. Reg. 20844 (April 21, 2010). See Notice of Suspension, 25 FCC Rcd at 3518-21.
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether BBG Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CMC Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether DialToneServices possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Faircall Corporation possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether GLC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Impact Network Solutions possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NWT possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NovoLink Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether OLS possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Opcom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether OneLink Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Orlando possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Quasar Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tele Uno possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TeleDias possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Arkadin possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Clarksville Mutual possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Ritter possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Lamar possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Michigan Access possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Reinbeck Municipal possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether US Telesis possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- 5 of its Request for Resolution. ordering clauses Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201, 208, and 209 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201, 208, and 209, and sections 1.727 and 64.1300-64.1320 of the Commission's rules, 47 C.F.R. §§ 1.727, 64.1300-64.1320, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Request for Resolution on the Pleadings IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 209 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and 209, and sections 1.720-1.736 and 64.1300-64.1320 of the Commission's
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- the absence of material new evidence relating to this matter, we conclude that the Bureau's investigations raise no substantial or material questions of fact as to whether GIT possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, Ginger Washburn, President, Global Information Technologies, GIT Satellite LLC,
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- that are authorized but improperly labeled. Consistent with this precedent, we propose a forfeiture of $4,000 against Wi-Ex for its marketing of improperly labeled boosters in apparent willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. iV. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Wi-Ex IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for marketing radio frequency devices that are not labeled in accordance with Section 2.925(a)(1) of the Rules, in willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. IT IS
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- that are authorized but improperly labeled. Consistent with this precedent, we propose a forfeiture of $4,000 against Cellphone-Mate for its marketing of improperly labeled amplifiers in apparent willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. iV. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Cellphone-Mate IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for marketing radio frequency devices that are not labeled in accordance with Section 2.925(a)(1) of the Rules, in willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. IT IS
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- $60,000 for Alpheus's failure to file a timely Notification and a timely Initial Communications Outage Report for a reportable network outage in apparent willful and repeated violation of Section 4.9(f) of the Rules. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Rules, Alpheus Communications, LP is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of sixty thousand dollars ($60,000) for its willful and repeated violations of Section 4.9(f) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) days of the release date of this
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Huawei possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jiangao Cui, Senior Vice President, Futurewei Technologies Inc.,
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- matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Myers is apparently liable for a forfeiture in the amount of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Christopher M. Myers is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether BroadRiver possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether B W Telcom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Comteck of Indiana possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Communications 1 possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Craw-Kan possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether DTC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1304A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1304A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1304A1.txt
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether FiberComm possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1305A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1305A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1305A1.txt
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Glenwood possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1306A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1306A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1306A1.txt
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Hamilton possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Home Long Distance possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1308A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1308A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1308A1.txt
- In response to the Omnibus NAL, each of the companies listed in the Appendix provided evidence that they had, in fact, timely submitted a CPNI certification filing for the 2007 calendar year. Accordingly, we find that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeitures in the Omnibus NAL against the companies in the attached Appendix WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS COMMISSION
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Qomo possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Qomo before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that a copy of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether GlobalNova possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1327A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1327A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1327A1.txt
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Horizon possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1328A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1328A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1328A1.txt
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether KeyArt possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1329A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1329A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1329A1.txt
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether MTC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NNTC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Nunn Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Phillips possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Pioneer possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether RTE possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Prairie Networks possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Toledo possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1337A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1337A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1337A1.txt
- conclude that our investigation raises no substantial or material questions of fact as to whether Mutual Telephone Company or Vernon Communications possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1338A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1338A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1338A1.txt
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether WUE possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Andina Corporation possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Answer Fort Smith possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Blake. Blake has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Dexter Blake IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. with any questions regarding payment procedures. Blake shall also send electronic notification on the date said payment is made to NER-Response@fcc.gov. IT IS FURTHER ORDERED that a copy of this
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Korea Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1370A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1370A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1370A1.txt
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CMOLS possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1371A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1371A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1371A1.txt
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tri-State possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1372A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1372A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1372A1.txt
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Bingo possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Advanced Paging possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Airwaves Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Axxis Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation or reduction of the $10,000 forfeiture proposed for these violations. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ayustar Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested to Ayustar Corporation at its address
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether XIT possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Marjorie Spivak, Esq., counsel for Texas RSA 1
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- indicator of an ability to pay a forfeiture. We have reviewed LSM Radio's submitted documentation and conclude that the forfeiture should be reduced to $8,500, based on its documented inability to pay the forfeiture amount proposed in the NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, LSM Radio Partners, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand five hundred dollars ($8,500) for violations of Section 11.35(a) and 73.1125(a) of the Rules. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Dialaround possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether River City Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Hearst possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Hearst Stations, Inc., Stephen Hartzell, Esq., Brooks,
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Western Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Westside Paging possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Ray's Electronics possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Page Plus possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Mobile Radio possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Huffman possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Kotana Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Teleplex possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Matthews Answering Service possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Lancaster Radio possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Rio Networks possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether International Satellite Services possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Westel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether eKit.com possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CresComm possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Alpha Message possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Clark Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Bryan 800 possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Cottonwood Holdings possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Fones West possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1500A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1500A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1500A1.txt
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Janaslani possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1501A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1501A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1501A1.txt
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Fluent possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1502A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1502A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1502A1.txt
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether The Money Store possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether The Contact Network possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1504A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1504A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1504A1.txt
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Total Communication Systems possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1505A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1505A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1505A1.txt
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Basin Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1506A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1506A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1506A1.txt
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Telstar possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1507A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1507A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1507A1.txt
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Terral Telephone possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1508A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1508A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1508A1.txt
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Signal Telecommunications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1511A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1511A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1511A1.txt
- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Kannad possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Kannad, Daniel Brenner, Esq., Hogan Lovells US
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether KLM possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1526A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1526A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1526A1.txt
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Ninetel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1527A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1527A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1527A1.txt
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Oratel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1528A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1528A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1528A1.txt
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ONS-Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1530A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1530A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1530A1.txt
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether David L. English possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1531A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1531A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1531A1.txt
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Communications Specialists possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1532A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1532A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1532A1.txt
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Flower City possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1533A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1533A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1533A1.txt
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether C & C possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1534A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1534A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1534A1.txt
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether B & C Mobile possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1535A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1535A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1535A1.txt
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Relay Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1536A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1536A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1536A1.txt
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Aroostook possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-153A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-153A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-153A1.txt
- with FCC rules is unblemished. Based on Gaston College's history of compliance and the circumstances of this case, we find that a reduction of the forfeiture amount on that basis to $8,000 is appropriate. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Section 1.80 of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Gaston College IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 (Eight Thousand Dollars) for its willful and repeated violation of Section 73.3527 of the Commission's rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the rules within 30 days of the release of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Lloyd Hoff possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1569A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1569A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1569A1.txt
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Lucky Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Quick-Tel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1571A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1571A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1571A1.txt
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NexGen Integrated Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Iscom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Innovative Processing possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether GlobalPhone possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether GeoNet possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Gateway Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether First Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Ezequiel Guido possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Circle Telephone possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Carolina possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Allcom Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- history of prior offenses, ability to pay, and other such matters as justice may require. Taking this standard into account, and based upon the facts and circumstances presented here, we find that a forfeiture in the amount of $4,000 is appropriate in this case. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, that Nassau Broadcasting III, L.L. C., licensee of Station WWEG(FM), Myersville, Maryland, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for apparently willfully and repeatedly violating Section 73.1216 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether PriorityOne possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of
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- to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation or reduction of the $10,000 forfeiture proposed for this violation. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jerry and Deborah Stevens ARE LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested to Jerry and Deborah
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- aggravating factors. Based on the precedent cited herein and applying the factors set forth in section 503(b)(2)(E) of the Act and section 1.80 of the Rules, we conclude that Turner is apparently liable for a total forfeiture of $16,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Rules, Turner Broadcasting System, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for apparently willfully violating section 310(d) of the Act and sections 25.119 and 1.948 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, that within
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CBS possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b)of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-referenced investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that the third-party complaint against CBS before the Bureau related to the above-captioned investigation as of the date of this Consent
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether New Talk possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- is warranted. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Ms. Lubin is apparently liable for a forfeiture in the amount of twenty thousand dollars ($20,000). ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Nounoune Lubin is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether World Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Global Connect possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Courtesy Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether VIP Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether International Telnet possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Range Corporation possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Madera Radio possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Suncoast possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tri-Caps possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TTI Comm possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Nex-Tech possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jeff Wick, Chief Operating Officer, Nex-Tech, Inc., 2418 Vine
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- Office (``Miami Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Myers. Mr. Myers has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Christopher M. Myers IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 301 of the Act. with any questions regarding payment procedures. Mr. Myers will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaint against the Licensee before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree IS DISMISSED. IT IS FURTHER ORDERED that a
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- absence of material new information not previously disclosed to the Bureau, we conclude that our investigations raise no substantial or material questions of fact as to whether Purple possesses the basic qualifications to hold or obtain a Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau 47 U.S.C. §§ 154(i). 47 C.F.R. §§ 0.111, 0.311. (...continued from previous page) (continued....) Federal Communications Commission FCC 10-1734 Federal Communications Commission DA 10-1734 ¨ F
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Audio-Video possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Teton possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Mobile Phone of Oklahoma possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Chapin Long Distance possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Lunex Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Maverick Media possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether McBlue possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Metro Beeper possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Milbank Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Cordova possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- an upward adjustment is warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that American Taxi is apparently liable for a forfeiture in the amount of $20,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Rules, American Taxi Shuttle and Limo, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violation of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this
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- In the absence of material new evidence relating to this matter, we conclude that our investigations raise no substantial or material questions of fact as to whether Globalstar possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Gregory J. Vogt, Law Offices of Gregory J. Vogt,
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Telecom Argentina possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Beeper People possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Texapage possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Valley Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether World Communication Center possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tim Ron Enterprises possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Radio Communications of Charleston possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Westar possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Leflore possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether X5 Solutions possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matters
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Premiere Communications Systems possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Lectronics possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Hello Pager possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether RCC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ARN possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether LaVergne's possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Keystone Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- the NAL, Amp'd Mobile provided evidence that it did not begin to provide service until January 2006, and therefore was not required to file CPNI certifications for the years prior to 2006. Accordingly, we find that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture in the NAL WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Amp'd Mobile, Inc. to its address of record. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers
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- granted an opportunity to show, in writing, why no such forfeiture should be imposed. In response to the NAL, Oneida provided evidence that it was in compliance with the Commission's CPNI rules. Accordingly, we find that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture in the NAL WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Oneida County Rural Telephone Co. to its address of record. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief
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- for its apparent violation of the Commission's rules by failing to prepare and maintain a CPNI certification that complies with section 64.2009(e). CTI filed for bankruptcy protection and is no longer active. We therefore find that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture in the NAL WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Capital Telecommunications, Inc. to its address of record. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers
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- to show, in writing, why no such forfeiture should be imposed. In response to the NAL, Key provided evidence that it was no longer a Commission licensee when the NAL was issued. Accordingly, we find that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture in the NAL WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Key Communications, LLC d/b/a West Virginia Wireless to its address of record. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant
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- an opportunity to show, in writing, why no such forfeiture should be imposed. In response to the NAL, Mechanicsville Telephone provided evidence that it was in compliance with the Commission's CPNI rules. Accordingly, we find that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture in the NAL WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Mechanicsville Telephone Company to its address of record. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaint pending before the Enforcement Bureau against the Licensee related to the above-captioned investigation as of the date of this Consent Decree IS DISMISSED. 8. IT IS FURTHER
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Peconic possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaint pending before the Enforcement Bureau against Peconic related to the above-captioned investigation as of the date of this Consent Decree IS DISMISSED. 8. IT IS FURTHER ORDERED
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- material questions of fact as to whether Puerto Rico Telephone Company, Inc., and its parent, América Mķvil, S.A.B. de C.V., possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class certified mail, return receipt requested, to Michael G. Jones, Esquire, Willkie Farr & Gallagher LLP, 1875 K Street,
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- 4. In the absence of material new evidence relating to this matter, we conclude there are no substantial or material questions of fact as to whether Callaway possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Callaway Golf Company, Terry Mahn
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Telephone Answering Service possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Alaska Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ATL Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CSM Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CTI Long Distance possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- and the Rules. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Morris is apparently liable for a forfeiture in the amount of fifteen thousand dollars ($15,000). ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Rules, Lloyd Morris is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of Apparent
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- and the Rules. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Brown is apparently liable for a forfeiture in the amount of fifteen thousand dollars ($15,000). ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Rules, Robert Brown is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice of Apparent
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- year 2007. Accordingly, we find that the companies listed in the Appendix did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeitures issued to the companies in the attached Appendix WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Easterbrooke Cellular possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ComTech21 possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether North Bell Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Go Solo Technologies possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CloseCall possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether KK Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Midwestern possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Com-Nav possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Cook Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether 01 Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1940A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1940A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1940A1.txt
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Manchester-Hartland possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1941A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1941A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1941A1.txt
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Midwest Management possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1943A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1943A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1943A1.txt
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ProPage possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1944A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1944A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1944A1.txt
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Standard Electronics possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1961A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1961A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1961A1.txt
- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether VisionTek possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against VisionTek before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that a copy of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1962A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1962A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1962A1.txt
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether X2 Comm possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1963A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1963A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1963A1.txt
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Nova Cellular possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1964A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1964A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1964A1.txt
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Pete's Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1965A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1965A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1965A1.txt
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Omnicom Paging possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1966A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1966A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1966A1.txt
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether North Sight Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1978A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1978A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1978A1.txt
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Go2tel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1979A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1979A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1979A1.txt
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether FullTel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1980A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1980A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1980A1.txt
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tel Tec possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1981A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1981A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1981A1.txt
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tularosa possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1982A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1982A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1982A1.txt
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether LTS possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1983A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1983A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1983A1.txt
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Magellan possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1984A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1984A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1984A1.txt
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether American Page Network possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1985A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1985A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1985A1.txt
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Ruddata possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1986A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1986A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1986A1.txt
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tele-Beep Paging possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1987A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1987A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1987A1.txt
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TRI-M Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-19A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-19A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-19A1.txt
- this case, the statutory factors, and the matters raised by the Licensee in response to the NAL, we affirm the NAL and issue a forfeiture in the amount of $4,000. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80 of the Commission's Rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, that Rejoynetwork, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for repeated and willful violation of Section 73.1206 of the Commission's Rules, 47 C.F.R. § 73.1206, as described in the paragraphs above and in the NAL. . IT IS FURTHER ORDERED, that a copy of this FORFEITURE
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2017A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2017A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2017A1.txt
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Mountain Paging possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2018A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2018A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2018A1.txt
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Dixie-Net possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2019A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2019A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2019A1.txt
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Litecall possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2020A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2020A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2020A1.txt
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether BendTel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2021A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2021A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2021A1.txt
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Biddeford possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2022A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2022A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2022A1.txt
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TelNet Worldwide possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2023A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2023A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2023A1.txt
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Web Fire possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2024A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2024A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2024A1.txt
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Indigo Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matters
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2025A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2025A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2025A1.txt
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Raycom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether T/A Apartment Services possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Shorelink possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether General Dynamics-Satellite Communication Services possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80, and the statutory factors to the instant case, we conclude that Vicot Chery is apparently liable for a forfeiture in the amount of $10,000. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Rules, Vicot Chery is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act. 10. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) days of the release date of this Notice of Apparent
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- such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Multicultural is apparently liable for a forfeiture in the amount of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Multicultural Radio Broadcasting Licensee, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for apparently willfully and repeatedly violating section 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within thirty days of the
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- that a reduction of the proposed forfeiture is warranted. Accordingly, pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we reduce the forfeiture to $3,500, based on Stone/Collins' inability to pay the proposed forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Stone/Collins Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand five hundred dollars ($3,500) for violations of Sections 73.49 and 73.3526 of the Rules. on the date said payment is made. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and
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- that a reduction of the proposed forfeiture is warranted. Accordingly, pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we reduce the forfeiture to $5,500, based on Rodgson's inability to pay the proposed forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Rodgson, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand five hundred dollars ($5,500) for violations of Sections 11.35, 73.49 and 73.3526 of the Rules. on the date said payment is made. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Delta possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class certified mail, return receipt requested, to Alan Tilles, Esquire, Shulman, Rogers, Gandal, Pordy & Ecker, PA, 12505 Park
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether St. Olaf possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Outfitter Satellite possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether A.M.S. Voicecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Sumrada possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Huntleigh Telecommunications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- 227 of the Act and the Commission's related rules and orders, for the reasons set forth in the NAL. III. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Meridian Marketing Group Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government for the sum of $18,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- the statutory factors to the instant case, we conclude that 6 Johnson Road Licenses is apparently liable for a forfeiture in the amount of $10,000 for its failure to maintain any quarterly issues/program lists during the current license term.. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, 6 Johnson Road Licenses, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 73.3526(e)(12). IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
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- reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by adopting the Consent Decree and terminating the referenced investigation. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Verizon
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- to the instant case, we conclude that Rama is apparently liable for a forfeiture in the amount of $25,000. We caution Rama that future violations of Commission rules may result in more severe enforcement penalties, including significantly larger forfeitures. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Rama Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of sections 73.1125(a) and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date of
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- such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Beacon is apparently liable for a forfeiture in the amount of $18,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Beacon Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for violations of Sections 73.3526(e)(12), 73.1745(a) and 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
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- statutory factors to the instant case, we conclude that Mapleton is apparently liable for a forfeiture in the amount of $10,000. We caution Mapleton that further violations of the public file rule may meet with even more severe penalties. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Mapleton License of San Luis Obispo, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Advanced possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Answerphone Services possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Utility possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Reserve Telephone possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matters
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Bluegrass possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Shared Data possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to William P. Cook and Robert G. Allen, P.C.,
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether PTI Pacifica possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Larry Knecht, Chief Financial Officer, P.O. Box 500306
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- of material new evidence relating to this matter, we conclude that the Bureau's investigations raise no substantial or material questions of fact as to whether PageData and WaveSent possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, Joseph McNeal, Manager, PageData LLC/WaveSent LLC, 6610 Overland Road,
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- specific action(s) taken to correct each of the cited violations and preclude recurrence, and specifying when the corrective actions were taken. We caution Mr. Smith that future violations of our rules may subject him to more severe enforcement penalties. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Daniel D. Smith is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of Sections 11.35(a), 17.47, 17.50 and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether 3U Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Mobilephone of Humboldt possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ImOn possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Professional Answering Service possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether User Centric possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Norlight possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to John Chuang, Corporate Counsel, Norlight, Inc., 8829 Bond Street,
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Custom Tel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Global Tech possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether HUB Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Mountain Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Telegration possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- conclude that our investigations raise no substantial or material questions of fact as to whether AT&T possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and the authority delegated by Section 0.111 and 0.311 of the Commission's rules, 47 CFR §§ 0.111 and 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned matter IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to AT&T Services, Inc., 1120
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- and affirm the forfeiture in the amount of $10,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, that the petition for reconsideration filed by Ayustar Corporation IS DENIED. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Ayustar Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Act. on the date said payment is made. IT IS FURTHER ORDERED that this Memorandum Opinion and Order shall be sent by regular mail and by certified mail,
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Liberty-Bell possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Edward S. Quill, Jr., Strategies Law Group, PLLC,
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- is apparently liable for a forfeiture in the amount of $10,000. We further order J.M.J. Radio to submit a sworn written statement within 30 days of this NAL that it is now in compliance with the Main Studio Rule. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, J.M.J. Radio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 73.1125(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Parker FiberNet possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ComputerPro possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Unitycomm possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- describing the specific action(s) taken to correct the cited violation and to preclude recurrence, and specifying when the corrective action(s) were taken. We caution Coss that future violations of our rules may subject him to more severe enforcement penalties. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Donald D. Coss is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for apparently willfully and repeatedly violating Section 73.1745(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
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- repeated violation of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that General Equipment & Supply IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $4,500 for willfully or repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders
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- and based upon additional information provided by the companies, we agree that each of the companies listed in the Appendix were not required to file a CPNI certification for calendar year 2007. Consequently, we find that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether RF Linx possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against RF Linx before the Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that a copy
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether XO possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Steve Nocella, Senior Vice President, Network Services, XO Communications,
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- forfeitures, due to the seriousness and repeated nature of the violations. In addition, we caution Mr. de Almeida that further violations of our rules may be subject to more severe enforcement penalties, including seizure of equipment and criminal sanctions. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Adilson Alves de Almeida IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven hundred fifty dollars ($750) for violations of Section 301 of the Act. . IT IS FURTHER ORDERED that a copy of this Order shall be sent both by First Class and by Certified Mail Return Receipt Requested to
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- determined are apparently violating the junk fax rules. We therefore conclude that the forfeiture proposed in the NAL should not be imposed. ordering clauses ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Section 1.80(f)(4) of the Commission's Rules, 47 C.F.R. § 1.80(f)(4), and under the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, the proposed forfeiture in the amount of $13,500 issued to CyberData, Inc. in the July 18, 2007 Notice of Apparent Liability for Forfeiture for willful and repeated violations of a Commission order WILL NOT BE IMPOSED. 8. IT IS FURTHER ORDERED that a copy of this Order shall be
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaint and allegations against the Station and/or the Licensee before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED.
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- may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Good Karma willfully and repeatedly violated Section 73.1216 of the Commission's rules and is apparently liable for a forfeiture in the amount of $4,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, that Good Karma Broadcasting, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for apparently willfully and repeatedly violating Section 73.1216 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release of this
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- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether A & W Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Kelley's Tele-Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Mobilpage possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- that an upward adjustment is warranted. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Dollar is apparently liable for a forfeiture in the amount of $12,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, DTG Operations Inc., d/b/a Dollar Rent-A-Car, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for apparently willfully and repeatedly violating Section 301 of the Act and Section 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
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- higher forfeitures for violations. In the final analysis and based on all the factors and evidence, including the extended period of unauthorized operation and BASF's size and ability to pay a forfeiture, we conclude that a forfeiture of twenty-five thousand dollars ($25,000) is appropriate. ordering clauses Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.311 and 1.80 of the Rules, BASF Corporation IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for the willful and repeated violation of section 301 of the Act and section 1.903(a) of the Rules and the willful violation of section 1.949(a) of the Rules. IT IS FURTHER ORDERED that, pursuant
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- forfeiture in the amount of $16,000. Although we exercise discretion in this instance in not imposing a higher forfeiture, we warn the Licensee that future violations of this nature may result in harsher enforcement action, including license revocation proceedings. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, that WSKQ Licensing, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for apparently willfully and repeatedly violating Section 73.1206 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Paxx Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Dunnell possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- and based upon additional information provided by the companies, we agree that each of the companies listed in the Appendix were not required to file a CPNI certification for calendar year 2007. Consequently, we find that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeitures in the Omnibus NAL against the companies in the attached Appendix WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS COMMISSION
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether MaxCell possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Ken Johnson, Esq., Counsel for Maximum Communications Cellular, LLC,
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- Based on the record before us, we conclude that our investigations raise no substantial or material questions of fact as to whether Bluegrass possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Ronald R. Smith, President, Bluegrass Cellular, Inc., 2902
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Luna Park possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the proposed forfeiture in the Notice of Apparent Liability for Forfeiture issued on January 8, 2010 against Luna Park WILL NOT BE IMPOSED. 7. IT IS FURTHER ORDERED that a copy of this Order
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- Based on the record before us, we conclude that our investigation raises no substantial or material questions of fact as to whether Centennial possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to William L. Roughton, Jr., Vice President, Legal &
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether New Start possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- the Office of Engineering and Technology's Equipment Authorization Database. In light of the foregoing, we propose a $15,000 forfeiture against Sandhill for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in section 20.19(c)(3)(ii)of the Rules. IV. ORDERING clauses Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Sandhill Communications IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willful and repeated violations of section 20.19(c)(3)(ii) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice of Apparent
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- monitor the commercial availability of hearing aid-compatible handsets and to assess CT Communications's compliance with the hearing aid compatibility handset requirements during that period. We accordingly direct CT Communications to submit the report within thirty (30) days after the release of this NAL. ORDERING clauses 11. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Champaign Telephone Company d/b/a CT Communications, Inc. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for its failure to file the required hearing aid compatibility status report in apparent willful violation of the requirements set forth in section 20.19(i)(1) of the Rules. 12. IT IS
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- forth in section 20.19(c)(3)(ii) of the Rules. We therefore find Indigo Wireless is apparently liable for a total forfeiture of $39,000 for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in section 20.19(c)(3)(ii) of the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Indigo Wireless, Inc. IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirty-nine thousand dollars ($39,000) for willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice of
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- the base forfeiture amount from $15,000 to $19,500 is warranted. We therefore propose a $19,500 forfeiture against Epic Touch for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in section 20.19(c)(3)(ii) of the Rules. IV. ORDERING clauses 15. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Epic Touch Co., Inc. IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand five hundred dollars ($19,500) for willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date
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- Mt. Rushmore willfully and repeatedly violated Sections 1.903(a), 1.947(a), 11.35(a), 73.3526, and 74.532(e) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $17,500 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Mt. Rushmore Broadcasting, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,500 for willfully and repeatedly violating Sections 1.903(a), 1.947(a), 11.35(a), 73.3526, and 74.532(e) of the Rules. IT IS FURTHERED ORDERED THAT, within 30 days of the release of this Order, Mt. Rushmore Broadcasting, Inc., file with the District Director,
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- to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation or reduction of the $13,000 forfeiture proposed for these violations. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Verizon Wireless (VAW) LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Sections 17.4 and 17.21 of the Rules. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested to Verizon
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- a reduction based on an inability to pay and therefore such request is denied. We do find, however, that a reduction is warranted based on Abacus's history of compliance with the Commission's Rules and we reduce the forfeiture amount on that basis to $3,200. Ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules that Abacus Television IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand two hundred dollars ($3,200) for willful and repeated violation of 47 C.F.R. § 1.903(a). with any questions regarding payment procedures. Abacus Television shall also send electronic notification on the date said payment is made to NER-Response@fcc.gov. IT IS FURTHER
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- we conclude that SDACH willfully and repeatedly violated Sections 1.903(a), 1.903(b), and 11.35(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $15,200 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Seventh-Day Adventist Community Health Serv. of Greater NY, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $15,200 for willfully and repeatedly violating Sections 1.903(a), 1.903(b), and 11.35(a). IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to
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- repeatedly violated Section 73.3526(e)(12) of the Rules, based upon its inability to pay, we conclude that pursuant to Section 503(b) of the Act and the Forfeiture Policy Statement, reduction of the $10,000 forfeiture to $5,000 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, R-S Broadcasting Company, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for willfully and repeatedly violating Section 73.3526(e)(12) of the Rules. with any questions regarding payment procedures. R-S Broadcasting Company, Inc. shall also send electronic notification on the date said payment is made to NER-Response@fcc.gov. IT IS FURTHER ORDERED
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- by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Motion to Withdraw Petition for Temporary Stay IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 1.1401-1.1418, and the authority delegated in
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- authority. We find, however, that a downward adjustment from $8,000 to $6,400 is warranted since the University made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, the University of San Diego IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand four hundred dollars ($6,400) for the willful and repeated violation of Section 301 of the Act and Section 1.903(a) of the Rules and the willful violation of Section 1.949(a) of the Rules. 14.
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- by failing to submit an annual compliance certificate, have apparently willfully or repeatedly violated section 64.2009(e) of the Commission's rules. We find each of the Companies apparently liable for a forfeiture of twenty five thousand dollars ($25,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, each of the Companies listed in Appendix I of this Order are hereby LIABLE FOR A MONETARY FORFEITURE in the amount of twenty five thousand dollars ($25,000) each for willfully or repeatedly violating section 64.2009(e) of the Commission's rules by failing to submit annual compliance certificates. IT IS FURTHER ORDERED THAT, pursuant to section
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- by failing to submit an annual compliance certificate, have apparently willfully or repeatedly violated section 64.2009(e) of the Commission's rules. We find each of the Companies apparently liable for a forfeiture of twenty five thousand dollars ($25,000). ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, each of the Companies listed in Appendix I of this Order are hereby LIABLE FOR A MONETARY FORFEITURE in the amount of twenty five thousand dollars ($25,000) each for willfully or repeatedly violating section 64.2009(e) of the Commission's rules by failing to submit annual compliance certificates. IT IS FURTHER ORDERED THAT, pursuant to section
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- v. Leonard Douglas LaDuron, Criminal Docket No. 2:08CR20055-001-KHV, Judgment (D. Kan. filed and entered Dec. 23, 2009) (``Leonard LaDuron Judgment''). See also United States v. Leonard Douglas ``Doug'' LaDuron, Criminal Docket No. 2:08CR20055-001-KHV, Indictment, 1-10, 11-14 (D. Kan. filed Apr. 24, 2009 and entered Apr. 25, 2009)(Counts 1 and 3)(``LaDuron Indictment''). 47 C.F.R. § 54.8. See also 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- willful and repeated violation of Section 301 of the Act and Section 1.903(a) of the Rules for apparently operating a radio station on frequency 123.300 MHz without Commission authority. Therefore, Lubbock Aero is apparently liable for a forfeiture in the amount of $10,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Lubbock Aero IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for the willful and repeated violation of Section 301 of the Act and Section 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of
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- Based on the record before us, we conclude that our investigation raises no substantial or material questions of fact as to whether Cablevision possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Paul Jamieson, Managing Counsel, Legislative and Regulatory Affairs,
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- investigation. 4. In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as towhether Comtel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDEREDthat, pursuant to Section 4(i) of the Act,3and Sections 0.111 and 0.311 ofthe Commission's Rules,4the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigationIS TERMINATED. 147 U.S.C. § 254(d). 247 C.F.R. § 54.706. 347 U.S.C. § 154(i). 447 C.F.R. §§ 0.111, 0.311. Federal Communications Commission DA 10-418 2 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Samsung possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Joseph (Joon Kyo) Cheong, Vice President and Chief
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- base forfeiture is an appropriate penalty for the violation in this case, and therefore, we find that Birach is apparently liable for a forfeiture in the amount of $7,000 for a violation of Section 73.1125 of the Commission's rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Birach Broadcasting Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Section 310(d) of the Act and Section 73.1125 of the Commission's Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, that within thirty
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- base forfeiture is an appropriate penalty for the violation in this case, and therefore, we find that Birach is apparently liable for a forfeiture in the amount of $7,000 for a violation of Section 73.1125 of the Commission's rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Birach Broadcasting Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Section 310(d) of the Act and Section 73.1125 of the Commission's Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, that within thirty
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- evidence relating to this matter, we conclude that our investigations raise no substantial or material questions of fact as to whether Univision possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that all investigations regarding possible violations by Univision Radio, Inc. of 47 U.S.C. §§ 317, 508 and 47 C.F.R. § 73.1212 being conducted by, or pending before, the Federal Communications Commission ARE TERMINATED, and that any third-party complaints and/or information alleging violations of
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- exemption, we direct Complainants to return Exhibits A-C in accordance with the procedure set forth in section 1.731(e) of the Commission's rules. VI. ORDERING CLAUSES 31. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 201, and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 201, and 208, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the above-captioned complaint IS GRANTED IN PART to the extent described herein and is otherwise DENIED and DISMISSED WITH PREJUDICE, and that this proceeding is TERMINATED. 32. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C.
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- any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the 503(b) factors to the facts and circumstances presented here, we find that a proposed forfeiture in the amount of $4,000 is appropriate in this case. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, that Journal Broadcast Corporation, licensee of Station KJOT(FM), Boise, Idaho, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for apparently willfully and repeatedly violating Section 73.1216 of the Commission's rules. 14. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30)
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- Berlove, Acting Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1477 and by e-mail at Michele.Berlove@fcc.gov. Sincerely, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Marietta Parker, United States Attorney's Office, Department of Justice (via e-mail) Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) 47 C.F.R. § 54.8(g) (2008). See also 47 C.F.R. § 0.111(a)(14). Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Leonard Douglas LaDuron, Notice of Suspension and Initiation of Debarment Proceedings, 25 FCC Rcd 142 (Inv. & Hearings Div., Enf. Bur. 2010) (Attachment 1)(``Notice of Suspension''). 75 Fed. Reg. 3732 (Jan. 22, 2010). See Notice of Suspension, 25 FCC Rcd at 143-45. See
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Enhanced Vision possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Kamran Siminou, Chief Executive Officer, Enhanced Vision, 5882
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaint and allegations against the Station and/or the Licensee before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree IS DISMISSED.
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- United States v. Benjamin Rowner, Criminal Docket No. 1:08-cr-00464-1, Plea Agreement (N.D. Ill. filed July 10, 2008 and entered July 14, 2008) (``Rowner Plea''); United States v. Benjamin Rowner and Jay H. Soled, Criminal Docket No. 1:08-cr-20047-01-02 CM/JPO, Information (D. Kan. filed and entered Apr. 23, 2008) (``Rowner and Soled Information''). 47 C.F.R. § 54.8; see also 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- and the statutory factors to the instant case, we conclude that Connecticut Radio Fellowship, Inc. willfully and repeatedly violated Section 73.3526 of the Commission's rules and is apparently liable for a forfeiture in the amount of one thousand two hundred fifty dollars ($1,250). ORDERING CLAUSES ACCORDINGLY, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, Connecticut Radio Fellowship, Inc., licensee of Station WIHS(FM), Middletown, Connecticut, IS HEREBY NOTIFIED OF ITS APPARENT LIABILITY FOR A FORFEITURE in the amount of one thousand two hundred fifty dollars ($1,250) for willfully and repeatedly violating Sections 73.3526(c)(1) and (e)(5) of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Motorola possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Steve Sharkey, Senior Director, Regulatory and Spectrum Policy,
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Airspan possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Eric D. Stonestrom, CEO, President and Executive Director,
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- the foregoing facts, we are satisfied that the parties have shown good cause for granting the request to dismiss the complaint. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Motion to Withdraw IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311
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- the Enforcement Bureau (``Houston Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $18,000 to KFW. KFW has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, KFW Communications LLC dba Almega Cable Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $18,000 for violations of Sections 11.35(a), 17.48, and 17.51(a) of the Rules. with any questions regarding payment procedures. KFW will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS
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- the Enforcement Bureau (``Houston Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $20,000 to KFW. KFW has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, KFW Communications LLC dba Almega Cable Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for violations of Sections 11.35(a), 17.4(g), 17.48, and 17.51(a) of the Rules. with any questions regarding payment procedures. KFW will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT
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- for its marketing of phone jammers in the United States in apparent willful and repeated violation of the requirements set forth in Section 302(b) of the Act and Section 2.803 of the Rules. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Rules, Phonejammer.com is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty five thousand dollars ($25,000) for its willful and repeated violation of Section 302(b) of the Act and Section 2.803 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) days of the
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaints and allegations against the Station and/or Licensee before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED. 8.
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Axxcelera possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Axxcelera Broadband Wireless, Inc., Jack Richards, Keller
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- the Forfeiture Policy Statement, and the matters raised by the WXDJ in response to the NAL, we affirm the NAL and issue a forfeiture in the amount of $16,000. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended , Section 1.80 of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, WXDJ Licensing, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of sixteen thousand dollars ($16,000) for repeated and willful violation of Section 73.1206 of the Commission's rules, as described in the paragraphs above. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's rules,
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- In the absence of material new evidence relating to this matter, we conclude that our investigations raise no substantial or material questions of fact as to whether ComSpan possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by certified mail, return receipt requested, to Mr. Jimmy Byrd, Chief Executive Officer, ComSpan Communications Inc., 6405 Mira Mesa
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- Inc. will serve the public interest by eliminating the need for further litigation as between these two parties. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j) and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 4(i), 4(j) and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Motion to Dismiss defendants CCI Communications, Inc.; Creative Communications, Inc.; and Link Systems, Inc. IS GRANTED and the complaint IS DISMISSED WITH PREJUDICE as to defendants CCI Communications, Inc.; Creative Communications, Inc.; and Link Systems, Inc., and that this proceeding IS TERMINATED as to defendants CCI Communications,
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- Bureau (``Houston Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Senat. Mr. Senat has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Balthazard Senat IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 301 of the Act. with any questions regarding payment procedures. Mr. Senat will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of this
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- 227 of the Act and the Commission's related rules and orders, for the reasons set forth in the NALs. III. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Cost Crunch, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $22,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related orders. with
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- are reducing the forfeiture amount, we order HTV to file a report with the Honolulu Office detailing its compliance with Sections 73.1225(a), 73.1125(c) and 73.3526 of the Rules, within 30 days of the date of this Order. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, HTV/HTN/Hawaiian TV Network, Ltd., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $1,000 for willfully and repeatedly violating Sections 73.1225(a), 73.1125(c) and 73.3526 of the Rules. IT IS FURTHERED ORDERED THAT, within 30 days of the release of this Order, HTV/HTN/Hawaiian TV Network, Ltd., file with the Honolulu Resident Agent Office,
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- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Caribevision is apparently liable for a $12,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Caribevision Station Group, L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Sections 11.35(a) and 74.735(b)(2) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
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- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Hubbard is apparently liable for a $22,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Hubbard Advertising Agency, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-two thousand dollars ($22,000) for violations of Sections 11.35(a), 73.1745(a) and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
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- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that World Media is apparently liable for $21,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, World Media Broadcast Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for violations of Sections 11.35(a), 73.1400(a)(1)(ii) and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
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- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Telefutura Partnership of Douglas is apparently liable for an $8,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Telefutura Partnership of Douglas is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Section 11.35 of the Commission's Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice
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- of a change in ownership information for antenna structure # 1219542, in violation of Section 17.57 of the Rules. Despite evidence that Burken received the NAL, Burken has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Burken Broadcasting, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for repeatedly violating Section 17.57 of the Rules. with any questions regarding payment procedures. Burken Broadcasting, LLC, shall also send electronic notification on the date said payment is made to WR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy
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- $5,000 to Tropicana for operation of radio transmitters without a license, in violation of Section 301 of the Act. Despite evidence that Tropicana received the NAL, Tropicana has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Tropicana Products, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for willfully and repeatedly violating Section 301 of the Act. with any questions regarding payment procedures. Tropicana Products, Inc., shall also send electronic notification on the date said payment is made to WR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that
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- of a change in ownership information for antenna structure # 1014422, in violation of Section 17.57 of the Rules. Despite evidence that MRBI received the NAL, MRBI has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Multicultural Radio Broadcasting, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for repeatedly violating Section 17.57 of the Rules. with any questions regarding payment procedures. Multicultural Radio Broadcasting, Inc., shall also send electronic notification on the date said payment is made to WR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that
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- Commission's Rules and with a valid authorization granted by the Commission, in violation of Section 1.903(a) of the Rules. Despite evidence that Shimmick-Obayashi received the NAL, Shimmick-Obayashi has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Shimmick Construction Company Inc./Obayashi Corporation, Joint Venture, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for repeatedly violating Section 1.903(a) of the Act. with any questions regarding payment procedures. Shimmick Construction Company Inc./Obayashi Corporation, Joint Venture, shall also send electronic notification on the date said payment is made to WR-Response@fcc.gov.
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- the investigation. In the absence of material new evidence relating to this matter, we conclude there are no substantial or material questions of fact as to whether Entone possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Entone before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 7. IT IS FURTHER ORDERED that a copy of
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- $16,000, $12,000 for TCT Mobile's apparent willful and repeated failure to file required forms in violation of Section 20.19(i)(1) and $4,000 for its apparent willful failure to respond to a communication from the Commission. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Rules, TCT Mobile, Ltd. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for its failure to file required hearing aid compatibility status reports in willful and repeated violation of Section 20.19(i)(1) of the Rules and for its willful violation of a Commission order. IT IS FURTHER ORDERED
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- issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Rolon. Rolon has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Marixsa Rolon IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. with any questions regarding payment procedures. Rolon shall also send electronic notification on the date said payment is made to NER-Response@fcc.gov. IT IS FURTHER ORDERED that a copy of this
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- issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Reid. Reid has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ronald Reid IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. with any questions regarding payment procedures. Reid shall also send electronic notification on the date said payment is made to NER-Response@fcc.gov. IT IS FURTHER ORDERED that a copy of this
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether HBC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Hiawatha Broadband Communications, Inc.
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Shoreham possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Shoreham Telephone Company, Inc.
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- with the Forfeiture Policy Statement. As a result of our review, we reduce the forfeiture associated with the tower lighting violation to $2,000 and reduce the total forfeiture to $4,000 based on ECPI's history of compliance with the rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Electronic Corporate Pages, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Sections 17.51 and 17.57 of the Rules. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested to Electronic
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- In carrying out this obligation, a broadcast licensee must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Numerous Commission decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Sections 0.111(a)(16) and 0.311 of the rules. We have previously considered and rejected Fox's arguments concerning our authority to request information concerning stations that aired the January 3, 2010 episode of ``American Dad.'' Commission precedent holding that forfeiture penalties will be assessed only against the licensee of a station in a market in which there was a viewer complaint filed with the
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- adjustment in the forfeiture amount of $5,000 is warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Hays is apparently liable for a forfeiture in the amount of $15,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Rules, John Hays is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of section 301 of the Act and sections 95.410 and 95.411 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days of
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CBW possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jouett K. Brenzel, Corporate Counsel, Cincinnati Bell Wireless LLC,
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NewCom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by both first class and certified mail, return receipt requested, to NewCom International, Inc. at 15590 NW 15th Ave., Miami, FL 33169 and to its counsel, Frank G. Lamancusa, Bingham
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- MHz without the requisite Commission authorization. Accordingly, pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we conclude that cancellation of the forfeiture is unwarranted and impose a forfeiture in the amount of $20,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, American Taxi Shuttle and Limo, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of section 301 of the Act. on the date said payment is made. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both First
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- a number of factors including, but not limited to, the number of antenna structures in the array, the duration of the failure to update registration, and the level of difficulty involved in contacting errant antenna structure owners. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Lazer Broadcasting Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for repeatedly violating section 17.57 of the Rules. with any questions regarding payment procedures. Lazer Broadcasting Corporation will also send electronic notification on the date said payment is made to WR-Response@fcc.gov. IT IS FURTHER ORDERED that a copy
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Smith Bagley possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Smith Bagley, Inc., Todd Slamowitz,
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- Office (``Miami Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $20,000 to Mr. Bazile. Mr. Bazile has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Marckenson Bazile IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for violations of section 301 of the Act. with any questions regarding payment procedures. Mr. Bazile shall also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of
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- and terminating the investigation. In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact concerning UTC's basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Union Telephone Company, David L. Nace,
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- that Station WLSW is now in compliance with section 73.3526 of the Rules. This statement must be provided to the Enforcement Bureau at the address listed in paragraph 13 within thirty days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314 and 1.80 of the Commission's Rules, L. Stanley Wall is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of section 73.3526(e)(12)of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether DRS Technologies possesses the basic qualifications, including those related to character, to hold or obtain a Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent both by Certified Mail - Return Receipt Requested and by regular mail to Audrey S. Stern, Vice President and Senior
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Southwest Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman, Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Southwest
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether LGT possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of LGT
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- statement must be provided to the Houston Office at the address listed in paragraph 16 within thirty days of the release date of this NAL. Failure to comply with this requirement could subject the licensee to additional enforcement actions. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, Vision Latina Broadcasting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of sections 73.1125 and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date
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- absence of material new evidence relating to this matter, we conclude that the Bureau's investigation raises no substantial or material questions of fact as to whether Compass Global possesses the basic qualifications, including those related to character, to hold or obtain a Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by Certified Mail - Return Receipt Requested to counsel for Compass, Inc., d/b/a Compass Global, Inc., Jonathan S. Marashlian,
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- in writing, why no such forfeiture should be imposed. Upon review of the record, and based upon additional information provided by the companies, we agree that no forfeiture penalties should be imposed on each of the companies listed in the Appendix. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Catamount before the Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that a copy
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Chico before the Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that a copy
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CCI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of CCI
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Public Service Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Public
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- Commission's rules by failing to provide the required sponsorship identification announcement for the VNR material used in the Station's June 19, 2006, broadcast. We conclude that Fox is liable for a forfeiture in the amount of four thousand dollars ($4,000). ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, that Fox Television Stations, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for its willful violation of section 317 of the Communications Act of 1934, as amended, and section 73.1212 of the Commission's rules. . IT IS FURTHER ORDERED, that a copy of this NAL
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- Office (``Miami Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Robinson. Mr. Robinson has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Antonio Robinson IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of section 301 of the Act. with any questions regarding payment procedures. Mr. Robinson shall also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of
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- of $8,000 is appropriate for each one of the eight separate domestic substantial transfers of control without prior Commission approval. Based on the facts and circumstances presented, we conclude that a proposed forfeiture of $8,000 against each of the ATMS Subsidiaries is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.311, 0.314 and 1.80 of the Rules, BLC Acquisition Group, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for apparently willfully or repeatedly violating section 214(a) of the Act and sections 63.03 and 63.04 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 503(b) of the Act
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ReconRobotics possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class and certified mail, return receipt requested, to counsel for ReconRobotics, Inc., Mitchell Lazarus, Fletcher, Heald
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- (3) a complete public inspection file is available at Station WGTM(AM)'s main studio. This statement must be provided to the Norfolk Office at the address listed in paragraph 16 within thirty days after the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's Rules, Spirit Broadcasting, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of sections 11.35, 73.49, and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Toly Digital possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Toly
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Advance Business Integration possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Advanced
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Call-O-Call possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Call-O-Call,
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- forfeiture to $5,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to section 405 of the Communications Act of 1934, as amended, and section 1.106 of the Rules, that the Petition for Reconsideration filed by Christopher M. Myers IS GRANTED IN PART AND DENIED IN PART. IT IS ALSO ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Christopher M. Myers IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for violations of section 301 of the Act. on the date said payment is made. IT IS FURTHER ORDERED that this Memorandum Opinion and Order shall be sent by both regular mail and by certified mail, return
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether AccessCom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of AccessCom,
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- Forfeiture Policy Statement. As a result of our review, we conclude that Mr. Alleyne and Ms. White willfully and repeatedly violated section 301 of the Act and that the $10,000 forfeiture proposed in the NAL is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Andre Alleyne and Jessie White ARE JOINTLY AND SEVERALLY LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating section 301 of the Act. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to
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- be imposed. The good faith compliance measures described above, the unusual circumstances preventing construction, and the appointment of a receiver are all relevant to our consideration of any forfeiture, and in this case to our determination to impose no forfeiture penalty. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to Spirit of Alaska Broadcasting, Inc., in the above captioned proceeding WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent both by First Class Mail and Certified Mail Return Receipt Requested to Spirit of Alaska Broadcasting, Inc., at 2200
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- imposed. Upon review of the record and based upon additional information provided by RAMCO, we are persuaded that RAMCO did not own the antenna structure during the violations cited in the NAL and agree that no forfeiture penalty should be imposed. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Rules, the proposed forfeiture issued to RAMCO Broadband Services WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to RAMCO Broadband Services at 726 US Highway 202 Suite 320-119, Bridgewater, NJ 08807-2737. FEDERAL COMMUNICATIONS COMMISSION
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- Act, Dezco Communications was granted an opportunity to show, in writing, why no such forfeiture should be imposed. Upon review of the record, and based upon additional information provided by Dezco Communications, we agree that no forfeiture penalty should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to Dezco Communications WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Dezco Communications, Inc., Attn. Ronald F. Zeiler, President, 13506 S. Kenton St., Crestwood, IL 60445. FEDERAL COMMUNICATIONS COMMISSION
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- Services was granted an opportunity to show, in writing, why no such forfeiture should be imposed. Upon review of the record, and based upon additional information provided by Galaxy Internet Services, we agree that no forfeiture penalty should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to Galaxy Internet Services WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Galaxy Internet Services, Attn. Robert Carp, President, 188 Needham St., Suite 110R, Newton, MA 02464. FEDERAL
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- Office (``Miami Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $22,000 to Ms. Smith. Ms. Smith has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Judith V. Smith IS LIABLE FOR A MONETARY FORFEITURE in the amount of $22,000 for violations of sections 301 and 303(n) of the Act. with any questions regarding payment procedures. Judith V. Smith shall also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED
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- Department of Justice (via e-mail) Stephanie Toussaint, Antitrust Division, United States Department of Justice (via e-mail) Any further reference in this letter to ``your conviction'' refers to your conviction of count one in Case No. 10-324-L. United States v. Barrett C. White, Criminal Docket No. 10-324-L, Judgment (E.D.LA. filed June 9, 2011) (``Judgment''). 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that HK Media is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, HK Media, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date of this
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- Equipment Authorization and the Commission's Rules. This statement must be provided to the Enforcement Bureau at the address listed in paragraph 23 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture and Order. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Commission's Rules, Rapidwave, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for apparently willfully and repeatedly violating sections 301 and 302(b) of the Act, and sections 15.1(b) and 15.1(c) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's
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- Rules, and the statutory factors to the instant case, we therefore conclude that Sling is apparently liable for a forfeiture of $20,000 for unlicensed operation in violation of section 301 of the Act and section 15.1(b) of the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, Sling Broadband, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of section 301 of the Act and section 15.1(b). IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the release date
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- its U-NII transmitter is operating. This statement must be provided to the San Juan Office at the address listed in paragraph 20 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture and Order. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Ayustar Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of sections 301, and 302(b) of the Act and sections 15.1(b) and 15.1(c) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within
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- Authorization and the Commission's Rules. This statement must be provided to the Kansas City Office at the address listed in paragraph 17 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture and Order. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, Insight Consulting Group of Kansas City, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violations of section 301 of the Act and section 15.1(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules
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- Office (``Miami Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Rhodd. Mr. Rhodd has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Mikhail Rhodd IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of section 301 of the Act. with any questions regarding payment procedures. Mikhail Rhodd shall also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of
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- is attached hereto and incorporated herein by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation without imposing a forfeiture. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111, 0.204, 0.311, and 0.314 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED without imposing a forfeiture. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class and certified mail, return receipt requested, to Mr.
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- of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Companies possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Act, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-referenced investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class certified mail, return receipt requested, to counsel for the Companies, Timothy J. Cooney, Esq., Wilkinson Barker
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- principal served as counsel for Brevard, Community or their boards. This argument does not warrant further discussion. Consent Decree. Petitioners' argument that the Commission granted Carus ``special treatment'' by entering into a Consent Decree is likewise meritless. In fact, consent decrees do not constitute ``special treatment'' but represent a tool the Commission commonly uses to efficiently resolve investigations. Indeed, Section 0.111 of the Rules expressly authorizes the Enforcement Bureau to enter into consent decrees, and Commission decisions about whether to enter into a consent decree are committed to the agency's nonreviewable discretion. Therefore, this argument fails. NCN Modification Applications. Finally, Petitioners argue that NCN's plan to move the Stations solely to link a translator network is not in the public interest.
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Alpheus possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture issued by the Bureau against Alpheus on July 6, 2010 IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be
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- Office (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $12,000 to Miller Communications. Miller Communications has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Miller Communications, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,000 for violations of section 303(q) of the Act and sections 17.47(a) and 17.51(a) of the Rules. with any questions regarding payment procedures. Miller Communications, LLC shall also send electronic notification on the date said payment is made to
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- Department of Justice (via email) Marvin Opotowsky, Antitrust Division, United States Department of Justice (via email) Any further reference in this letter to ``your conviction'' refers to your conviction in United States v. Tyrone D. Pipkin, Criminal Docket Nos. 10-325 and 11-15 ``A'', Judgment (E.D.LA. filed June 21, 2011) (``Tyrone Pipkin Judgment''). See 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- of material new evidence relating to this matter, we conclude that the Bureau's investigation raises no substantial or material questions of fact as to whether STi and Progress possess the basic qualifications, including those related to character, to hold or obtain a Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by Certified Mail - Return Receipt Requested to counsel for STi Telecom Inc. and Progress International, LLC, David L.
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- Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Ford. Mr. Ford has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Patrick Michael Ford, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of section 301 of the Act. with any questions regarding payment procedures. Mr. Ford shall also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether New Bridge possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of New
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- Class B digital audio RF device without the mandatory disclosures to consumers in the device's user manual in apparent willful and repeated violation of section 302(b) of the Act and sections 2.803(a)(2) and 15.105(b) of the Rules. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80 of the Commission's rules, Marshall Amplification PLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand two hundred dollars ($7,200) for marketing a Class B digital audio radio frequency device without including the requisite consumer disclosure language in the device's user manual in apparent willful and repeated violation of section
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ValuTel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ValuTel
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- $8,000 to the combined base forfeiture of $17,000 is warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Gutierrez is apparently liable for a $25,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314, and 1.80 of the Rules, Estevan J. Gutierrez is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violation of sections 301 and 333 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days of the release date of this
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NUI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Act, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-referenced investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class certified mail, return receipt requested, to Michael Landreth, Chief Financial Officer, BroadRiver Communication Corporation, 1000 Hemphill
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Saving Call possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Saving
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- as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Washington Gas is apparently liable for a total forfeiture in the amount of $13,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, Washington Gas Light is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars $13,000 for violations of sections 17.51(a), 17.48, and 17.57 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the release date
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- violations. Therefore, based on all the factors and evidence, including the extended period of unauthorized operation and Northeast Utilities' ability to pay a forfeiture, we find that an upward adjustment of the base forfeiture is warranted. Accordingly, we propose a forfeiture of $19,000. iv ordering clauses Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.311, and 1.80 of the Rules, Northeast Utilities Service Company IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand dollars ($19,000) for the willful and repeated violation of section 301 of the Act and section 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty
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- in writing, why no such forfeiture should be imposed. Upon review of the record, and based upon additional information provided by the companies, we agree that no forfeiture penalties should be imposed on each of the companies listed in the Appendix. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Telebeep possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Telebeep,
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- abate the ongoing safety hazard to air traffic control. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Power is apparently liable for a forfeiture of $12,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, Power Ministries is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of section 73.1660(a)(2) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice
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- or mitigate any prior forfeitures or violations. For these reasons, pursuant to section 503(b) of the Act, and in conjunction with the Forfeiture Policy Statement, we conclude that cancellation or reduction of the proposed $14,000 forfeiture is not warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Crocodile Broadcasting Corp., Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violations of sections 73.1745(a) and 73.3526 of the Rules. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by both First Class and Certified Mail Return Receipt
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- Forfeiture Order. ordering clauses Accordingly, IT IS ORDERED that, pursuant to section 405 of the Communications Act of 1934, as amended, and section 1.106 of the Rules, that the Petition for Reconsideration filed by Mt. Rushmore Broadcasting, Inc., IS DENIED and the Forfeiture Order IS AFFIRMED. IT IS ALSO ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Mt. Rushmore Broadcasting, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of seventeen thousand, five hundred dollars ($17,500) for violations of sections 1.903(a), 1.947(a), 11.35(a), 73.3526, and 74.532(e) of the Commission's rules. with any questions regarding payment procedures. Mt. Rushmore Broadcasting, Inc., shall also send electronic notification to WR-Response@fcc.gov on the date
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Accutel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Accutel
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Revolution Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Revolution
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- because it has not received a prior violation during its thirteen-year history. We have examined the record and agree. Accordingly, we further reduce the total forfeiture from $12,500 to $10,000 based on Taylor's history of compliance with the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Taylor Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of sections 17.48(a) and 73.3526 of the Commission's rules. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail, Return Receipt Requested,
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- providing international telecommunications services [is] egregious.'' Given these considerations and consistent with precedent, we conclude that a forfeiture of $100,000 is warranted for FTTH's apparent willful and repeated failure to obtain section 214 authority from the Commission prior to providing international telecommunications service. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.311, 0.314 and 1.80 of the Rules, FTTH Communications LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of one hundred thousand dollars ($100,000) for apparently willfully and repeatedly violating section 214(a) of the Act and section 63.18 and 63.04 of the Rules. , Pamela.Kane@fcc.gov, and Robert.Krinsky@fcc.gov. , Pamela Kane at Pamela.Kane@fcc.gov, and Robert.Krinsky at
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources by the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.1401-1.1418, that the Motion is GRANTED, and that the Complaint IS DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Joint Motion For Dismissal With Prejudice, File No. EB-11-MD-007 (filed August 16, 2011) (``Motion''). Complaint, File No. EB-11-MD-007 (filed June 15, 2011)
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- EAS equipment has been installed for the Meriden and Jefferson cable systems. This statement must be provided to the Kansas City Office at the address listed in paragraph 16 within thirty days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, SCI Cable Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE AND ORDER in the amount of thirteen thousand dollars ($13,000) for violations of sections 11.35 and 76.1803 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the
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- EAS equipment has been installed for the Perry and Lecompton cable systems. This statement must be provided to the Kansas City Office at the address listed in paragraph 15 within thirty days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, SCI Cable Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE AND ORDER in the amount of thirteen thousand dollars ($13,000) for violations of sections 11.35 and 76.1803 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the
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- stating that operational EAS equipment has been installed for the Pottawatomie system. This statement must be provided to the Kansas City Office at the address listed in paragraph 16 within thirty days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, SCI Cable Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE AND ORDER in the amount of thirteen thousand dollars ($13,000) for violations of sections 11.35 and 76.1803 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Crossfire possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Crossfire
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- Bureau's Miami Office (``Miami Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $20,000 to Sling. Sling has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Sling Broadband, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for violations of section 301 of the Act. with any questions regarding payment procedures. Sling shall also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of
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- are the best indicator of an ability to pay a forfeiture. Having reviewed Mr. Lindor's submitted documentation, we conclude that the forfeiture should be reduced to $300, an amount within the range determined by the Bureau to be affordable. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Fritzner Lindor IS LIABLE FOR A MONETARY FORFEITURE in the amount of three hundred dollars ($300) for violations of section 301 of the Act. on the date said payment is made. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both First Class and Certified Mail,
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- upward adjustment of $5,000. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Lebron is apparently liable for a total forfeiture in the amount of $15,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Eleuterio Lebron is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the release date of this Notice
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- are the best indicator of an ability to pay a forfeiture. Having reviewed Mr. Hays's submitted documentation, we conclude that the forfeiture should be reduced to $450, an amount within the range determined by the Bureau to be affordable. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, John Hays IS LIABLE FOR A MONETARY FORFEITURE in the amount of four hundred fifty dollars ($450) for violations of section 301 of the Communications Act of 1934, as amended, and sections 95.410 and 95.411of the Commission's rules. on the date said payment is made. IT IS FURTHER ORDERED that a
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- Lexus in apparent willful and repeated violation of section 301 of the Act and sections 1.903(a) and 95.3 of the Rules for apparently operating a GMRS system without Commission authority. Therefore, Scottsdale Lexus is apparently liable for a forfeiture in the amount of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.311 and 1.80 of the Rules, Scottsdale Lexus IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for the willful and repeated violation of section 301 of the Act and sections 1.903(a) and 95.3 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty
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- 227(b)(1)(C) of the Act and section 64.1200(a)(3) of the Commission's rules for the reasons set forth in the NAL and herein. ordering clauses Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Western Aviation, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $4,500 for willfully violating section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), and section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3). with any questions regarding payment
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- Although we have evidence that Perka received the letter, we have not received a response. We therefore have no basis for assessing Perka's financial situation and find that a forfeiture in the amount of $17,000 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, David Edward Perka, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully and repeatedly violating section 301 of the Act and willfully violating section 333 of the Act. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Airadigm possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class certified mail, return receipt requested, to Linda J. Springer, Director of Finance and Accounting, Airadigm Communications,
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Multi Voice possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Multi
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NTS possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of NTS
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Hauppauge possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture issued by the Commission against Hauppauge on April 15, 2009 IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent
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- on all the factors and evidence, including the duration of the deployment violation, we propose a $19,500 forfeiture against Pace for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in section 20.19(d)(3)(ii) of the Rules. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Pace IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand five hundred dollars ($19,500) for apparent willful and repeated violation of section 20.19(d)(3)(ii) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice
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- the St. George Island system in compliance with section 76.1801 of the Rules. This statement must be provided to the Tampa Office at the address listed in paragraph 17 within thirty days after the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, St. George Cable, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violation of sections 11.35(a), 76.605(a)(12), 76.611(a), and 76.1801 of the Commission's Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within thirty days
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- evidence. ordering clauses Accordingly, IT IS ORDERED that, pursuant to section 405 of the Communications Act of 1934, as amended, and section 1.106 of the Commission's rules (``Rules''), that the Petition for Reconsideration filed by Steven A. Skalecki IS DENIED and the Forfeiture Order IS AFFIRMED. IT IS ALSO ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Steven A. Skalecki IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act. on the date said payment is made. IT IS FURTHER ORDERED that this Memorandum Opinion and Order shall be sent by both regular mail and by certified mail, return
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NobelTel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for NobelTel, LLC, Joan M. Griffin, Esq., Washington
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Lyca Tel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Lyca
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- day of the succeeding calendar quarter. This statement must be provided to the Chicago Office at the address listed in paragraph 12 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture and Order. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314 and 1.80 of the Commission's Rules, Meade County Communications, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 73.3526(e)(12) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date of
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- was granted an opportunity to show, in writing, why no such forfeiture should be imposed. Upon review of the record, and based upon additional information provided by Blue Casa, we agree that no forfeiture penalties should be imposed on Blue Casa. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeitures issued to Blue Casa Communications, Inc. WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Katherine Barker Marshall, Attorney, Arent Fox LLP, Attorneys at Law, 1050 Connecticut Avenue, N.W., Washington, D.C.
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- as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Upper Peninsula is apparently liable for a total forfeiture in the amount of $8,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314 and 1.80 of the Commission's rules, Upper Peninsula Communications Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of section 11.35(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the release date of
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- and other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Davis is apparently liable for a forfeiture of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314, and 1.80 of the Commission's rules, Neal Davis is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules, within thirty (30) days of the release date of this
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- will serve the public interest by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Motion IS GRANTED, that the captioned proceeding IS DISMISSED WITH PREJUDICE, and that the captioned proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. § 224. Complaint, File No. EB-11-MD-004 (filed Mar. 16, 2011) (``Complaint''). NewPath Network's
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- are the best indicator of an ability to pay a forfeiture. Having reviewed Mr. Morey's submitted documentation, we conclude that the forfeiture should be reduced to $250, an amount within the range determined by the Bureau to be affordable. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Thomas L. Morey IS LIABLE FOR A MONETARY FORFEITURE in the amount of two hundred fifty dollars ($250) for violations of section 301 of the Act. on the date said payment is made. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both First Class and
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- Jennifer M. Dixton, Antitrust Division, United States Department of Justice (via email) Meagan D. Johnson, Antitrust Division, United States Department of Justice (via email) Any further reference in this letter to ``your conviction'' refers to your conviction in United States v. Jeremy R. Sheets, Criminal Docket No. 1:10-cr-380-1, Judgment (W.D. Mi. 2011) (``Judgment''). 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- station's post-sunset authorization. Accordingly, pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we conclude that cancellation or reduction of the forfeiture is unwarranted and we impose a forfeiture in the amount of $4,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Clarion County Broadcasting Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for violations of section 73.1745(a) of the Rules. . IT IS FURTHER ORDERED that a copy of this Order shall be sent both by First Class and Certified Mail Return Receipt Requested to
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- Accordingly, IT IS ORDERED that, pursuant to section 405 of the Communications Act of 1934, as amended, and section 1.106 of the Commission's rules, that the Petition for Reconsideration filed by Paisa 2 Car and Limousine Service, Inc. IS GRANTED IN PART AND DENIED IN PART. IT IS ALSO ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, Paisa 2 Car and Limousine Service, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five hundred dollars ($500) for violations of section 1.903(a) of the rules. on the date said payment is made. IT IS FURTHER ORDERED that this Memorandum Opinion and Order shall be sent by both regular mail
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- the forfeiture amount does not exceed Mr. Fleurinor's average gross revenues for the years covered by the financial documents. We do, however, find sufficient basis to reduce the forfeiture to $500 based on the financial documentation Mr. Fleurinor submitted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Whisler Fleurinor IS LIABLE FOR A MONETARY FORFEITURE in the amount of five hundred dollars ($500) for violations of section 301 of the Act. with any questions regarding payment procedures. Mr. Fleurinor shall also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. IT IS FURTHER ORDERED that
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- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that P&Y Broadcasting is apparently liable for a $3,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, P&Y Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violation of section 17.57 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the release date of this
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- a total forfeiture of $20,000 for See Through Windows's willful and repeated violation of section 64.1200(c)(2) of the Commission's rules. III. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that See Through Windows & Doors LLC IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $20,000 for willfully and repeatedly violating section 64.1200(c)(2) of the Commission's rules, 47 C.F.R. § 64.1200(c)(2). with any questions regarding payment procedures. IT IS FURTHER ORDERED that a
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- in the forfeiture amount of $5,000 is warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Criteser is apparently liable for a forfeiture of $15,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, John E. Criteser, Jr. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty (30) days of the release date
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- 11.35(a) of the Rules. This statement must be provided to the Detroit Office at the address listed in paragraph 15, infra, within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture and Order. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314, and 1.80 of the Commission's Rules, R.J.'s Late Night Entertainment Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE AND ORDER in the amount of twenty-two thousand dollars ($22,000) for violations of sections 11.35(a), 73.1690(b)(2), and 73.3527(b)(1) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within thirty
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- find that neither reduction nor cancellation of the proposed $10,000 forfeiture is warranted. Therefore, we affirm the NAL's finding that Roberts willfully and repeated violated section 301 of the Act, and assess a $10,000 forfeiture for that violation. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Daniel K. Roberts a/k/a ``Monkey Man'' a/k/a ``Monkey'' IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating section 301 of the Act. with any questions regarding payment procedures. Daniel K. Roberts a/k/a ``Monkey Man'' a/k/a ``Monkey'' will also send electronic notification on the date said
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- these companies was granted an opportunity to show, in writing, why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by the companies, we find that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix FEDERAL COMMUNICATIONS COMMISSION Richard A.
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- the Act, Intercel was granted an opportunity to show, in writing, why no such forfeiture should be imposed. Upon review of the record, and based upon additional information provided by Intercel, we agree that no forfeiture penalty should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to Intercel WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Intercel Telecoms Group, Inc., Attn. Joseph Gatt, CEO, 3914 Centreville Rd., Suite 200, Chantilly, VA 20151. FEDERAL COMMUNICATIONS
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- and other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Cernogg is apparently liable for a forfeiture of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314, and 1.80 of the Commission's rules, Willis Cernogg, Jr. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules, within thirty (30) days of the release date of
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- section 227(b)(1)(C) of the Act, and section 64.1200(a)(3) of the Commission's rules, as set forth in the NALs and herein. ordering clauses Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that American Medical Services IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $9,000 for willfully and repeatedly violating section 227(b)(1)(C) of the Communications Act, 47 U.S.C. § 227(b)(1)(C), and section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3). with any questions
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- Station KBRZ is decreasing power after sunset as specified in its station authorization. This statement must be provided to the Houston Office at the address listed in paragraph 11 within thirty days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Aleluya Christian Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of sections 73.1745(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the release date of
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- that an upward adjustment of $2,000 is warranted. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Bold Gold is apparently liable for a forfeiture in the amount of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Bold Gold Media Group is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 11.35(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
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- Radio, however, provided no documentation of its finances with its NAL Response. Accordingly, we are unable to determine whether a reduction based on inability to pay is warranted and find no basis to reduce the proposed forfeiture of $21,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Consolidated Radio, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for violations of 73.1125, 73.1745(a), and 73.3526 of the Rules. on the date said payment is made. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both First Class
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Clon possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Clon
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- repeated warnings regarding the Antenna Structure's faded paint and the unlocked gates, the apparent violations continued, demonstrating a deliberate disregard for the Rules. We therefore conclude that Equity is apparently liable for a forfeiture in the amount of $20,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, Equity Communications LP is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violation of sections 17.50(a) and 73.49 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the release date of
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- of the Rules signed under penalty of perjury by an officer or director of CRNI within thirty (30) days of the release date of this NAL that Station KPIO is now in compliance with section 73.1745(a) of the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's Rules, Catholic Radio Network, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of section 73.1745(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within thirty (30) days of the release date
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- potentially significant impact on consumers with hearing loss, we propose a forfeiture of $100,000 against Keystone Wireless for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in sections 20.19(c)(3)(ii) and 20.19(d)(3)(ii) of the Rules. IV. ORDERING clauses 15. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Keystone Wireless, LLC d.b.a. Immix Wireless IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of one hundred thousand dollars ($100,000) for apparent willful and repeated violation of section 20.19(c)(3)(ii) and (d)(3)(ii) of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days
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- find that an upward adjustment is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that South Bay Aviation is apparently liable for a forfeiture in the amount of $12,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, South Bay Aviation, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for apparently willfully and repeatedly violating Section 301 of the Act and Section 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules
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- the potentially significant impact on consumers with hearing loss, we propose a forfeiture of $82,500 against Chariton Valley for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in sections 20.19(c)(3)(ii) and 20.19(d)(3)(ii) of the Rules. IV. ORDERING clauses Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Missouri RSA 5 Partnership d/b/a Chariton Valley Wireless Services IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eighty two thousand five hundred dollars ($82,500) for apparent willful and repeated violation of section 20.19(c)(3)(ii) and 20.19(d)(3)(ii) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the
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- Bureau's Norfolk Office (``Norfolk Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $25,000 to Spirit. Spirit has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Spirit Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $25,000 for violations of sections 11.35, 73.49, and 73.3526 of the Commission's rules. 4. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release of
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- result in additional enforcement action. Finally, we direct Andrews Tower to notify the Dallas Office when the Tower is dismantled at Federal Communications Commission, Enforcement Bureau, South Central Region, Dallas Office, 9330 LBJ Freeway, Suite 1170, Dallas, Texas, 75243. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Andrews Tower Rental, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand seven hundred fifty dollars ($3,750) for violations of sections 303(q) of the Act and section 17.51(a) of the Rules. 9. IT IS FURTHER ORDERED that Andrews Tower Rental, Inc. SHALL SUBMIT a statement as described
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- the Antenna Structure's light outage until the lights have been repaired. This statement must be provided to the Norfolk Office at the address listed in paragraph 12 within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, East Carolina Radio, Inc. dba WERX-FM, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE AND ORDER in the amount of ten thousand dollars ($10,000) for violations of section 303(q) of the Act and sections 17.49 and 17.51(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80
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- station. This statement must be provided to the Tampa Office at the address listed in paragraph 12 within thirty (30) calendar days of the release date of this NAL. Failure to comply with this requirement could subject the licensee to additional enforcement action. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Rules, Michael W. Perry is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE AND ORDER in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act and sections 95.409 and 95.411 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether OTZ possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Carl Weisner, Operations Manager, and Susan L. Hardenbergh,
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- Rules, and direct Cricket to take all necessary and appropriate steps to ensure compliance going forward. We caution Cricket to exercise greater diligence in the future, and we emphasize the importance of accuracy and completeness in the application process. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Commission's Rules, Cricket Communications, Inc. IS hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for providing incorrect material factual information to the Commission without a reasonable basis for believing that the information was correct and accurate in apparent willful violation of section 1.17(a)(2) of the Rules.
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Royal Phone possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Royal
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- each of these companies was granted an opportunity to show, in writing, why no such forfeiture should be imposed. Upon review of the record, and based upon additional information provided by Unintec, we agree that no forfeiture penalty should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to Unitec WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Unitec Hospitality Service, Attn: Walter E. Bader, President, 122 Sherman Street, Denver, CO 80209. FEDERAL COMMUNICATIONS COMMISSION Richard A.
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- in writing, why no such forfeiture should be imposed. Upon review of the record, and based upon additional information provided by the companies, we agree that no forfeiture penalties should be imposed on each of the companies listed in the Appendix. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Franz possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Franz,
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Page Plus possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Abdul A. Yassine, President, Start Wireless Group, Inc.,
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CyberNet possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of CyberNet
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Davidson possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Davidson
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Central Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Central
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether International Access possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of International
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- total forfeiture of $14,000 for marketing two models of unauthorized video assist transmitters manufactured by CIT, model Modulus 3000 and model Modulus 5000, in violation of section 302(b) of the Act and sections 2.803(a)(1) and 74.851(f) of the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314 and 1.80 of the Commission's rules, Custom Interface Technologies, a Division of Thornstar Corporation, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for marketing two models of uncertified wireless video assist transmitters in willful and repeated violations of section 302(b) of the Act and sections 2.803(a)(1) and
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- Service Administrative Company (via e-mail) Rashann Duvall, Universal Service Administrative Company (via email) Stephanie L. Haines, United States Attorney's Office, Western Pennsylvania (via email) Any further reference in this letter to ``your conviction'' refers to your conviction in United States v. Dennis L. Bruno, Criminal Docket No. 11-15 J, Information (W.D. Pa. 2011). 47 C.F.R. § 54.8; 47 C.F.R. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting section 54.521
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- matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mullen is apparently liable for a total forfeiture in the amount of $13,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Timothy J. Mullen is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of section 303(q) of the Act, and sections 17.51(a), 17.48, and 17.57 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules
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- Office (Tampa Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $25,000 to St. George. St. George has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, St. George Cable, Inc. LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $25,000 for violations of sections 11.35(a), 76.605(a)(12), 76.611(a) and 76.1801 of the Commission's rules. with any questions regarding payment procedures. St. George Cable, Inc. shall also send electronic notification on the date said payment is made to
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- Theresa Z. Cavanaugh Acting Chief Investigations and Hearings Division Enforcement Bureau cc: Johnnay Schrieber, Universal Service Administrative Company (via e-mail) Rashann Duvall, Universal Service Administrative Company (via email) Juan Rodriguez, Antitrust Division, United States Department of Justice (via e-mail) Stephanie Toussaint, Antitrust Division, United States Department of Justice (via e-mail) 47 C.F.R. § 54.8(g) (2010). See also 47 C.F.R. § 0.111 (delegating authority to the Enforcement Bureau to resolve universal service suspension and debarment proceedings). Letter from Theresa Z. Cavanaugh, Acting Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission to Mr. Barrett C. White, Notice of Suspension and Initiation of Debarment Proceedings, 26 FCC Rcd 10526 (Inv. & Hearings Div., Enf. Bur. 2011) (Attachment 1). An Erratum was published
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- of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tricom USA possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act, and Sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-referenced investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Judith D. O'Neill, Chief Executive Officer, Nakhota, LLC,
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Sprint possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Michael B. Fingerhut, Director, Government Affairs, Sprint
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- these companies was granted an opportunity to show, in writing, why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by the companies, we find that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix FEDERAL COMMUNICATIONS COMMISSION Richard A.
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Carrier Coach possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Allen H. Miller, President, Carrier Coach Inc., 271 Buffalo
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Cross Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to John Chris Ruhl, General Manager, Wireless, Cross Wireless,
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- Office (Miami Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $15,000 to Mr. Criteser. Mr. Criteser has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, John E. Criteser, Jr. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $15,000 for violations of section 301 of the Act. with any questions regarding payment procedures. John E. Criteser, Jr. shall also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED
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- Office (Miami Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $10,000 to Mr. Davis. Mr. Davis has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Neal Davis IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of section 301 of the Act. with any questions regarding payment procedures. Neal Davis shall also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of
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- of the Rules signed under penalty of perjury by an officer or director of MMG within thirty (30) days of the release date of this NAL that Station KRDD(AM) is now in compliance with section 11.35 of the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's Rules, Media Mining Group, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE AND ORDER in the amount of eight thousand dollars ($8,000) for violation of section 11.35 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NationsLine North possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of NationsLine
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NationsLine Delaware possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of NationsLine
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Atlantic Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Atlantic
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- of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Rio Tinto and Alcan possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Rio Tinto and Alcan, Catherine C. Butcher,
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NationsLine DC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of NationsLine
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- may require.'' The Commission's Forfeiture Policy Statement and implementing rules prescribe a base forfeiture of $8,000 for each separate unauthorized substantial transfer of control. Based on the facts and circumstances presented, we conclude that a proposed forfeiture of $8,000 against Windstream Iowa is warranted. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, 0.314 and 1.80 of the rules, Windstream Iowa Communications, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $8,000 for apparently willfully or repeatedly violating Section 214 of the Act and Sections 63.03 and 63.04 of the rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the rules, within thirty (30)
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NationsLine Virginia possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of NationsLine
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- Theresa Z. Cavanaugh Acting Chief Investigations and Hearings Division Enforcement Bureau cc: Johnnay Schrieber, Universal Service Administrative Company (via e-mail) Rashann Duvall, Universal Service Administrative Company (via email) Juan Rodriguez, Antitrust Division, United States Department of Justice (via e-mail) Marvin Opotowsky, Antitrust Division, United States Department of Justice (via e-mail) 47 C.F.R. § 54.8(g) (2010). See also 47 C.F.R. § 0.111 (delegating authority to the Enforcement Bureau to resolve universal service suspension and debarment proceedings). Letter from Theresa Z. Cavanaugh, Acting Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission to Tyrone D. Pipkin, Notice of Suspension and Initiation of Debarment Proceeding, DA 11-1424, 26 FCC Rcd 11389 (Inv. & Hearings Div., Enf. Bur. 2011). 76 Fed. Reg. 54768 (Sept.
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NationsLine possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of NationsLine,
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- violation and the potentially significant impact on consumers with hearing loss, we propose a forfeiture of $39,000 against North Central for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in section 20.19(d)(3)(ii) of the Rules. IV. ORDERING clauses Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, North Central Wireless LC d/b/a i wireless IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirty-nine thousand dollars ($39,000) for apparent willful and repeated violation of section 20.19(d)(3)(ii) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after
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- of the Rules. We therefore find that Affordable Phone is apparently liable for a total forfeiture of $30,000 for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in sections 20.19(c)(3)(ii) and 20.19(d)(3)(ii) of the Rules. IV. ORDERING clauses Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Affordable Phone Services, Inc. IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirty thousand dollars ($30,000) for apparent willful and repeated violation of sections 20.19(c)(3)(ii) and 20.19(d)(3)(ii) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after the
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- our review of the facts and circumstances of this case, we admonish Airadigm for its failure to offer to consumers the requisite number or percentage of handset models with a minimum M3 rating in April 2010, in violation of section 20.19(c)(3)(ii) of the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Airadigm Communications, Inc. dba Airfire Wireless IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirty thousand dollars ($30,000) for apparent willful and repeated violation of section 20.19(d)(3)(ii) of the Rules. IT IS FURTHER ORDERED that Airadigm Communications, Inc. dba Airfire Wireless IS ADMONISHED for its violation of section 20.19(c)(3)(ii)
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- 503(b)(6) of the Act, we find that Caprock is apparently liable for a forfeiture of $15,000 for failing to offer to consumers the required number or percentage of M3-rated handset models in willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Caprock Cellular Limited Partnership IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for apparent willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after the release date
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- aid-compatible handset deployment requirements for the entire 2010 calendar year, we propose a forfeiture of $21,000 against Big Sky for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in section 20.19(c)(3)(ii) of the Rules. IV. ORDERING clauses 13. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, iSmart Mobile, LLC d/b/a Big Sky Mobile IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for apparent willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days
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- forfeiture, and the potentially significant impact on consumers with hearing loss, we propose a forfeiture of $51,000 against GCI for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in section 20.19(d)(3)(ii) of the Rules. IV. ORDERING clauses 13. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, General Communication, Inc. IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifty-one thousand dollars ($51,000) for willful and repeated violation of section 20.19(d)(3)(ii) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after the release date of
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- of the apparent violation on consumers with hearing loss, we propose a forfeiture of $75,000 against Centennial for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in sections 20.19(d)(3)(ii) and 20.19(e)(2) of the Rules. IV. ORDERING clauses 16. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Centennial Communications Corporation IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seventy-five thousand dollars ($75,000) for apparent willful and repeated violation of sections 20.19(d)(3)(ii) and 20.19(e)(2) of the Rules. 17. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after the
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- proposed forfeiture, and the potentially significant impact on consumers with hearing loss, we propose a forfeiture of $48,000 against Metropolitan for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in sections 20.19(d)(3)(ii) of the Rules. IV. ORDERING clauses Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Metropolitan Telecommunications Holding Company d.b.a. MetTel IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of forty-eight thousand dollars ($48,000) for apparent willful and repeated violations of section 20.19(d)(3)(ii) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after the
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- facts and circumstances in this case, we admonish Locus for its failure to offer to consumers from January through June 2010 the requisite number or percentage of handset models with a minimum T3 rating, in violation of section 20.19(d)(3)(ii) of the Rules. IV. ORDERING clauses 15. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Locus Telecommunications, Inc. IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand five hundred dollars ($25,500) for apparent willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after the
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- deployment requirements, and the potentially significant impact on consumers with hearing loss, we propose a forfeiture of $25,500 against NEP for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in sections 20.19(c)(3)(ii) of the Rules. IV. ORDERING clauses Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, NEP Cellcorp, Inc. IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand five hundred dollars ($25,500) for willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after the release date
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- willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. We therefore find that MaxCell is apparently liable for a total forfeiture of $30,000 for willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in section 20.19(c)(3)(ii). IV. ORDERING clauses Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Maximum Communications Cellular, LLC IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirty thousand dollars ($30,000) for apparent willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after the release date
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- notice is attached hereto as Appendix A. Consistent with this announcement, we find that the Notices of Apparent Liability for Forfeiture and the Citations issued in the proceedings identified in Appendix B to this Order should be rescinded. 3. Accordingly, IT IS ORDERED that pursuant to sections 4(i) and 504(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the Notices of Apparent Liability for Forfeiture and the Citations issued in the proceedings identified in Appendix B to this Order are hereby RESCINDED. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail, return receipt requested, to each of the entities
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Advantage Wireless Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Advantage
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Turner possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the proposed forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by Certified Mail - Return Receipt Requested to Louise Sams, Executive Vice President,
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- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Community Television is apparently liable for a $10,000 forfeiture. ORDERING CLAUSE ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's Rules, Community Television is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 73.3527(c) of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of Apparent
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- is available at Station KGLA's main studio. This statement must be provided to the New Orleans Office at the address listed in paragraph 14 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Crocodile Broadcasting Corp., Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violations of sections 73.1745(a) and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date
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- file is available at Station WLGT's main studio. This statement must be provided to the Norfolk Office at the address listed in paragraph 12 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Media East, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of sections 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
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- repeated warnings from the USCG about his unauthorized operation. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors, we conclude that Mr. Aversa is apparently liable for a forfeiture in the amount of $20,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, and 1.80 of the Rules, Vincent Aversa, Jr. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violation of section 301 of the Act and section 80.13 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) days of the
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Hanmi possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaint against Hanmi Broadcasting, Inc. before the Enforcement Bureau related to the above-captioned-investigation as of the date of this Consent Decree IS DISMISSED. IT IS FURTHER ORDERED that
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- ID No. XRLTG-VIPJAMM should be revoked on some or all of the bases outlined herein and whether a Forfeiture Order in an amount not to exceed one hundred and twelve thousand five hundred dollars ($112,500) should be issued. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to sections 312(a) and (c) of the Act, and authority delegated pursuant to sections 0.111, 0.311, 1.91(a) and 2.939(b) of the Rules, Shenzhen Tangreat Technology Co., Ltd. is hereby ORDERED TO SHOW CAUSE why its equipment authorization, FCC ID No. XRLTG-VIPJAMM, SHOULD NOT BE REVOKED. Shenzhen SHALL APPEAR before an Administrative Law Judge at a time and place to be specified in a subsequent order and give evidence upon the following issues: To determine whether
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Pantech possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Pantech Wireless, Inc., W. Dennis Summers, Esq.,
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- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Moreno is apparently liable for a forfeiture in the amount of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Rules, Bernabe Moreno is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice of
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- Liability for Forfeiture (``NAL'') in the amount of $10,000 to Foursquare Gospel for the violations listed above. Despite evidence that Foursquare Gospel received the NAL, Foursquare Gospel has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, International Church of the Foursquare Gospel DBA Radio Station KFSG FM, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for repeatedly violating Section 303(q) of the Act, and Sections 17.6(a), 17.47(a), 17.48, and 17.51(a) of the Rules. with any questions regarding payment procedures. International Church of the Foursquare Gospel DBA
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- as set forth on the structure's FAA determination of ``no hazard'' in violation of Section 17.23 of the Rules. Despite evidence that Waldec received the NAL, Waldec has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Waldec Enterprises, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 17.23 of the Rules. with any questions regarding payment procedures. Waldec Enterprises, Inc., shall also send electronic notification on the date said payment is made to WR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that
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- Equipment Authorization and the Commission's Rules. This statement must be provided to the Enforcement Bureau at the address listed in paragraph 24 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture and Order. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Commission's Rules, Utah Broadband, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for apparently willfully and repeatedly violating sections 301 and 302(b) of the Act, and sections 15.1(b) and 15.1(c) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Delta Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Delta
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Coast International possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Coast
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Cyber Mesa possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Cyber
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- Ureach should not be imposed because it did not have a ``high degree of involvement in, or actual notice of, the unlawful activity.'' ordering clauses ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, the proposed forfeiture in the amount of $9,000 issued to Ureach Technologies, Inc. in the July 17, 2008 Notice of Apparent Liability for Forfeiture WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return
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- is apparently liable for a forfeiture in the amount of $25,000. We again caution the Licensee that additional violations of these rules may result in the imposition of higher forfeitures and even harsher enforcement action, including license revocation proceedings. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's rules, that Spanish Broadcasting System Holding Company, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $25,000 for apparently willfully and repeatedly violating Section 73.1206 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether DNA possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Digital
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- $20,000 for unlicensed operation in violation of section 301 of the Act and section 15.1(b) of the Rules and $5,000 for operation of unauthorized equipment in violation of section 302(b) of the Act and section 15.1(c) of the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, AT&T, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of sections 301 and 302(b) of the Act and sections 15.1(b) and 15.1(c) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Simplink possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Simplink
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NET/COMM Services possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of NET/COMM
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TelePlus possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of TelePlus
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Pacific Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Pacific
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether PR Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of PR
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether PiperTel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of PiperTel
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Network Services Solutions possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Network
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Internet & Telephone possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Internet
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NetSpan Corporation possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of NetSpan
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- the statutory factors to the instant case, we conclude that Cumulus is apparently liable for a forfeiture in the amount of ten thousand dollar ($10,000) for its failure to maintain any quarterly issues/programs lists during the current license term. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Cumulus Licensing LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 73.3526(e)(12) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether China Unicom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of China
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NCCC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of North
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- section 64.2009(e) of the Commission's rules and have apparently willfully or repeatedly violated a Bureau order by failing to provide certain information. We find each of the Companies apparently liable for a forfeiture of $29,000. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, section 1.80 of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, each Company listed in Appendix I of this Order is hereby NOTIFIED of their APPARANT LIABLILITY FOR A MONETARY FORFEITURE in the amount of twenty nine thousand dollars ($29,000) each for willfully and repeatedly violating section 64.2009(e) of the Commission's rules by failing to submit annual compliance certificates, and willfully and repeatedly violating a
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- an upward adjustment in the forfeiture amount of $2,000 is warranted. Applying the Forfeiture Policy Statement, section 1.80, and the statutory factors to the instant case, we conclude that Pacific Spanish is apparently liable for a forfeiture of $6,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80 of the Rules, Pacific Spanish Network, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for violation of section 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) days of the release date of this Notice of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Association Administrators possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Association
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Ring Connection possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Ring
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- lighting outage to ensure that a NOTAM for its tower remains current. This statement must be provided to the Kansas City Office at the address listed in paragraph 11 within fifteen days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Rules, KFW Communications LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for violations of section 17.47 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days of the release date of this Notice of Apparent
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ACSW possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested,
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether AT&T possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jackie Flemming, Assistant Vice-President, External Affairs/Regulatory, AT&T Services, Inc.,
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaints against the Licensee before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TCI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Telecom
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- the forfeiture amount is warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Fleurinor is apparently liable for a forfeiture in the amount of $20,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Whisler Fleurinor is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violation of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice of
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- notify the Media Bureau and come into compliance. This statement must be provided to the Tampa Office at the address listed in paragraph 15 within fifteen days of the release date of this Notice of Apparent Liability for Forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, Ace of Hearts Disc Jockey Service, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violation of sections 73.1350 and 74.1235(e) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days
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- Forfeiture Order. ordering clauses Accordingly, IT IS ORDERED that, pursuant to section 405 of the Communications Act of 1934, as amended, and section 1.106 of the Commission's rules (``Rules''), that the Petition for Reconsideration filed by Kacy Rankine IS DENIED and the Forfeiture Order IS AFFIRMED. IT IS ALSO ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Kacy Rankine IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act. on the date said payment is made. IT IS FURTHER ORDERED that this Memorandum Opinion and Order shall be sent by both regular mail and by certified mail, return receipt
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- County Department radio communications system. Mr. Jones must operate his CB station in compliance with the FCC's Rules and at the power limit indicated above. Failure to abide by these rules may result in additional sanctions and monetary forfeitures. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Rules, Ira Jones is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of section 303(n) of the Act and section 95.426(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date
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- 403 likewise grants the Commission ``full authority and power at any time to institute an inquiry, on its own motion . . . concerning which any question may arise under any of the provisions of this [Act], or relating to the enforcement of any of the provisions of this'' Act. The Commission delegated this authority to the Bureau in Sections 0.111(a)(16) and 0.311 of the Commission's rules. On November 30, 2010 the Bureau sent a Letter of Inquiry (``LOI'') to Resp-Org.com directing it provide information and certain documentation in connection with its investigation into toll free number administration. The LOI serves as a legal order of the Commission to produce the requested information and any failure to fully respond by providing
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- $15,000 is warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Garcia is apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000). ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314 and 1.80 of the Rules, Gabriel A. Garcia is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violation of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days of the release date of this Notice of
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- the four consumers identified in the Appendix. We have further determined that American West Advertising is apparently liable for a forfeiture in the amount of $18,000. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Rules, 47 C.F.R. § 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that American West is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $18,000 for willful and repeated violations of section 227(b)(1)(B) of the Communications Act, 47 U.S.C. § 227(b)(1)(B), and section 64.1200(a)(2) of the Commission's rules, 47 C.F.R. § 64.1200(a)(2). IT IS FURTHER ORDERED
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- and even after it became aware of the violation, an additional two years elapsed before it sought Commission authority. Based on all the factors and evidence, including the extended period of unauthorized operation, we conclude that a proposed aggregate forfeiture of $19,000 is appropriate. ordering clauses Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.311 and 1.80 of the Rules, Shubat Transportation Company IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand dollars ($19,000) for the willful and repeated violation of section 301 of the Act and section 1.903(a) of the Rules and the willful violation of section 1.949(a) of the Rules. IT IS FURTHER ORDERED that,
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Integrated Telemanagement possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Integrated
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- severe enforcement penalties. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that North County Broadcasting Corporation is apparently liable for a forfeiture in the amount of $6,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, North County Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for apparently willfully and repeatedly violating Section 11.35 of the Commission's Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release
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- other matters as justice may require.'' Based upon our review of the record in this case and the statutory factors identified above, we find that Fox is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, that Fox Television Stations, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for its apparent willful violation of the sponsorship announcements requirements of section 317 of the Communications Act of 1934, as amended, and section 73.1212 of the Commission's rules. IT IS
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- other matters as justice may require.'' Based upon our review of the record in this case and the statutory factors identified above, we find that Access.1 is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, that Access.1 New Jersey License Company, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for its apparent willful violation of the sponsorship announcements requirements of section 317 of the Communications Act of 1934, as amended, and section 73.1212 of the Commission's rules.
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tele Circuit possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Tele
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Westgate Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Westgate
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- Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $20,000 to Mr. Aversa. Mr. Aversa has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Vincent E. Aversa IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for violations of section 301 of the Act and section 80.13 of the Rules. with any questions regarding payment procedures. Mr. Aversa will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ZTG possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ZTG,
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- adjustment of $10,000 is warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Bazile is apparently liable for a forfeiture in the amount of $20,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314, and 1.80 of the Rules, Marckenson Bazile is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violation of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) days of the release date of this Notice of Apparent
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- each of these companies was granted an opportunity to show, in writing, why no such forfeiture should be imposed. Upon review of the record, and based upon additional information provided by the companies we find that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman
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- the absence of material new evidence relating to this matter, we conclude that the Bureau's investigation raises no substantial or material questions of fact as to whether AST possesses the basic qualifications, including those related to character, to hold or obtain a Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by Certified Mail - Return Receipt Requested to counsel for AST Telecom, LLC d/b/a/ Blue Sky Communications, LLC, Kent
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- describe the steps taken to repair the lights and a timetable for completion. This statement must be provided to the Dallas Office at the address listed in paragraph 13 within fifteen days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Rules, Andrews Tower Rental, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 303(q) of the Act and section 17.51(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days of
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- required pursuant to section 17.47 of the Rules. This statement must be provided to the Atlanta Office at the address listed in paragraph 13 within fifteen days of the release date of this Notice of Apparent Liability for Forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Rules, Miller Communications, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violation of section 303(q) of the Act and sections 17.47(a) and 17.51(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days
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- into account the fact that Harrah's unlawful operation continued for almost ten years. Thus, based on all the factors and evidence, including the extended period of unauthorized operation, we conclude that a proposed aggregate forfeiture of $15,000 is appropriate. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Harrah's Atlantic City Operating Company LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violation of section 301 of the Act and sections 1.903(a) and 1.949(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion IS GRANTED, that the proceedings ARE DISMISSED WITH PREJUDICE, and that the proceedings ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. § 224. Joint Motion to Dismiss, File Nos. EB-06-MD-005, EB-07-MD-003 (filed Apr. 5, 2011)
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- the lighting outage to ensure that a NOTAM for its tower remains current. This statement must be provided to the Houston Office at the address listed in paragraph 15 within fifteen days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, RAMCO Broadband Services is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of sections 17.4(g), 17.48, 17.51(a) and 17.57 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Allegiance possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended (the ``Act''), and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by certified mail, return receipt requested, to Mr. William Haggarty, Chief Executive Officer, Allegiance Communications, LLC, 1819 Airport Drive,
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- City Office (``Kansas City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $6,000 to KFW. KFW has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, KFW Communications LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,000 for violations of section 17.47 of the Rules. with any questions regarding payment procedures. KFW will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Call One possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of United
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- previously disclosed to the Commission, the matters raised in the investigation do not raise any substantial and material questions of fact regarding Comcast's qualifications to hold an authorization or license issued by the Commission. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 151(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned matter IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Comcast Corporation Compliance with the Commission's Closed Captioning Pass-Through Rule
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Telestar possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of U.S.
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Latino Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Latino
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- proposed forfeiture is warranted.'' Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we therefore conclude that A Radio is apparently liable for a forfeiture in the amount of $25,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Rules, A Radio Company, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violating the terms of a Bureau order adopted pursuant to section 4(i) and 503(b) of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Team Electronics possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Team
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- --- --- Log(Pop) --- --- 0.062 (0.416) [0.339] 0.032 (0.451) [0.300] PopDen (100 per km) 0.198 (0.035)** [0.043]** 0.195 (0.042)** [0.059]** --- --- Log(PopDen) --- --- 1.545 (0.389)** [0.702]** 1.567 (0.435)** [0.982] GDP ($1000s per capita) 0.254 (0.140)* [0.105]** 0.193 (0.150) [0.165] --- --- Log(GDP) --- --- 15.27 (2.78)** [1.95]** 14.78 (2.79)** [3.08]** Educ --- 0.184 (0.136) [0.309] --- -0.019 (0.111) [0.224] Country F.E. Yes Yes Yes Yes Year F.E. Yes Yes Yes Yes R-squared 0.87 0.87 0.89 0.90 N 266 250 266 250 See 47 U.S.C. § 1303(b). In this report we use the term ``broadband'' synonymously with ``advanced telecommunications capability.'' See generally Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-732A1_Rcd.pdf
- --- --- Log(Pop) --- --- 0.062 (0.416) [0.339] 0.032 (0.451) [0.300] PopDen (100 per km) 0.198 (0.035)** [0.043]** 0.195 (0.042)** [0.059]** --- --- Log(PopDen) --- --- 1.545 (0.389)** [0.702]** 1.567 (0.435)** [0.982] GDP ($1000s per capita) 0.254 (0.140)* [0.105]** 0.193 (0.150) [0.165] --- --- Log(GDP) --- --- 15.27 (2.78)** [1.95]** 14.78 (2.79)** [3.08]** Educ --- 0.184 (0.136) [0.309] --- -0.019 (0.111) [0.224] Country F.E. Yes Yes Yes Yes Year F.E. Yes Yes Yes Yes R-squared 0.87 0.87 0.89 0.90 N 266 250 266 250 10Standard errors clustered at the region level are denoted by ( ˇ ), and standard errors clustered at the country level are denoted by [ ˇ ]. There are 170 regions and 14 countries in the sample.
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- compliance with Section 17.51(a) of the Commission's Rules. This statement must be provided to the Enforcement Bureau at the address listed in paragraph 15 within fifteen days of the release date of this Notice of Apparent Liability for Forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0314 and 1.80 of the Rules, CBS Communications Services, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 303(q) of the Act, and section 17.51(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Neutral possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Neutral
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- of these companies was granted an opportunity to show, in writing, why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by the companies, we find that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman
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- of these companies was granted an opportunity to show, in writing, why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by the companies, we find that no forfeiture should be imposed. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether PreSonus possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for PreSonus Audio Electronics, Inc., Tony Lin, Esq.,
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- 1.80, and the statutory factors to the instant case, we conclude that Pilot Media is apparently liable for a forfeiture in the amount of $4,000 for its failure to maintain its quarterly issues/program lists during the current license term. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, Pilot Media, LCC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for apparently willfully and repeatedly violating section 73.3526(e)(12) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release
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- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80, and the statutory factors to the instant case, we conclude that Mattoon Broadcasting is apparently liable for a $14,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Mattoon Broadcasting Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violations of sections 73.49 and 73.1125(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Metronet possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Metronet
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- of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80, and the statutory factors to the instant case, we conclude that Frandsen is apparently liable for a forfeiture in the amount of $14,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, Frandsen Media Company, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violations of sections 1.1310 and 73.1560(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release
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- the forfeiture based on the licensee's inability to pay is warranted. Thus, we conclude that Mr. Smith is liable for a forfeiture in the amount of $11,500, an amount equal to 7.7 percent of Station KANR's average gross revenues. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Daniel D. Smith IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand five hundred dollars ($11,500) for violations of section 11.35(a), 17.47, 17.50, and 73.3526 of the Rules. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by both First Class and Certified
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- show, in writing, why no such forfeiture should be imposed. In response to the NAL, each cable operator sufficiently demonstrated that it had provided the advanced notice required under our rules. Therefore, we find that no forfeiture penalty should be imposed. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeitures issued in the above captioned proceedings WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each counsel of record in the above captioned proceedings. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief,
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- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Alcime is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Rules, Alex Alcime is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice of Apparent
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- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Ford is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Rules, Patrick Michael Ford is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
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- matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Morey is apparently liable for a forfeiture in the amount of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Rules, Thomas L. Morey is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days of the release date of this Notice of
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- matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Rhodd is apparently liable for a forfeiture in the amount of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Rules, Mikhail Rhodd is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice of Apparent
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- matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Robinson is apparently liable for a forfeiture in the amount of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Rules, Antonio Robinson is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 301 of the Act. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice of
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- are warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Garcia is apparently liable for a total forfeiture in the amount of twenty-five thousand dollars ($25,000). ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Rules, Gabriel A. Garcia is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violation of section 303(n) of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days of the release date of this Notice of
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- previously disclosed to the Commission, the matters raised in the investigation do not raise any substantial and material questions of fact regarding Sprint's qualifications to hold an authorization or license issued by the Commission. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned matter IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Sprint Nextel Corporation, c/o
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- such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Hilltop is apparently liable for a forfeiture in the amount of $4,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Hilltop Tower Leasing, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
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- find that an upward adjustment in the forfeiture amount of $10,000 is warranted. Applying the Forfeiture Policy Statement, section 1.80, and the statutory factors to the instant case, we conclude that Mr. Millwood is apparently liable for a forfeiture in the amount of $20,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, 0.314, and 1.80 of the Rules, Recardo Millwood is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice of
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- find that an upward adjustment of $5,000 is warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Lindor is apparently liable for a $15,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Fritzner Lindor is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the release date of this Notice
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation, as to the Station and/or the Licensee, IS TERMINATED. IT IS FURTHER ORDERED that any third-party complaints and allegations against the Stations and/or the Licensee before the Enforcement Bureau related to the above-captioned investigation as of the
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- file is available at Station KVOZ's main studio. This statement must be provided to the Houston Office at the address listed in paragraph 15 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Consolidated Radio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for violations of sections 73.1125, 73.1745(a) and 73.3526 of the Rules. IT IS FURTHER ORDERED that Consolidated Radio, Inc. SHALL SUBMIT a sworn statement as described in paragraph 10 to the
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- Act from $10,000 to $15,000. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Ms. Smith is apparently liable for a forfeiture in the amount of $22,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Judith V. Smith is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-two thousand dollars ($22,000) for violation of sections 301 and 303(n) of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules, within thirty days of the release date
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- of our review, we conclude that Torres willfully and repeatedly violated section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that a forfeiture in the amount of $4,000 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.311, 0.314 and 1.80(f)(4) of the Commission's Rules, Jose Torres IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating section 1.903(a) of the Commission's Rules. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Jose Torres at his
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- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80, and the statutory factors to the instant case, we conclude Sickafus is apparently liable for a forfeiture in the amount of $7,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80 of the Commission's Rules, Patrick H. Sickafus is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of section 73.49 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice of Apparent
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether PCS and Surry possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to David L. Nace, Lukas, Nace, Gutierrez & Sachs,
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- within fifteen days of the release date of this Notice of Apparent Liability for Forfeiture and Order. We caution Mr. Warmath that licensees are expected to comply with the Rules and further violations may result in additional enforcement action. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, John F. Warmath is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of sections 73.49, 11.35, and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Luxul possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jeffrey Curtis, President & Chief Executive Officer, Luxul Wireless,
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- time the San Diego agents made a second inspection. Applying the Forfeiture Policy Statement, section 1.80, and the statutory factors to the instant case, we conclude that Lazer is apparently liable for a forfeiture in the amount of $8,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Lazer Licenses, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of section 73.3526 of the rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the release date of this
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- the Enforcement Bureau's Boston Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $15,000 to Brown. Brown has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Robert Brown IS LIABLE FOR A MONETARY FORFEITURE in the amount of $15,000 for violations of section 301 of the Rules. with any questions regarding payment procedures. Brown will also send electronic notification on the date said payment is made to NER-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of this
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that the third-party complaint against the Licensee before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree IS DISMISSED. IT IS FURTHER ORDERED that a
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- the Enforcement Bureau's Boston Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $15,000 to Morris. Morris has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Lloyd Morris IS LIABLE FOR A MONETARY FORFEITURE in the amount of $15,000 for violations of section 301 of the Rules. with any questions regarding payment procedures. Morris will also send electronic notification on the date said payment is made to NER-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of this
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- ability to pay a forfeiture. We have reviewed our records and World Media's submitted documentation and conclude that the forfeiture should be reduced to $5,500, based on its documented inability to pay the forfeiture amount proposed in the NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, World Media Broadcast Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand five hundred dollars ($5,500) for violations of section 11.35(a), 73.1400(a)(1)(ii), and 73.3526 of the Rules. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether AMFM Radio possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against AMFM Radio Licenses, L.L.C., before the Enforcement Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED
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- account the fact that Call Mobile's unlawful operation continued for more that two and a half years. Thus, based on all the factors and evidence, including the extended period of unauthorized operation, we conclude that a proposed aggregate forfeiture of $15,000 is appropriate. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.311, and 1.80 of the Rules, Call Mobile IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for the willful and repeated violation of section 301 of the Act and section 1.903(a) of the Rules and the willful violation of section 1.949(a) of the Rules. IT IS FURTHER ORDERED that, pursuant
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- stations, raising concerns that the Licensee may have a systematic compliance issue with the Commission's public inspection file rules. We strongly encourage the Licensee to review those rules closely and ensure that all of its facilities are in compliance. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, Entertainment Media Trust, Dennis J. Watkins, Trustee is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of sections 73.1350, 73.1590 and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty
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- concerns that Entertainment Media Trust may have a systematic compliance issue with the Commission's public inspection file rules. We strongly encourage Entertainment Media Trust to review those rules closely and ensure that all of its facilities are in compliance. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Entertainment Media Trust, Dennis J. Watkins, Trustee, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-four thousand dollars ($24,000) for violations of section 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release
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- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Clarke is apparently liable for a forfeiture in the amount of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Rules, Durrant Clarke is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice of Apparent
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- the evidence before us, we find that Media East willfully violated section 73.3526 of the Rules by failing to make available a complete public inspection file. Accordingly, we deny Media East's request for cancellation of the proposed $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Media East, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 73.3526 of the Rules. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by both First Class and Certified Mail Return Receipt Requested to Media East,
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- matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Stephen R. Peters is apparently liable for a ten thousand dollar ($10,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Rules, Stephen R. Peters is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 73.3526(e)(12) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice of
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- such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Ms. Woofter is apparently liable for a ten thousand dollar ($10,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Rules, Della Jane Woofter is hereby NOTIFIED of her APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 73.3526(e)(12) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice of
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- that Station KSKT-CA is now in compliance with section 73.3526 of the Rules. This statement must be provided to the Enforcement Bureau at the address listed in paragraph 11 within thirty days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, Blue Skies Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violation of section 73.3526(e)(11)(i) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date of
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether MetroPCS possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Roger D. Linquist, President and CEO, MetroPCS Communications,
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- by operating an unlicensed radio station. Accordingly, pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we conclude that cancellation of the forfeiture is unwarranted and impose a forfeiture in the amount of $20,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Nounoune Lubin IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of section 301 of the Act. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested to Nounoune Lubin at
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- indicator of an ability to pay a forfeiture. We have reviewed Big Fish's submitted documentation and conclude that the forfeiture should be reduced to $7,000, based on its documented inability to pay the forfeiture amount proposed in the NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 03.14, and 1.80(f)(4) of the Commission's Rules, Big Fish Broadcasting, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of sections 17.48 and 17.51(a) of the Rules. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested
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- not a mitigating factor warranting a forfeiture reduction. Accordingly, we conclude that SmartLabs is apparently liable for a $10,000 forfeiture for marketing an uncertified radio frequency device in willful and repeated violation of section 302(b) of the Act and section 2.803(a)(1) of the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.311, and 1.80 of the Commission's Rules, SmartLabs, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for marketing an uncertified radio frequency device in willful and repeated violation of section 302(a) of the Act and section 2.803(a)(1) of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80
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- to section 11.35 of the Rules. This statement must be provided to the Norfolk Office at the address listed in paragraph 11 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture and Order. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, CRS Radio Holding Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of section 11.35 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date of
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- is an appropriate upward adjustment for Comcast's apparent violations. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Comcast is apparently liable for a $16,000 forfeiture. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, Comcast of Alabama, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for violations of sections 11.35(a) and 11.51(h) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the
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- and willfully violated section 303(n) of the Act, and section 95.115 of the Rules. Considering the entire record and the factors listed above, we find that Bondy is liable for a forfeiture in the amount of $24,000. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended (``Act''), and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Rules, we find that Kevin Bondy IS LIABLE FOR A MONETARY FORFEITURE in the amount of $24,000 for willfully and repeatedly violating sections 301 and 333 of the Act, and section 95.183(a)(5) of the Rules, and for willfully violating section 303(n) of the Act and section 95.115 of the Rules. with any questions regarding
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- in writing, why no such forfeiture should be imposed. Upon review of the record, and based upon additional information provided by the companies, we agree that no forfeiture penalties should be imposed on each of the companies listed in the Appendix. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman
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- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Dorvilus is apparently liable for a forfeiture of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Mercius Dorvilus is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release date of
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- that, in general, gross revenues are the best indicator of an ability to pay a forfeiture. Based on our review of the financial documents provided by Mr. Clarke, we find that a reduction from $10,000 to $1,000 is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Durrant Clarke IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for violations of Section 301 of the Act. on the date said payment is made. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both First Class and Certified Mail,
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- KCRX(AM) is now in compliance with Section 11.35 of the Rules. This statement must be provided to the San Diego Office at the address listed in paragraph 11 within thirty (30) calendar days of the release of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Rosendo Casarez, Jr., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty (30) calendar days of the release date
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- disregard for the Act and Commission's rules. Accordingly, applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Fleurinor is apparently liable for a forfeiture of $25,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Whisler Fleurinor is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release date of
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- the forfeiture amount is warranted. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Cheriza is apparently liable for a forfeiture in the amount of $20,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Robens Cheriza is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release date of
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- of our review, we conclude that Cerritos Ford willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that a forfeiture in the amount of $4,000 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Cerritos Ford IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 1.903(a) of the Commission's Rules. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by both First Class Mail and Certified Mail Return Receipt
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- KPIR is maintaining and making available a complete public inspection file. This statement must be provided to the Dallas Office at the address listed in paragraph 12 within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, The L.R. Radio Group, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 73.3526 of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty (30) calendar days of
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- and complete public inspection files for Stations KQMG and KQMG-FM. This statement must be provided to the Kansas City Office at the address listed in paragraph 18 within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's Rules, KM Radio of Independence, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Sections 11.35, 17.51, 73.1560(b), and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Companies possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by certified mail, return receipt requested, to counsel for the Companies, Brian W. Murray, Esq., Latham & Watkins LLP, 555
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- of ATVCI, certifying that its public inspection file is available during regular business hours. This statement must be provided to the New Orleans Office at the address listed in paragraph 11 within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Allen's TV Cable Service, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 76.1700(b) of the rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) calendar days of the release
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- disputed issues, which may limit or eliminate the need for litigation and the further expenditure of resources by the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, 47 U.S.C. §§ 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Joint Notice of Settlement and Voluntary Dismissal IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, 47 U.S.C. §§ 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 1.1401-1.1418, and the authority delegated in sections 0.111
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- Athens, Ohio are in compliance with Section 11.35 of the Rules. This statement must be provided to the Detroit Office at the address listed in paragraph 10 within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204(b), 0.311, 0.314 and 1.80 of the Commission's rules, Richards TV Cable Co. Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 11.35 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty days of the release date
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- penalty of perjury by an officer or director of Taylor Broadcasting that the Station's main studio is staffed full-time by full-time managerial and staff personnel (listing the names of the staff and manager and the hours and days worked). ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204(b), 0.311, 0.314 and 1.80 of the Commission's Rules, Taylor Broadcasting Co. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 73.1125(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) calendar days of the release date
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- the succeeding calendar quarter. This statement must be provided to the Philadelphia Office at the address listed in paragraph 11 within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and Order. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Curran Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 73.3526(e)(12) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
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- this case, there were two separate unauthorized transfers of control. Based on the facts and circumstances presented, HTI is therefore apparently liable for a total forfeiture of $16,000 for willful violations of the express terms of the cable landing license for the Cable System. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, 0.314 and 1.80 of the Rules, Hawaiian Telcom, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $16,000 for apparently willfully or repeatedly violating the conditions of the submarine cable landing license for the Hawaii Interisland Cable System. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30)
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- Policy Statement, 12 FCC Rcd 17087, 17113 (1997). 1588 Federal Communications Commission DA 12-211 and circumstances presented, HTI is therefore apparently liable for a total forfeiture of $16,000 for willful violations of the express terms of the cable landing license for the Cable System.28 IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDEREDthat, pursuant to Section 503(b) of the Act29and Sections 0.111, 0.311, 0.314 and 1.80 of the Rules,30Hawaiian Telcom, Inc. is hereby NOTIFIEDof its APPARENT LIABILITY FOR A FORFEITUREin the amount of $16,000 for apparently willfully or repeatedly violating the conditions of the submarine cable landing license for the Hawaii Interisland Cable System.31 12. IT IS FURTHER ORDEREDthat, pursuant to Section 1.80 of the Rules, within thirty (30) calendar days of
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- Reconsideration of the Forfeiture Order. Accordingly, we will grant that portion of KUSI's petition that is consistent with the court's dismissal order and will dismiss as moot all other portions of the petition. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 4(i) and 504(b) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154 (i), 504(b); and Sections 0.111, 0.311, 1.80(f)(4), 1.80(i), and 1.106 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4), 1.80(i), the Forfeiture Order IS CANCELED. IT IS FURTHER ORDERED that, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 405; and Sections 0.111, 0.311, and 1.106 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311,
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether BSCI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Thomas J. Moorman, Woods & Aitken LLP, 2154 Wisconsin
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether AMS possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Lynn P. Martin, President, American Music and Sound, 22020
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- its license authorization. This statement must be provided to the Houston Office at the address listed in paragraph 11, below, within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and Order. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, JHT Ventures, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.1745(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release date
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- come into full compliance with Section 73.1350(a) of the Rules. This statement must be provided to the Tampa Office at the address listed in paragraph 12, below, within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Super W Media Group, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.1350(a) of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of
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- and the Rules. This statement must be provided to the San Juan Office at the address listed in paragraph 19 within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and Order. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Argos Net, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of Section 301 of the Act and Section 15.1(b) of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty
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- Commission to update the ownership information for the Antenna Structure. This statement must be provided to the San Juan Office at the address listed in paragraph 11 within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Hacienda San Eladio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand five hundred dollars ($4,500) for violation of Section 17.57 of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days
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- has determined that, in general, gross revenues are the best indicator of an ability to pay a forfeiture. Based on the financial documents and other materials provided by Insight, we find sufficient basis to reduce the forfeiture to $16,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Insight Consulting Group of Kansas City, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of sixteen thousand dollars ($16,000) for violations of Section 301 of the Act and Section 15.1(b) of the Commission's rules. with any questions regarding payment procedures. Insight shall also send electronic notification on the date
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- compliance with Section 20.19(c)(3)(ii) of the hearing aid compatibility rules. Based on information recently provided by Epic Touch regarding its wireless handset offerings, we conclude that Epic Touch has demonstrated that it was in compliance during the requisite period. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the proposed forfeiture issued to Epic Touch in the 2010 NAL WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be
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- to be due to a failure to control for unobserved effects that are correlated with LPFM entry. Table 23 Effect of LPFM Entry on the Revenue per Adult of Full-Service Commercial FM Stations with Particular Program Formats: Format Competition Miscellaneous Format Ethnic and Spanish Formats Religion Format Miscellaneous, Ethnic, and Religion Formats Contour Measure 0.175 (0.47) 0.085 (1.06) -0.171 (2.60)** -0.111 (1.25) Market Measure -0.003 (0.01) 0.057 (0.68) -0.100 (1.72) -0.085 (1.06) Contour/Market Measure 0.213 (0.52) 0.118 (1.18) -0.220 (2.82)** -0.125 (1.18) * - estimated regression coefficient is different from zero at the 95 percent level of confidence. ** - estimated regression coefficient is different from zero at the 99 percent level of confidence. The coefficient on the number of LPFM
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- We have previously rejected inability to pay claims in cases of repeated or otherwise egregious violations. Therefore, future violations of this kind may result in significantly higher forfeitures that may not be reduced due to Mr. Lebron's financial circumstances. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Eleuterio Lebron IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violations of Section 301 of the Act. on the date said payment is made. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both First Class and
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- the forfeiture amount is warranted. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Darius is apparently liable for a forfeiture in the amount of $15,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Jeffrey Darius is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release date of
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- We have previously rejected inability to pay claims in cases of repeated or otherwise egregious violations. Therefore, future violations of this kind may result in significantly higher forfeitures that may not be reduced due to Mr. Perry's financial circumstances. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Michael W. Perry IS LIABLE FOR A MONETARY FORFEITURE in the amount of four hundred fifty dollars ($450) for violations of Section 301 of the Act and Sections 95.409 and 95.411 of the Commission's rules. with any questions regarding payment procedures. Mr. Perry shall also send electronic notification on the date
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- public inspection file; and (3) properly installed Station WNFO's EAS equipment. This statement must be provided to the Atlanta Office at the address listed in paragraph 19 within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Walter M. Czura is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty five thousand dollars ($25,000) for violations of Sections 11.35(a), 73.49, and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty (30) calendar days
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- of its transmitter. This statement must be provided to the Chicago Office at the address listed in paragraph 14, below, within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and Order. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204(b), 0.311, 0.314, and 1.80 of the Commission's Rules, Hoosier Public Radio Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 73.1350(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date
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- San Francisco Office (San Francisco Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $25,000 to Garcia. Garcia has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Gabriel A. Garcia IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 301 of the Communications Act of 1934, as amended. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by both First Class Mail
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Uniradio possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Ricardo Astiazaran, General Manager, Uniradio Corporation, 5030 Camino
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- absence of new material evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ETI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Avi El-Kiss, Vice President, ETI Sound Systems, Inc.,
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- San Francisco Office (San Francisco Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $25,000 to Garcia. Garcia has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Gabriel A. Garcia IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 303(n) of the Communications Act of 1934, as amended. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by both First Class Mail
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- absence of material new evidence relating to these matters, we conclude that our investigations raise no substantial or material questions of fact as to whether Verizon possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Tamara Preiss, Vice President, Federal Regulatory Affairs, Verizon, 1300
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Verizon Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Mr. John T. Scott, III, Vice President and Deputy
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- assisting, or advising applicants or service providers regarding the E-Rate program. Sincerely, Theresa Z. Cavanaugh Acting Chief Investigations and Hearings Division Enforcement Bureau cc: Johnnay Schrieber, Universal Service Administrative Company (via e-mail) Rashann Duvall, Universal Service Administrative Company (via e-mail) Stephanie L. Haines, United States Attorney's Office, Western Pennsylvania (via e-mail) 47 C.F.R. § 54.8(g). See also 47 C.F.R. § 0.111 (delegating authority to the Enforcement Bureau to resolve universal service suspension and debarment proceedings). Letter from Theresa Z. Cavanaugh, Acting Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Dr. Dennis L. Bruno, Notice of Suspension and Initiation of Debarment Proceeding, 26 FCC Rcd 16006 (Enf. Bur. 2011) (Attachment 1). 76 Fed. Reg. 74058 (Nov. 30, 2011). (Press
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- Forfeiture Policy Statement, we conclude that Pacific Spanish willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that a forfeiture in the amount of $6,000 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Pacific Spanish Network, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000) for willfully and repeatedly violating Section 1.903(a) of the Commission's rules. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by both First Class Mail and Certified Mail,
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Hawking possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Act, and sections 0.111 and 0.311 of the rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned enforcement proceeding IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Frank Lin, President, Hawking Technologies, Inc., 36 Hammond,
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- Office (Miami Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $10,000 to Mr. Dorviuls. Mr. Dorvilus has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Mercius Dorvilus IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 301 of the Act. with any questions regarding payment procedures. Mercius Dorvilus shall also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of
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- its U-NII systems in compliance with FCC rules and applicable authorizations. This statement must be provided to the Enforcement Bureau at the address listed in paragraph 16 within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, VPNet, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Sections 301 and 302(b) of the Act and Sections 15.1(b) and 15.1(c). IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty calendar days
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- of Justice (via e-mail) Any further reference in this letter to ``your conviction'' refers to your guilty plea and subsequent sentencing for conspiracy to defraud the United States in United States v. Gloria F. Harper, Criminal Docket No. 2:10-cr-00326-CJB-ALC, Plea Agreement (E.D. La. filed June 2, 2011 and entered June 6, 2011) (Plea Agreement). 47 C.F.R. § 54.8. Id. § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the E-Rate program in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (Second Report and Order) (adopting Section 54.521 to suspend and debar parties
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- in the amount of $22,000. We further caution Mr. Young that future violations may be subject to more severe enforcement action, including but not limited to larger monetary forfeitures, criminal prosecution, and the in rem seizure of his equipment. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Arthur Lee Young is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-two thousand dollars ($22,000) for violations of Sections 301 and 303(n) of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the
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- pay a claim, the Commission has determined that, in general, gross revenues are the best indicator of an ability to pay a forfeiture. Having reviewed Vision Latina's submitted documentation, we conclude that the forfeiture should be reduced to $500. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Vision Latina Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five hundred dollars ($500) for violations of Sections 73.1125 and 73.3526 of the Commission's rules. on the date said payment is made. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both
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- we conclude that our investigations raise no substantial or material questions of fact as to whether Reduced Rate Long Distance possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Thomas K. Crowe, Partner, Law Offices of Thomas K. Crowe,
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- with the Forfeiture Policy Statement, we conclude that South Bay willfully and repeatedly violated Section 301 of the Act and Section 1.903(a) of the Rules, and we find that a forfeiture in the amount of $300 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, South Bay Aviation, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of three hundred dollars ($300) for willfully and repeatedly violating Section 301 of the Communications Act of 1934, as amended, and Section 1.903(a) of the Commission's rules. . IT IS FURTHER ORDERED that a copy of this Forfeiture
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- Office (Miami Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $20,000 to Mr. Cheriza. Mr. Cheriza has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Robens Cheriza IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for violations of Section 301 of the Act. with any questions regarding payment procedures. Robens Cheriza shall also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of
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- Office (Miami Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $10,000 to Mr. Thermitus. Mr. Thermitus has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Robenson Thermitus IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 301 of the Act. with any questions regarding payment procedures. Robenson Thermitus shall also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of
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- of an ability to pay a forfeiture. We have reviewed our records and Beacon's submitted documentation and conclude that the forfeiture should be reduced to $8,000, an amount within the range determined by the Bureau to be affordable. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Beacon Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Sections 73.3526(e)(12), 73.1745(a), and 1.903(a) of the Rules. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by both First Class and Certified Mail, Return Receipt
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- with the corresponding NOTAM number; and (4) a timeframe for repair. This statement must be provided to the Atlanta Office at the address listed in paragraph 10 within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Telava Wireless, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Section 303(q) of the Act and Section 17.51(a) of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty
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- been restored, Telava's statement shall provide a timeframe for lighting restoration. This statement must be provided to the Chicago Office at the address listed in paragraph 16 within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Telava Wireless, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violations of Section 303(q) of the Act and Sections 17.47 and 17.56(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within
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- that Dollar willfully and repeatedly violated Section 301 of the Act and Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that a forfeiture in the amount of $12,000 is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, DTG Operations Inc., d/b/a Dollar Rent-A-Car, IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for willfully and repeatedly violating Section 301 of the Communications Act of 1934, as amended, and Section 1.903(a) of the Commission's rules. IT IS FURTHER ORDERED that a copy of this
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- authorized power levels. This statement must be provided to the Miami Office at the address listed in paragraph 11, below, within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and Order. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, ERJ Media, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.1745(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release date
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- it has implemented to ensure the Antenna Structure retains good visibility. This statement must be provided to the Dallas Office at the address listed in paragraph 11 within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Classic Cable, Inc. dba Suddenlink Communications is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 17.50 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules, within thirty (30) calendar days of
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- it has implemented to ensure the Antenna Structure retains good visibility. This statement must be provided to the Dallas Office at the address listed in paragraph 11 within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, James Cable, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 17.50 of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules, within thirty (30) calendar days of the release
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- section 227 of the Act and the Commission's related rules and orders, for the reasons set forth in the NAL. III. ordering clauses Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), and under authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Response Card Marketing, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $9,000 for willfully or repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. § 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. § 64.1200(a)(3), and the related
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation, as to the Station and/or the Licensee, IS TERMINATED. IT IS FURTHER ORDERED that any third-party complaints and allegations against the Stations and/or the Licensee before the Enforcement Bureau related to the above-captioned investigation as of the date
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- it has implemented to ensure the Antenna Structure retains good visibility. This statement must be provided to the Dallas Office at the address listed in paragraph 11 within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Mobile Phone of Texas, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 17.50 of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty (30) calendar days of
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- Kissi willfully and repeatedly violated Section 301 of the Act. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's rules, the Petition for Reconsideration filed by Alexander Kissi IS DENIED. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, Alexander Kissi IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. on the date said payment is made. IT IS FURTHER ORDERED that this Memorandum Opinion and Order shall be sent by both regular mail and by certified mail, return
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- of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Mr. Mann possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned enforcement proceeding IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Richard Mann d/b/a The Antique Radio Collector, 4231
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- such cases that, in general, gross revenues are the best indicator of an ability to pay a forfeiture. Based on the financial documents and other materials provided by Power, we find sufficient basis to reduce the forfeiture to $1,500. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Power Ministries IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violations of section 73.1660(a)(2) of the Commission's rules. with any questions regarding payment procedures. Power Ministries shall also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. IT IS
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- Forfeiture Order. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Rules, that the Petition for Reconsideration filed by Princess K Fishing Corporation IS DISMISSED and the Forfeiture Order IS AFFIRMED. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Princess K Fishing Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand, five hundred dollars ($5,500) for violations of section 80.89(a) of the Rules. with any questions regarding payment procedures. Princess K shall also send electronic notification to WR-Response@fcc.gov on the date said payment is made. IT IS FURTHER ORDERED
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- such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Cebridge is apparently liable for a forfeiture in the amount of $8,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Cebridge Acquisition, LP is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Sections 76.605(a)(12) and 76.611(a)(1) of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of
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- has a valid STA. This statement must be provided to the Philadelphia Office at the address listed in paragraph 15, infra, within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture and Order. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314, and 1.80 of the Commission's Rules, Nassau Broadcasting II, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violations of sections 73.1745(a) and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within thirty (30) days of the
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- signed under penalty of perjury by an officer or director of Mapleton within thirty (30) calendar days of the release date of this Forfeiture Order that Station KXDZ(FM) is now in compliance with Section 73.3526 of the Rules. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Mapleton License of San Luis Obispo, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 73.3526 of the Commission's Rules. . IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by both First Class
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- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Thermitus is apparently liable for a forfeiture of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Robenson Thermitus is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release date of
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Telrite possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act, and Sections 0.111 and 0.311 of the rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to David H. Solomon, Wilkinson Barker Knauer, LLP, 2300 N
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- statement must be provided to the Federal Communications Commission, Enforcement Bureau, South Central Region, Tampa Office, 4010 W. Boy Scout Blvd., Suite 425, Tampa, Florida 33607, within thirty (30) calendar days of the release date of this Forfeiture Order. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Ace of Hearts Disc Jockey Service, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand dollars ($11,000) for violations of Sections 73.1350 and 74.1235(e) of the Commission's rules. IT IS FURTHER ORDERED that Ace of Hearts Disc Jockey Service, Inc. SHALL SUBMIT a statement as described in
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- absence of new material evidence relating to this matter, we conclude that our investigations raise no substantial or material questions of fact as to whether Ztar possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Kevin Haddad, President, Ztar Mobile, Inc., 16 Village
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- and describing the disposition of the remaining inventory of the device. This statement must be provided to the Enforcement Bureau at the address listed in paragraph 13 within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, US Jetting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand four hundred dollars ($8,400) for violation of Section 302(b) of the Act and Sections 2.803(a)(1) and 15.201(b) of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
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- for a forfeiture in the amount of twenty two thousand dollars ($22,000). In view of today's action, and in light of Clear Channel's prior history of non-compliance, we caution that the imposition of even higher forfeitures may result in the future if such misconduct persists. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Commission's rules, that Clear Channel Communications, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty two thousand dollars ($22,000) for apparently willfully and repeatedly violating section 73.1216 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty (30) days of
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether InterMetro possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to David Olert, InterMetro Communications, Inc., 2685 Park Center Dr.,
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- consistent with prior precedent for entities failing to receive prior authorization from the International Bureau, a proposed forfeiture of $100,000 is warranted for Page Plus's apparent willful repeated failure to obtain Section 214 authority from the Commission prior to providing international telecommunications service. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, 0.314 and 1.80 of the rules, Start Wireless Group, Inc. d/b/a Page Plus Cellular, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $100,000 for apparently willfully and repeatedly violating Section 214(a) of the Act and Section 63.18 of the rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules,
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- Bureau's Detorit Office issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $10,000 to Taylor Broadcasting. Taylor Broadcasting has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Taylor Broadcasting Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 73.1125 of the Commission's rules. with any questions regarding payment procedures. Taylor Broadcasting Company shall also send electronic notification on the date said payment is made to NER-Response@fcc.gov. 5. IT IS FURTHER ORDERED that
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- the Enforcement Bureau's Detroit Office issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $22,000 to R.J. R.J. has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, R.J.'s Late Night Entertainment Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $22,000 for violations of Sections 11.35(a), 73.1690(b)(2), and 73.3527(b)(1) of the Commission's rules. with any questions regarding payment procedures. R.J.'s Late Night Entertainment Corporation shall also send electronic notification on the date said payment is made to
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- (Kansas City Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $10,000 to KM Radio. KM Radio has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, KM Radio of Independence, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 303(q) of the Act and Sections 11.35, 17.51, 73.1560(b), and 73.3526 of the Commission's rules. with any questions regarding payment procedures. KM Radio of Independence, LLC shall also send electronic notification on
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- Cleburne Independent School District Texas $7,231.32 Leander Independent School District Texas $31,872.31 Teague Independent School District Texas $3,190.56 TOTAL $891,987.85 Any further reference in this letter to ``your conviction'' refers to your guilty plea and subsequent sentencing for mail fraud in United States v. Jonathan Michael Slaughter, Criminal Case No. 2:11cr162-MEF-01, Judgment (M.D. Ala. 2012) (Judgment). See 47 C.F.R. § 0.111 (delegating authority to the Bureau to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the E-Rate program in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (Second Report and Order) (adopting Section 54.521 to suspend and debar parties from
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- 13, 2012, the Division released an Order and Consent Decree settling this enforcement proceeding. Consistent with the terms of the Consent Decree, Mr. Mann has now filed a motion with the Bureau seeking to withdraw the pending Application for Review. We hereby grant Mr. Mann's request. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, Mr. Mann's Motion to Withdraw IS GRANTED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail, return receipt requested, to Richard Mann d/b/a The Antique Radio Collector, 4231 Willys Parkway, Toledo, OH 43612. FEDERAL COMMUNICATIONS COMMISSION John D. Poutasse Chief Spectrum Enforcement Division Enforcement
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- Bureau's Detroit Office issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $8,000 to Upper Peninsula. Upper Peninsula has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Upper Peninsula Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for violations of Section 11.35(a) of the Commission's rules. with any questions regarding payment procedures. Upper Peninsula Communications, Inc. shall also send electronic notification on the date said payment is made to NER-Response@fcc.gov. 5. IT IS FURTHER
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- ensure that the FAA maintains an active NOTAM regarding the structure. This statement must be provided to the Houston Office at the address listed in paragraph 13 within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, James A. Davis is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Section 303(q) of the Act and Sections 17.48(a), 17.50, 17.51(a), and 17.57 of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
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- San Diego Office (San Diego Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $8,000 to Casarez. Casarez has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Rosendo Casarez, Jr. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully and repeatedly violating Section 11.35 of the Commission's rules. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by both First Class Mail and Certified Mail, Return
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- this case, the Bureau is fully within its authority to consider deterrence as a factor in determining an appropriate forfeiture amount, as the Forfeiture Policy Statement explicitly discusses. See Forfeiture Policy Statement, 12 FCC Rcd at 17098. See NAL Response at 1. Id. at 8. Id. at 6. See id. See 47 U.S.C. §§ 154(i), 154(j), 403; 47 C.F.R. §§ 0.111, 0.311. See, e.g., Allcom, Notice of Apparent Liability for Forfeiture and Order, 25 FCC Rcd 9124, 9126 (Enf. Bur. 2010). See, e.g., Norfolk Southern Railway Company KFR86 Atlanta, Georgia, Order, 11 FCC Rcd 519 (Compliance & Information Bur. 1996). Reverend Theodore M. Schultz, File No. EB-02-IH-0128, Letter (Enf. Bur. May 30, 2002). See NAL Response at 5-8. See supra note
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation, as to the Station and/or the Licensee, IS TERMINATED. IT IS FURTHER ORDERED that any third-party complaints and allegations against the Station and/or the Licensee before the Enforcement Bureau related to the above-captioned investigation as of the date
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- sponte, and prior to the Bureau's involvement, which warrants a downward adjustment in the forfeiture amount. Accordingly, having considered the record in this case, we find that Nassau is apparently liable for a forfeiture in the amount of $2,000. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's rules, that Nassau Broadcasting III, LLC, Debtor-in-Possession, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $2,000 for apparently willfully violating Section 73.1206 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release date of
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- the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mount Rushmore is apparently liable for a total forfeiture in the amount of twenty-one thousand, five hundred dollars ($21,500). ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Mt. Rushmore Broadcasting, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand, five hundred dollars ($21,500) for violations of Sections 73.1125(a), 73.1125(e), 73.1225(a) and 73.1350(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty
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- it has not received a prior violation during its more than twenty-year history. We have examined the record and agree. Accordingly, we reduce the total forfeiture from $4,000 to $3,200 based on Gila's history of compliance with the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Gila Electronics Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand, two hundred dollars ($3,200) for violations of section 1.903(a) of the Commission's rules. . IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail, Return Receipt Requested,
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- 73.3526 of the Rules. This statement must be provided to the Portland Office at the address listed in paragraph 11 within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and Order. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Pacific Empire Radio Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty five thousand dollars ($25,000) for violations of Section 73.3526(e)(12) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the
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- such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that WOYK is apparently liable for a forfeiture in the amount of $7,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, WOYK Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty (30) calendar days of the release date of
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- the succeeding calendar quarter. This statement must be provided to the Philadelphia Office at the address listed in paragraph 14 within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and Order. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Quinn Broadcasting Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for violations of Sections 73.3526(e)(12) and 17.57 of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty (30) calendar days of
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- Office (Miami Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $10,000 to Mr. Cernogg. Mr. Cernogg has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Willis Cernogg, Jr. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 301 of the Act. with any questions regarding payment procedures. Willis Cernogg, Jr. shall also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a
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- the absence of material new evidence relating to these matters, we conclude that our investigations raise no substantial or material questions of fact as to whether Verizon Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to John T. Scott, Vice President and Deputy General Counsel
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- inspection file by the tenth day of the succeeding calendar quarter. This statement must be provided to the Detroit Office at the address listed in paragraph 13 within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Birach Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violations of Sections 73.49, 73.3526(c)(1) and 73.3526(e)(12) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty (30) calendar days of
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Horvath possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jacqueline L. Stout, President, Horvath Towers, LLC, and Jason
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- require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Townsquare is apparently liable for a total forfeiture of $4,000 for operating its daytime-only station after sunset. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Townsquare Media of Flint, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.1745(a) of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of
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- it will take to comply with the Section 17.47 monitoring requirements. This statement must be provided to the Houston Office at the address listed in paragraph 11 within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Martin Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act and Sections 17.47(a) and 17.51(a) of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules,
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- of the Rules, and the statutory factors to the instant case, we conclude that Aramark is apparently liable for a forfeiture of $4,000 for each of the unauthorized frequencies on which it operated, for a total forfeiture of $12,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Aramark is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Section 301 of the Act and Section 1.903(a) of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar
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- amount of $5,000 is warranted. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Rivas is apparently liable for a forfeiture in the amount of $15,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Luis Ernesto Rivas, Jr. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Section 301 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tama possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act, and Sections 0.111, 0.204, 0.311, 0314 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Tama Broadcasting of South Carolina, L.L.C., 5207 Washington
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- the forfeiture amount is warranted. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Knighten is apparently liable for a forfeiture in the amount of $15,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Albert R. Knighten, Jr. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release
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- W's submitted documentation and the relevant precedent, we conclude that the Licensee's gross revenues can support paying a reduced forfeiture. Accordingly, we reduce the forfeiture from $4,000 to $3,500 based solely on the financial information that Super W submitted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Super W Media Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand five hundred dollars ($3,500) for violations of Section 73.1350(a) of the Commission's rules. on the date said payment is made. IT IS FURTHER ORDERED that a copy of this Order shall be sent by
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- In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether StanaCard possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by certified mail, return receipt requested, to Mr. Cheng Yi Liu, Esq., Counsel to StanaCard, LLC, Law Offices of Thomas
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- Office (Atlanta Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $22,000 to Mr. Young. Mr. Young has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Arthur Lee Young IS LIABLE FOR A MONETARY FORFEITURE in the amount of $22,000 for violations of Sections 301 and 303(n) of the Act. with any questions regarding payment procedures. Arthur Lee Young shall also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Level 3 possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Gregory T. Diamond, Corporate Counsel, Level 3 Communications, LLC,
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- lighting outage to ensure an active NOTAM is in place. This statement must be provided to the New Orleans Office at the address listed in paragraph 12 within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Debut Broadcasting Mississippi, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violations of Section 303(q) of the Act and Sections 17.48, 17.51, and 73.1745 of the Commission's rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
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- EPIC CPNI Order by failing to submit annual CPNI compliance certificates for the calendar years 2008 and 2009, and by failing to respond to a Bureau order to submit certain information regarding Jahan's CPNI filings. We assess a monetary forfeiture of $29,000 against Jahan. ordering clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b)(1) of the Act, and Sections 0.111, 0.311 and 180(f)(4) of the Commission's rules, Jahan Telecommunication, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-nine thousand dollars ($29,000) for willfully and repeatedly violating Section 222 of the Act, Section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order and for failing to provide certain information regarding its CPNI filings in response to
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- Station WOAP in compliance with Section 73.1745(a) of the Rules. This statement must be provided to the Detroit Office at the address listed in paragraph 14, below, within thirty (30) calendar days of the release date of this NAL. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Birach Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.1745(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release date
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- reduction of the forfeiture. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's rules, the Petition for Reconsideration filed by Robert Brown IS DISMISSED and the Forfeiture Order IS AFFIRMED. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Robert Brown IS LIABLE FOR A MONETARY FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Section 301 of the Act. . IT IS FURTHER ORDERED that this Memorandum Opinion and Order shall be sent by both first class mail and certified mail, return receipt requested, to Robert Brown at his
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- reduction of the forfeiture. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's rules, the Petition for Reconsideration filed by Lloyd Morris IS DISMISSED and the Forfeiture Order IS AFFIRMED. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Lloyd Morris IS LIABLE FOR A MONETARY FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Section 301 of the Act. . IT IS FURTHER ORDERED that this Memorandum Opinion and Order shall be sent by both first class mail and certified mail, return receipt requested, to Lloyd Morris at his
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- Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Vision Latina Broadcasting is apparently liable for a total forfeiture in the amount of $25,000 for providing incorrect factual information to the Commission. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Vision Latina Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty five thousand dollars ($25,000) for violation of Section 1.17(a)(2) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the
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- of the Rules, and the statutory factors to the instant case, we conclude that Vision Latina Broadcasting is apparently liable for a total forfeiture in the amount of $15,000 for failing to make available a complete public inspection file. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Vision Latina Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violation of Section 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release
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- the forfeiture amount is warranted. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Jean is apparently liable for a forfeiture in the amount of $15,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Pierre Nixon Jean is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release date
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- and in conjunction with the Forfeiture Policy Statement and Section 1.80 of the Rules. Considering the entire record and the statutory factors listed above, we find that A Radio is liable for a forfeiture in the amount of $25,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, A Radio Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violating the terms of a Bureau order adopted pursuant to Sections 4(i) and 503(b) of the Act. on the date said payment is made. IT IS FURTHER ORDERED that a copy of
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- relating to this matter, we, the Bureau, conclude that our investigation raises no substantial or material questions of fact as to whether Comcast possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. IT IS FURTHER ORDERED that all third-party complaints against Comcast before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED. IT IS FURTHER ORDERED that a
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- line charges on independent payphone providers by certain local exchange carriers. The complaints listed in the caption above were inadvertently omitted from the April 13 Order. ACCORDINGLY, IT IS ORDERED, pursuant to Sections 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 201(b), and 208 and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the following cases shall be added to the caption of the April 13 Order and shall be covered by the determinations therein. Federal Communications Commission Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau C. F. Communications Corp., et al. v. Century Telephone of Wisconsin, Inc.
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- international telephone calls charged to credit cards issued by complainants. This order was incorrectly released as DA 00-576. The above-captioned order has been reassigned as DA 00-1357. 2. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208 and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the order to dismiss with prejudice is rereleased as DA 00-1357. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau (continued....) Federal Communications Commission Federal Communications Commission @& 0ũ 0ũ 0ũ 0ũ 0ũ 0ũ đņ
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- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Metrocall's Consent Motion to Dismiss IS GRANTED. IT IS FURTHER ORDERED that the supplemental complaint for damages in the above-captioned matter IS DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Frank Lamancusa Deputy Chief, Market Disputes Resolution Division Enforcement Bureau Telecommunications Act of 1996,
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- charges on independent payphone providers by certain local exchange carriers. The complaints listed in the caption above were inadvertently omitted from the April 13 Liability Order. ACCORDINGLY, IT IS ORDERED, pursuant to Sections 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 201(b), and 208 and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the above-captioned cases shall be added to the caption of the April 13 Liability Order and shall be covered by the determinations therein. Federal Communications Commission Radhika Karmarkar Deputy Chief Market Disputes Resolution Division Enforcement Bureau C. F. Communications Corp., et al. v. Century Telephone of Wisconsin,
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- On January 25, 2002, the Commission's Miami, Florida, Resident Agent Office issued a Notice of Apparent Liability for Forfeiture in the amount of $17,000 to CTI for the noted violations. CTI has not filed a response. Based on the information before us, we affirm this forfeiture. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, CTI IS LIABLE FOR A MONETARY FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willfully violating Section 301 of the Act and repeatedly and willfully violating Section 302a (b) of the Act and Section 2.803(a)(1) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section
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- the instant case, we believe that a seven thousand dollar ($7,000) monetary forfeiture is warranted because the record reveals that Mr. Norman has an overall history of compliance and he showed good faith surrounding the violations by his voluntary disclosure of information. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80 of the Rules, Stan Norman is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violating Section 303(q) of the Act, and Sections 17.4(a), 17.48(a), and 17.50 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the date
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- any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and statutory factors to the instant case, we believe that a monetary forfeiture of four thousand dollars ($4,000) is warranted for the violation. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules Statcom Communications Corp is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for failure to effectively monitor for communications in progress prior to transmitting, in violation of Section 90.403(e) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,
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- as justice may require. Morradio's violations were repeated and willful, and the licensee has a prior history of similar violations. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $12,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Morradio, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violating the Commission's rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the released date of this NOTICE OF APPARENT LIABILITY, Morradio,
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- degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Skywave's violations were repeated and willful. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $7,000 forfeiture is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Skywave Electronics, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violating Section 302 of the Act and Section 2.907 of the Commission's rules. 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's rules, within thirty days of
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- case, we believe that a seven thousand dollar ($7,000) monetary forfeiture is warranted because the record reveals that La Favorita has a history of not replying to Notices of Violation and the antenna structure registration violation was repeated. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, La Favorita is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violating Section 1.89(b) of the Commission's Rules requiring a written response to a Notice of Violation and Section 17.4(a) of the Commission's Rules requiring antenna structures to be registered with the Commission.
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- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Morrison's violations were repeated and willful. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $2,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Mike Morrison is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violating Section 302 of the Act. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's rules, within thirty days of the released date of this NOTICE OF APPARENT
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- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and statutory factors to the instant case, a monetary forfeiture in the amount of $8000 is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, that Robert L. Meyers is hereby NOTIFIED of his APPARENT LIABILITY FOR MONETARY FORFEITURE in the amount of EIGHT THOUSAND DOLLARS ($8000) for the willful violation of Section 333 of the Communications Act, Section 97.101(d) of the Commission's Rules, and Section 97.119(a) of the Commission's Rules. 11. IT IS FURTHER ORDERED, pursuant to
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- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and statutory factors to the instant case, a monetary forfeiture in the amount of $8000 is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, that Paul E. Holcombe is hereby NOTIFIED of his APPARENT LIABILITY FOR MONETARY FORFEITURE in the amount of EIGHT THOUSAND DOLLARS ($8000) for the willful violation of Section 333 of the Communications Act, Section 97.101(d) of the Commission's Rules, and Section 97.119(a) of the Commission's Rules. 11. IT IS FURTHER ORDERED, pursuant to
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- and in writing, by Commission representatives and Martin indicated that he fully understood the requirements of the Act. Martin repeated the violations after receiving these warnings. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $17,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Leonard D. Martin is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violating Section 301 of the Act and Section 303(n) of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release
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- evidence that it was a small business. Since there is no indication that Bronco's status as a small business has changed, and after applying all of the Forfeiture Policy Statement and statutory factors to the instant case, a $15,000 forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Bronco Broadcasting Co., Inc., is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violating Sections 11.35(a), 73.61(a), 73.62(b)(3) and 73.3526(e)(12) of the Rules, 47 C.F.R. §§ 11.35(a), 73.61(a), 73.62(b)(3) and 73.3526(e)(12). 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
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- violation was willful, and resulted in interference to a public safety entity. Nextel Communications, as a Commission licensee, should fully understand the requirements of the Act. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Nextel Communications, Inc., is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violating Section 301 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF APPARENT
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- was willful, and resulted in interference to communications of a licensed station. Nextel Communications, as a Commission licensee, should fully understand the requirements of the Act. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Nextel Communications, Inc., is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violating Section 301 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF APPARENT
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- violation was willful, and resulted in interference to a public safety entity. Nextel Communications, as a Commission licensee, should fully understand the requirements of the Act. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Nextel Communications, Inc., is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violating Section 301 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF APPARENT
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- File violation to $5,000, as many of the documents in question may have been available at the station, but not assembled in an organized manner. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $15,000 forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Church Point Ministries, Inc., is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violating Sections 17.4(a)(2), 73.49, and 73.3526(a)(2) of the Rules, 47 C.F.R. §§ 17.4(a)(2), 73.49, and 73.3526(a)(2). 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty
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- respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying Section 1.80 of the Rules and statutory factors to the instant case, a $4,000 forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, GNOTS Reserve, Inc., is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violating Section 80.373(f) of the Rules, 47 C.F.R. § 80.373(f). 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
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- Inc., licensee of Station KOBB(AM) is in apparent willful violation of Section 73.49 of the Commission's rules. The Commission's Forfeiture Policy Statement sets a base forfeiture amount of $7,000 for a violation of Section 73.49 of the rules. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Reier Broadcasting Company, Inc., licensee of Station KOBB(AM) is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violating the provisions of Section 73.49 of the Commission's Rules, which requires that AM antenna towers must be enclosed within effective locked fences. IT IS FURTHER
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- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $12,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Arnold Broadcasting Company, Inc., is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violation of Section 301 of the Communications Act of 1934, as amended and Section 11.61 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's
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- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $7,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,8 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,9 Pilgrim is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,10 within thirty days of the release date of this NOTICE OF APPARENT LIABILITY,
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- degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $4,000 forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Simmons-SLC, LS, LLC, is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 74.1232(d) of the Rules. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE
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- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $10,000 forfeiture is warranted. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Crown Communication, Inc., is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violating Section 17.50 of the Rules. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF
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- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Echonet Corporation, is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Communications Act of 1934, as amended. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date
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- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, an $8,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Woodland Communications Corporation is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Sections 74.551(a)(2), 74.551(a)(3) and 74.561 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
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- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $10,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Trade Center Management, Inc., is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to maintain the KHRA public inspection file at the main studio, in violation of Section 73.3526(b) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
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- the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the statutory factors listed above, a $5,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Capstar Radio Operating Company, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000.00) for willful and repeated violation of Sections 17.4(g) and 17.57 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237649A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237649A1.pdf
- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, TWC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000), for willful and repeated violation of Section 76.1700(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this NOTICE
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237650A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237650A1.pdf
- the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the statutory factors listed above, a $3,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Entravision Communications Corporation, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.57 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237652A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237652A1.pdf
- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, an $8,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, HBC is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8000) for violations of Sections 11.35(a), 11.35(c) and 11.61 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237654A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237654A1.pdf
- as justice may require. In applying Section 1.80(b)(4) of the Rules and the statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $8,000 is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Mr. Charles R. Meeker, is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Section 11.35 of the Commission's Rules and Regulations. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237655A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237655A1.pdf
- the same time, we are applying the base forfeiture specified in Section 1.80(b)(4) of the Rules for each of the three unauthorized frequency uses. Applying the statutory factors to the instant case, we find a total forfeiture in the amount of $12,000 is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Global Radio, Inc., is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violating Section 301 of the Act and Section 74.103 Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237657A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237657A1.pdf
- as justice may require. In applying Section 1.80(b)(4) of the Rules and the statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $15,000 is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Playa Del Sol Broadcasters, is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violating Sections 11.35, 11.61 and 73.1125 of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237658A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237658A1.pdf
- Statement and statutory factors to the instant case, we believe that a monetary forfeiture of four thousand dollars ($4,000) is warranted for the violations. WJOL's equipment worked on a periodic basis and WJOL did transmit some of the required weekly and monthly tests. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Pride Radio Licensee, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for failure to maintain operational EAS equipment and for failing to conduct and log the required monthly and weekly tests of EAS, in violation of Sections 11.35(a), 11.61(a)(1)(v), and 11.61(a)(2)(ii)(A) of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237659A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237659A1.pdf
- Statement and statutory factors to the instant case, we believe that a monetary forfeiture of four thousand dollars ($4,000) is warranted for the violations. WBVS's equipment worked on a periodic basis and WBVS did transmit some of the required weekly and monthly tests. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Pride Radio Licensee, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for failure to maintain operational EAS equipment and for failing to conduct and log the required monthly and weekly tests of EAS, in violation of Sections 11.35(a), 11.61(a)(1)(v), and 11.61(a)(2)(ii)(A) of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237662A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237662A1.pdf
- of the station's public inspection file was available at the time of inspection. Therefore, we access the forfeiture amount for the public file violation at $5,000. Considering the entire record and applying the factors listed above, this case warrants a $12,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Metropolitan Radio Group, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of in twelve thousand dollars ($12,000) for willful violation of Sections 73.1125(a) and 73.3526(a)(2) of the Rules by failing to maintain a presence at the station's main studio and failing to maintain all required material in the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237663A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237663A1.pdf
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $17,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Greenwood Acres Baptist Church is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willful violation of Sections 73.49 and 73.3526(a)(2) of the Rules for failure to maintain an effective locked fence enclosing its antenna tower, and failure to maintain all required material in its
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237664A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237664A1.pdf
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $25,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Victory & Power Ministries, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willful violation of Sections 11.35(a), 73.49, and 73.3526(c) of the Rules by failing to maintain operational EAS equipment, failing to provide an effective locked fence enclosing the station's antenna tower,
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- with respect to the violator, the degree of culpability, and any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the factors listed above, this case warrants a $2,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Pearson Broadcasting of Mena, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for willful and repeated violation of Section 11.61 of the Rules by failing to conduct required weekly and monthly EAS tests. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Best Country Broadcasting, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register its antenna structure with the Commission. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Forrester ET AL, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of Section 73.49 of the Rules by failing to maintain an effective locked fence around the base of the station's antenna structure. 7. IT IS FURTHER ORDERED THAT, pursuant to
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $2,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Chatterbox, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for willful and repeated violation of Section 11.61 of the Rules by failing to conduct required Weekly and Monthly EAS tests. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
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- as justice may require. In applying Section 1.80(b)(4) of the Rules and the statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $12,000 is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, PGA Tour, is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violating Sections 1.903(a), 90.403(e), and 90.425(a) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237672A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237672A1.pdf
- as justice may require. In applying Section 1.80(b)(4) of the Rules and the statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $8,000 is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Desert Television LLC, is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Sections 11.35 and 11.61 of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237673A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237673A1.pdf
- the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the statutory factors listed above, a $5,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Mountain Union Telecom, LLC., is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000.00) for willful and repeated violation of Sections 17.4(g) and 17.57 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the
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- fence. However, corrective action taken to come into compliance with Commission rules or policy is expected, and does not nullify or mitigate any prior forfeiture or violations. Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Radio Bonners Ferry, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of Section 73.49 of the Rules by failing to provide effective locked fences for its antenna towers. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
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- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Mr. Robert A. Spiry, is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Communications Act of 1934, as amended. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the
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- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, the $7,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Mr. William Woods, is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 303(n) of the Communications Act of 1934, as amended, and Section 95.426 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,
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- respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and statutory factors to the instant case, we conclude a $4,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, FTP Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violating Section 73.1745 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF APPARENT LIABILITY, FTP
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- times to obtain a reissued license and to maintain a copy of the station's authorization at the station. Considering the evidence before us and applying the Forfeiture Policy Statement and statutory factors to the instant case, we conclude a $2,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Butterfield Broadcasting Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violating Section 73.3526(e)(1) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF APPARENT LIABILITY,
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- Statement and statutory factors to the instant case, we believe that a monetary forfeiture of four thousand dollars ($4,000) is warranted for the violations. WLLI-FM's equipment worked on a periodic basis and WLLI-FM did transmit some of the required weekly and monthly tests. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Pride Radio Licensee, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for failure to maintain operational EAS equipment and for failing to conduct and log the required monthly and weekly tests of EAS, in violation of Sections 11.35(a), 11.61(a)(1)(v), and 11.61(a)(2)(ii)(A) of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237681A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237681A1.pdf
- Statement and statutory factors to the instant case, we believe that a monetary forfeiture of four thousand dollars ($4,000) is warranted for the violations. WJTW's equipment worked on a periodic basis and WJTW did transmit some of the required weekly and monthly tests. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Pride Radio Licensee, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for failure to maintain operational EAS equipment and for failing to conduct and log the required monthly and weekly tests of EAS, in violation of Sections 11.35(a), 11.61(a)(1)(v), and 11.61(a)(2)(ii)(A) of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237706A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237706A1.pdf
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants an $11,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Billy R. Autry is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand dollars ($11,000) for willful violation of Section 73.49 of the Rules by failing to provide an effective locked fence enclosing the station's antenna tower, and willful and repeated violation of Section 73.1745 of the Rules
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $21,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Jesse C. Ross and Ernestine A. Ross are hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for willful violation of Sections 11.35(a) and 73.3526(c)(1) of the Rules and willful and repeated violation of Section 17.4(a) of the Rules by failing to maintain operational EAS equipment,
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $21,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, 4M is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for willful violation of Sections 73.49 and 17.50 of the Rules, and willful and repeated violation of Section 73.1745(a) of the Rules by failing to maintain effective locked fencing, failing to maintain good antenna structure
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, HCI is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.50 of the Rules by failing to clean or repaint its antenna structure to maintain good visibility. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237711A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237711A1.pdf
- \s2\qc \li0\ri0\sl240\slmult0\keepn\nowidctlpar\tx0{\*\pn \pnlvlcont\ilvl0\ls0\pnrnot0\pndec }\hyphpar0\faauto\outlinelevel1\rin0\lin0\itap0 \b\fs22\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\fs21\insrsid926246\charrsid4488524 IV}{ \fs21\insrsid9569745\charrsid4488524 . ORDERING}{\fs21\insrsid926246\charrsid4488524 CLAUSES \par }\pard\plain \qj \li0\ri0\sl240\slmult0\nowidctlpar\tx0{\*\pn \pnlvlcont\ilvl0\ls0\pnrnot0\pndec }\hyphpar0\faauto\rin0\lin0\itap0 \fs22\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\fs21\expnd0\expndtw-2\insrsid926246\charrsid4488524 \par {\pntext\pard\plain\fs22\expnd0\expndtw-2\insrsid926246\charrsid4488524 \hich\af0\dbch\af0\loch\f0 8.\tab}}\pard \qj \fi720\li0\ri0\sl240\slmult0\nowidctlpar\tx0\jclisttab\tx1080{\*\pn \pnlvlbody\ilvl0\ls4\pnrnot0\pndec\pnb0\pni0 \pnfs22\pnstart1\pnindent720\pnsp120 {\pntxta .}}\hyphpar0\faauto\ls4\rin0\lin0\itap0 {\fs21\expnd0\expndtw-2\insrsid926246\charrsid4488524 Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,}{ \cs18\fs21\expnd0\expndtw-2\super\insrsid926246\charrsid4488524 \chftn {\footnote \pard\plain \s17\ql \li0\ri0\sa240\nowidctlpar{\*\pn \pnlvlcont\ilvl0\ls0\pnrnot0\pndec }\hyphpar0\faauto\rin0\lin0\itap0 \fs22\expndtw-2\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\cs18\fs16\super\insrsid926246\charrsid4488524 \chftn }{\fs18\insrsid926246\charrsid4488524 47 U.S.C. \'a7 503(b).}}}{\fs21\expnd0\expndtw-2\insrsid926246\charrsid4488524 and Sections 0.111, 0.311 and 1.80 of the Rules,}{\cs18\fs21\super\insrsid926246\charrsid4488524 \chftn {\footnote \pard\plain \s17\ql \li0\ri0\sa240\nowidctlpar{\*\pn \pnlvlcont\ilvl0\ls0\pnrnot0\pndec }\hyphpar0\faauto\rin0\lin0\itap0 \fs22\expndtw-2\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\cs18\fs16\super\insrsid926246\charrsid4488524 \chftn }{\fs18\insrsid926246\charrsid4488524 47 C.F.R. \'a7\'a7 0.111, 0.311, 1.80.}}}{\fs21\expnd0\expndtw-2\insrsid926246\charrsid4488524 }{\fs21\lang1024\langfe1024\noproof\insrsid926246\charrsid4488524 ESI }{\fs21\expnd0\expndtw-2\insrsid926246\charrsid4488524 is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of}{\fs21\insrsid926246\charrsid4488524 ten }{ \fs21\expnd0\expndtw-2\insrsid926246\charrsid4488524 thousand dollars ($10,000) for willful and repeated violation of }{\fs21\insrsid926246\charrsid4488524 Section 301 of the Act }{\fs21\expnd0\expndtw-2\insrsid926246\charrsid4488524 by
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- the violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants an $8,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Commonwealth is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Sections 73.1125(a) and 73.1201(b) of the Rules by failing to maintain a presence at the main studio of WEXM during normal business hours and by failing to transmit its
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237713A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237713A1.pdf
- of the violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants $8,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Sinclair is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Sections 73.1125(a) and 73.1201(b) of the Rules by failing to maintain a presence at the main studio of WROX during normal business hours and by failing to transmit its
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237714A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237714A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $25,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, NRVRP, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willful and repeated violation of Sections 11.35(a), 17.50 and 73.49 of the Rules for failing to maintain the operational readiness of its EAS equipment, for failing to maintain good visibility of its antenna structures
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237715A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237715A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $13,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Three Angels Corp. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for willful and repeated violation of Sections 17.4(a) and 17.21(a) of the Rules by failing to paint and register its antenna structure located at 22A Estate Dorothea, St. Thomas, U.S. Virgin Islands. IT
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237716A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237716A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Jorge L Estrada is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51 of the Rules by failing to exhibit all required red obstruction lighting from sunset to sunrise. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237717A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237717A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Clamor Broadcasting Network Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register its antenna structure with the Commission. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237718A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237718A1.pdf
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, WCVC, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of Section 73.49 of the Rules by failing to maintain effective fencing around the base of its antenna tower for AM broadcast station WCVC. 8. IT IS FURTHER ORDERED THAT, pursuant
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237719A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237719A1.pdf
- and with respect to the violator, the degree of culpability, any history or prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, M/A Com Private Radio Systems, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51 of the Rules by failing to exhibit obstruction lighting on structure 1233515 in Clarksville, Florida. 9. IT IS FURTHER ORDERED THAT, pursuant
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237720A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237720A1.pdf
- and with respect to the violator, the degree of culpability, any history or prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, M/A Com Private Radio Systems, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51 of the Rules by failing to exhibit obstruction lighting on structure 1233515 in Clarksville, Florida. 9. IT IS FURTHER ORDERED THAT, pursuant
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237721A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237721A1.pdf
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, C. Elton Crews, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.51 of the Rules by failing to exhibit required medium intensity obstruction lighting on its antenna structure #1204823. 7. IT IS FURTHER ORDERED THAT, pursuant to Section
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237722A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237722A1.pdf
- respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Thus, considering the entire record and applying the statutory factors listed above, this case warrants a forfeiture of $20,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Westshore is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars for willful and repeated violation of Sections 17.51, 17.57, and 73.49 of the Rules by failing to display all red obstruction tower lighting from sunset to sunrise, failing to update tower ownership information on the antenna
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237723A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237723A1.pdf
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Ian R Walker is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Communications Act of 1934, as amended. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237724A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237724A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Assondieu Fortune is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 the Act by operating a radio station without Commission authorization. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237725A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237725A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Jhony Desinor is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 the Act by operating a radio station without Commission authorization. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237727A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237727A1.pdf
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a forfeiture of $10,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Cumulus Licensing Corp. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.50 of the Rules by failing to clean and repaint its antenna structures to maintain good visibility. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237728A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237728A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and the factors listed above, this case warrants an $8,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Northland Cable Properties VII, LP is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 76.605(a)(12) of the Rules and willful violation of Section 76.611(a)(1) of the Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237729A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237729A1.pdf
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the statutory factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Charter Communications, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register an antenna structure that requires notification to the Federal Aviation Administration. IT IS FURTHER ORDERED THAT, pursuant to
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237730A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237730A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, B&H Broadcasting Systems, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register its antenna supporting structure. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237731A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237731A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Gabriel Dorcely is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 the Act by operating a radio station without Commission authorization. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237732A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237732A1.pdf
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Wings Communications, Inc. DBA WELE Radio is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51 of the Rules by failing to exhibit red obstruction lighting from sunset to sunrise on antenna structure 1062835 in Ormond Beach, Florida.
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237733A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237733A1.pdf
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the factors listed above, this case warrants a $2,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Radio Station WWAB, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for repeated and willful violation of Sections 11.61(a)(2)(i)(A) and 11.61(a)(1) of the Rules by failing to conduct weekly and monthly tests of the Emergency Alert System. 8. IT IS FURTHER ORDERED THAT,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237734A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237734A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Timothy J. Massett is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 the Act by operating a radio station without Commission authorization. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237735A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237735A1.pdf
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Pamal Broadcasting Ltd. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.57 of the Rules by failing to notify the Commission of a change in ownership on antenna structure #1054493. 9. IT IS FURTHER ORDERED THAT, pursuant
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- and with respect to the violator, the degree of culpability, any history or prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record, and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Ashley is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules by failing to maintain good visibility of the required antenna structure obstruction markings. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237737A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237737A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Everald Oliver Brown is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act by operating radio transmitting equipment on the frequency 95.9 MHz without benefit of the required Commission authorization. IT IS FURTHER ORDERED THAT, pursuant to
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Patrick S. Green is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 the Act by operating a radio station without Commission authorization. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237739A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237739A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Daniel Clephar is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act by operating radio transmitting equipment on the frequency 92.7 MHz without benefit of the required Commission authorization. IT IS FURTHER ORDERED THAT, pursuant to Section
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237740A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237740A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Tori Javier Lipscomb is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 the Act by operating a radio station without Commission authorization. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Power Country, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of Section 73.49 of the Rules by failing to maintain an effective locked fence around the base of its AM antenna tower used at station WGRO. 7. IT IS FURTHER
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- prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $20,000 forfeiture based on Mr. Jackson's history of prior offenses and repeated violations after official warning. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Donald Donovan Jackson is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful and repeated violation of Section 301 the Act by operating a radio station without Commission authorization. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237744A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237744A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Lovelock is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act for operating radio transmitting equipment without the required Commission authorization. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237745A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237745A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $17,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Alexandre Pierre Abelard aka Abelard Pierre is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willful violation of Sections 301 and 303(n) of the Act by operating a radio station without Commission authorization and for failing to allow an inspection of his radio installation
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- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $12,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Unocal is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violating Sections 17.4(g) and 17.23 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF APPARENT
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- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $10,000 forfeiture is warranted. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Verizon Wireless (VAW) LLC, is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Sections 17.23 and 17.50 of the Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237754A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237754A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, East Texas Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.4(a) of the Rules and willful violation of Section 73.49 of the Rules by failing to register its antenna supporting structure and failing to provide
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237755A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237755A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Martin D. Marshall is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules by failing to clean or repaint the antenna structure as often as necessary to maintain good visibility of the antenna structure markings. IT IS
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237756A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237756A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Joe E. Ramsey and John Ramsey d.b.a. Ramsey & Ramsey is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register its antenna supporting structure. IT IS FURTHER ORDERED THAT, pursuant to
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237757A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237757A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $25,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Renaissance Radio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for failing to have operational EAS equipment, failing to exhibit red obstruction lighting from sunset to sunrise, and failing to provide an effective locked fence around the base of the radiating antenna. IT
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237758A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237758A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants an $8,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Petracom of Texarkana, L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 11.35(a) of the Rules by failing to have EAS equipment installed and operational.. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237759A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237759A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Leon's Radio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules by failing to clean or repaint its antenna structure to maintain good visibility. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237761A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237761A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants an $8,000 forfeiture. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Mediacom is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 11.35 of the Rules by failing to maintain operational EAS equipment. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237762A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237762A1.pdf
- present but missing a portion of the required items, a downward adjustment of the base forfeiture amount for this violation from $10,000 to $1,500 is warranted. Considering the entire record and applying the factors listed above, this case warrants a forfeiture of $3,500. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Wilkins Communications Network, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand five hundred dollars ($3,500) for willful violation of Sections 11.61(a) and 73.3526(e)(6) of the Rules by failing to transmit EAS tests and failing to maintain the political file in the public inspection file. 7.
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Sedalia Smiles is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51(b) of the Rules by failing to exhibit the required antenna structure lighting. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237764A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237764A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, AAT Communications Corporations is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51(a) of the Rules by failing to exhibit prescribed obstruction lighting. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237765A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237765A1.pdf
- file, but that item had never been maintained by Petracom at the time of inspection. Therefore, we assess the forfeiture amount for the public file violation at $1,500. Considering the entire record and applying the factors listed above, this case warrants a $3,500 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Petracom is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand five hundred dollars ($3,500) for willful and repeated violation of Sections 11.61(a)(2)(i)(A) and 73.3526(a)(2) of the Rules by failing to conduct EAS tests and maintain an issues/programs list in the public file. IT IS FURTHER ORDERED THAT,
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, SBA Towers, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.50 of the Rules by failing to clean and repaint its antenna structure to maintain good visibility. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237767A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237767A1.pdf
- the violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the factors listed above, this case warrants a $12,000 forfeiture. ORDERING CLAUSES. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Scott E. Kamm is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for willful and repeated violation of Sections 97.101(d), 97.113(a)(4) and 97.119(a) of the Commission's Rules for causing intentional interference, broadcasting music and failing to identify with his station call sign. IT IS FURTHER
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000.00 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Professional Communications Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000.00) for willful and repeated violation of Section 17.51(a) of the Rules by failing to exhibit all red obstruction lighting from sunset to sunrise during the period of November 11-15, 2002, and on December
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237769A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237769A1.pdf
- an upwards adjustment of the base forfeiture for unauthorized emissions from $4,000 to $8,000 is justified. Considering the entire record and applying the factors listed above, this case warrants an $18,000 forfeiture ($8,000 for unauthorized emissions and $10,000 for the public file violation). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Union Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000.00) for willful and repeated violation of Sections 73.1745(a) and 73.3526(c) of the Rules by operating station KCTE at times and with power not authorized by the KCTE station authorization, and by failing to
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, AAT Communications Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules by failing to repaint its antenna structure to maintain good visibility. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the statutory factors listed above, this case warrants a $3,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, The Helicon Group L.P. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules for failing to register its antenna structure. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
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- timer preventing the required reduction of power at night. Based on these circumstances, an upwards adjustment of the base forfeiture amount from $4,000 to $6,000 is warranted. Considering the entire record and applying the factors listed above, this case warrants a $6,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Johnson Enterprises, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for willful and repeated violation of Section 73.1745(a) of the Rules and the terms of the KLEY station authorization for operating station KLEY overpower at night on seven separate dates. IT IS FURTHER
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $2,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Falcon Cablevision D/B/A Charter Communications is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for willful and repeated violation of Section 11.61(a)(1) of the Rules by failing to conduct required monthly EAS tests. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, State Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of Section 73.49 of the Rules by failing to provide effective locked fences for its antenna towers. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
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- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the statutory factors listed above, this case warrants a $4,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Horne Radio, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willful and repeated violation of Section 73.1745(a) of the Rules by failing to reduce power at sunset. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Fun Media Group, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.50 of the Commissions Rules by failing to clean or repaint its antenna structure as often as necessary to maintain good visibility. IT IS FURTHER
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- the violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and the factors listed above, this case warrants an $8,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Small Town Communications Partners I LP is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 76.605(a)(12) of the Rules and willful violation of Section 76.611(a)(1) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Barnacle Broadcasting Company, Ltd. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51 of the Rules by failing to exhibit red obstruction lighting from sunset to sunrise on antenna structure 1063961 in Port Royal, South Carolina. 9.
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a forfeiture of $10,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Business Cell Systems is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51(b) of the Rules by failing to continuously exhibit medium intensity obstruction lighting during daylight hours. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
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- pay, and other such matters as justice may require. CB Radio has a history of violating the same provision that is the subject of this NAL. Considering the entire record and applying the statutory factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, CB Radio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register an antenna structure that requires notification to the Federal Aviation Administration. IT IS FURTHER ORDERED THAT, pursuant to
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Casey Network, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 73.49 of the Rules by failing to maintain effective AM tower fencing around the base of the antenna tower for WRFS. 7. IT IS FURTHER ORDERED
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- the violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the factors listed above, this case warrants a $5,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Palmetto Broadcasting Company, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for willful and repeated violation of Sections 11.61(a) and 17.4(a) of the Rules by failing to conduct EAS tests and by failing to register its antenna structure. IT IS FURTHER ORDERED THAT,
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Wanda Doonan Trust is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.50 of the Rules by failing to clean or repaint the antenna structure as often as necessary to maintain good visibility of the antenna structure markings.
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237788A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237788A1.pdf
- maintained a portion of the required items in the public inspection file, a downward adjustment of the base forfeiture for that violation from $10,000 to $2,000 is warranted. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Clinton Radio Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Sections 11.35(a) and 73.3526(c) of the Rules by failing to maintain operational EAS equipment and failing to make available all required contents of the public inspection file.
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- file contained a portion of the required items, a downward adjustment of the base forfeiture amount for this violation from $10,000 to $4,000 is warranted. Considering the entire record and applying the statutory factors listed above, this case warrants a $4,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Lebanon Educational Broadcasting Foundation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willful violation of Section 73.3527(c)(1) of the Rules, by failing to make available during regular business hours the complete public inspection file. 7. IT IS FURTHER ORDERED THAT, pursuant to Section
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Alliance Communications Partners, LP is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.50 of the Rules by failing to clean or repaint its antenna structure as often as necessary to maintain good visibility of the antenna structure
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- the violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the factors listed above, this case warrants a $13,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Cornell College is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for willful and repeated violation of Section 73.1350(b)(2) of the Rules and willful violation of Section 73.3527(c) of the Rules by failing to failing to maintain transmitter control and failing to make available the
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $9,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Air Paging Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of nine thousand dollars ($9,000) for willful and repeated violation of Sections 1.903(a), 90.403(f), and 90.425(a) of the Rules by failing to operate its Wireless Radio Station in accordance with the rules applicable to that service, continuously radiating
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Entergy Services, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51(a) of the Rules by failing to exhibit prescribed obstruction lighting on antenna structure 1020649 in Labadieville, Louisiana. 8. IT IS FURTHER ORDERED THAT, pursuant to
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- the violations by the voluntary disclosure of information; however, the violation is egregious. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that an eight thousand dollar ($8,000) monetary forfeiture is warranted. IV. Ordering Clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Floyd County Broadcasting Company, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully violating Section 11.35(a) of the Rules by failing to install and have operational EAS equipment. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty
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- the degree of culpability, any history or prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and statutory factors to the instant case, we believe that a thirteen thousand ($13,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80 of the Rules, CenturyTel Wireless of Michigan RSA #1&2, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for willful and repeated violation of Section 303(q) of the Act, and Sections 17.48(a) and 17.51(b) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
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- including a repeat of these violations from prior inspections and the violations are egregious. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that an eleven thousand dollar ($11,000) monetary forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Melodynamic Broadcasting Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand dollars ($11,000) for willful and repeated violation of Sections 1.89(b), 11.15, 73.51(d), 73.51(e)(2), 73.1225(d)(1), 73.1350(c)(1), 73.1560(a)(1), 73.1745 and 73.1870(b)(3) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,
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- as justice may require. The record reveals that WSJM has a history of compliance. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a nineteen thousand dollar ($19,000) monetary forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, WSJM, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand dollars ($19,000) for willful and repeated violation of 11.52(d), 11.61(a)(2)(i)(A), 17.4(a), 17.47(a)(1), 17.51(a), 73.1820(a)(1)(i), 73.1820(a)(1)(iii), and 73.1870(c)(3) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty (30)
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- of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a twelve thousand dollar ($12,000) monetary forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Ronald E. Sauer is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for willful and repeated violation of Sections 97. 101(d), 97.113(a)(4) and 97.119(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty (30) days of the
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, All American Citywide Rainbow Transit, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willfully violating Section 90.403(a)(2) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Acapulco Car Service, Inc., is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willfully violating Section 1.903(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT
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- of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, International Car Service, Inc. is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, New Eastern Car & Limo Service is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willfully violating Section 90.403(a)(2) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, ServisAir is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF APPARENT LIABILITY,
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, J Transport, Inc. is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF
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- ceased operating the unlicensed radios after Commission agents warned them of the violation. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a five thousand dollar ($5,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Blue Ridge Erectors, Inc. is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for willfully violating Section 301 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Cablevision Systems of New York City Corporation is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violations of Sections 11.61(a)(1)(iii) and 11.61(b). IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Mexicana Car and Limousine Services is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willfully violating Section 90.403(a)(2) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Rawlins Charles is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF APPARENT
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Fernando Alejandro is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF APPARENT
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a forfeiture of $10,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Crown Castle GT Company LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51(b) of the Rules by failing to continuously exhibit medium intensity obstruction lighting during daylight hours. IT IS FURTHER ORDERED THAT, pursuant to Section
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Radio Centre, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of Section 73.49 of the Rules by failing to maintain effective AM tower fencing around the base of the antenna tower for WAGC. 7. IT IS FURTHER ORDERED THAT, pursuant
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. Ordering Clauses 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, MCC Georgia LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000 for willful and repeated violation of Section 17.51 of the Commission's Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release of this NAL, MCC
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Emmanuel Frederic is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF APPARENT
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237842A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237842A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Cablevision of Newark is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violations of Sections 11.61(a)(1)(iii) and 11.61(b) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237843A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237843A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Long Island Multimedia, LLC. is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violations of Sections 11.61(a)(2)(i)(A) and 11.61(b) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, IW is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violations of Sections 11.61(a)(2)(i)(A), 11.61(a)(1)(i), and 11.61(b) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release
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- other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, (``Act'') and Sections 0.111, 0.311 and 1.80 of the Rules, Cablevision is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violations of Sections 11.61(a)(1)(iii), 11.61(a)(2)(i)(B), and 11.61(b) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Selvanto is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF APPARENT LIABILITY,
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Church is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willfully violating Section 90.403(a)(2) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF APPARENT
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- other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, (``Act'') and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Time Warner is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violations of Sections 11.61(a)(2)(i)(B) and 11.61(b) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Hip Hop is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF APPARENT
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Joslyn Gordon is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willfully violating Section 90.403(a)(2) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT LIABILITY,
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- for the transmitter that was operational on the unauthorized frequency of 31.320 MHz. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Fransisco Peralta is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willfully violating Section 90.403(a)(2) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT LIABILITY,
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- of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Tekk is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for its operation of station WPPT607 at an unauthorized location. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT LIABILITY,
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Horizon is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for its operation of stations WPMT622 and WPMM811 at an unauthorized location and its failure to transmit the call sign identification on stations WPMT622 and WPMM811. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a thirteen thousand dollar ($13,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Minority Business and Housing Development, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for exceeding WYGG's authorized antenna height and failing to install and operate EAS equipment at station WYGG. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
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- and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, BLCI is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for operating station WHS405 at an unauthorized location, in violation of Section 74.532(e) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, NYRS is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for its operation of station WPTM988 at an unauthorized location. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT LIABILITY,
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- history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a fifteen thousand dollar ($15,000) is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Urban Radio of Pennsylvania L.L.C. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollar ($15,000) for failing to make observations of the obstruction lighting on the WURP antenna structure on October 2, 2002 and October 3, 2002, in violation of Section 17.47(a)(1) of the Rules, failing
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a twelve thousand dollar ($12,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Statcom is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for its operation of two trunked radio systems at an unauthorized location and its operation of radio transmitting equipment on an unauthorized frequency. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
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- of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Dominic DeNaples is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for operating radio communications equipment on an unauthorized frequency, in violation of Section 1.903(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the
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- and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Pentecostal is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for failing to make entries in the station logs, in violation of Section 11.35(a) of the Rules, failing to transmit the RMT, in violation of Section 11.61(a)(1)(v) of the Rules, and failing to transmit
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- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Gold Coast Broadcasting Company, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000.00) for willful violation of Section 17.50 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
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- lighting or to notify the FAA. These rule violations are grave and posed a potential danger to air traffic safety. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, an $15,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, El Dorado 900, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Sections 17.21, 17.23, 17.47(a), 17.48(a), 17.56 and 17.57 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of
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- require. Application of the base amount to the captioned Rotijefco station violation results in a base forfeiture amount of $8,000. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, an $8,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,12 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Rotijefco, Inc. is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35(a) and (b) of the Rules, representing a total forfeiture of $8,000.13 IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules14 within thirty days of
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- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $2,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,14 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Pacific Broadcasting Company is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violation of Section 11.61 of the Rules.15 IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules16 within thirty days of the release date of this NOTICE OF
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- amount to the captioned Smith Broadcasting of Santa Barbara, LP station violation results in a base forfeiture amount of $8,000. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, an $8,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,11 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Smith Broadcasting of Santa Barbara, LP is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35(a) of the Rules, representing a total forfeiture of $8,000.12 IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules13 within thirty
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- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Considering the record as a whole and the statutory factors listed above, this case warrants a forfeiture in the amount of $3,000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Sutro Corporation c/o John H. Runkle is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willfully and repeatedly violating Section 17.4(a) of the Commission's Rules by failing to register an antenna structure that requires notification to the Federal Aviation Administration. 10. IT IS
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- the designation of station KZUA as a second local primary EAS station in the Arizona State EAS plan. Accordingly, an upward adjustment of $2,000 is warranted. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $10,000 forfeiture is warranted. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,14 Navajo Broadcasting Company, Inc., is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violating Sections 11.35(a) and 11.61 of the Commission's Rules and Regulations.15 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release
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- as justice may require. In applying Section 1.80(b)(4) of the Rules and the statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $4,000 is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Mr. William Wayne, is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violating Section 301 of the Communications Act of 1934, as amended and Section 1.903(a) of the Commission's Rules and Regulations. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
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- as justice may require. In applying Section 1.80(b)(4) of the Rules and the statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $15,000 is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Blue Skies Broadcasting Corp., is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violating Sections 11.35(a), 11.61 and 73.1125(c) of the Commission's Rules and Regulations. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a one thousand dollar ($1,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Mega is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of one thousand dollars ($1,000) for its failure to maintain required records. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT LIABILITY, Mega SHALL PAY
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- of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying Forfeiture Policy Statement and the factors listed above, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Northern Electric Cooperative is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful violation of Section 17.4(a) of the Rules, by failing to register the tower. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Good Radio Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register its antenna structure with the Commission. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Marshall County Radio Corp., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 73.49 of the Rules by failing to provide an effective locked fence for its antenna tower. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 NRS Enterprises, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register its antenna supporting structure. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty
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- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the record as a whole and the statutory factors listed above, this case warrants a forfeiture in the amount of $13,000. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Gresham Communications, Inc. is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for repeatedly and willfully violating Sections 17.4(a) and 17.51 of the Commission's Rules by failing to register its antenna structure and failing to maintain prescribed lighting. 10. IT IS FURTHER ORDERED THAT,
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Piedmont Radio Co. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Sections 73.1125(a) and 17.4(a) of the Rules by failing to maintain a presence at the main studio of WPID(AM) during normal business hours and failing to register
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $15,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Small Town Radio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willful and repeated violation of Sections 73.49 and 11.35(a) of the Rules by failing to maintain an effective locked fence around the base of the station's antenna structure and by failing
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237890A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237890A1.pdf
- of prior offenses, ability to pay, and other such matters as justice may require. Verizon failed to update ownership information on two of its antenna structures. Considering the entire record and applying the factors listed above, this case warrants a forfeiture of $6,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Verizon Wireless is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for willful and repeated violation of Section 17.57 of the Rules by failing to notify the Commission of a change in ownership of two of its antenna structures. IT IS FURTHER ORDERED THAT, pursuant
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237891A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237891A1.pdf
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the statutory factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Georgia Transmission Corp. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register an antenna structure that requires notification to the Federal Aviation Administration. IT IS FURTHER ORDERED THAT, pursuant to
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237903A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237903A1.pdf
- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $7,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, CLARKE BROADCASTING CORPORATION, is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Sections 73.1350(a) and (c), 73.1400, 73.1560(a) and 73.1745(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237904A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237904A1.pdf
- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $22,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Jean J. Suh d/b/a Radio Hankook, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty two thousand dollars ($22,000) for violations of Sections 11.35, 17.4(g), and 17.50 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237905A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237905A1.pdf
- FNX does have an overall history of compliance. However, the violations are egregious. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a seventeen thousand dollar ($17,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, FNX Broadcasting, LLC. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willful and repeated violation of Sections 73.1125, and 73.3526(b) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237906A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237906A1.pdf
- FNX does have an overall history of compliance. However, the violations are egregious. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a seventeen thousand dollar ($17,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, FNX Broadcasting, LLC. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willful and repeated violation of Sections 73.1125, and 73.3526(b) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237907A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237907A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a seven thousand dollar ($7,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Mega is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of Section 73.49 of the Rules by failing to provide effective locked fences for its antenna towers. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237908A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237908A1.pdf
- degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, we believe that a seven thousand dollar ($7,000) monetary forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Great Northern Radio, L.L.C., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Sections 73.1125(a) of the Rules at station WVAY. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237909A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237909A1.pdf
- RLP does have an overall history of compliance. However, the violations are egregious. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that an eight thousand dollar ($8,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Radio Lake Placid, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 11.35(a) of the Commissions Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237910A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237910A1.pdf
- that Arrow Communications of N.Y. Inc. does have an overall history of compliance. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a eight thousand dollar ($8,000) monetary forfeiture is warranted IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Arrow Communications of N.Y. Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Section 11.35(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237911A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237911A1.pdf
- history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors listed above, and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Clear Channel Broadcasting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.50 of the Commissions Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237913A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237913A1.pdf
- history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors listed above, and applying the inflation adjustments, we believe that a thirteen thousand dollar ($13,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Tennessee Gas Pipeline Company is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for willful and repeated violation of Sections 17.4(a) and 17.50 of the Commissions Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237914A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237914A1.pdf
- history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors listed above, and applying the inflation adjustments, we believe that a fifteen thousand dollar ($15,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, North Country Repeaters is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willful and repeated violation of Sections 17.4(a), 17.4(g), and 17.50 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237915A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237915A1.pdf
- of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. After applying the Forfeiture Policy Statement and the statutory factors to the instant case, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. Ordering Clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Meade County Communications, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for failure to register an antenna structure, in violation of Sections 17.4(a)(2) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237916A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237916A1.pdf
- to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. After applying the Forfeiture Policy Statement and the statutory factors to the instant case, we believe a $10,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Ad-Venture Media, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to repaint the antenna structure as needed, in violation of Section 17.50. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237917A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237917A1.pdf
- to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. After applying the Forfeiture Policy Statement and the statutory factors to the instant case, we believe a $10,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Robert B. Taylor is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to clean or repaint the antenna structure as often as necessary to maintain good visibility, in violation of Section 17.50. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237918A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237918A1.pdf
- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. After applying the Forfeiture Policy Statement and the statutory factors to the instant case, we believe a thirteen thousand dollar ($13,000) forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Mercury Broadcasting Company, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for failing to repaint the antenna structure as needed and failure to notify the Commission of change in ownership information, in violation of Sections 17.50 and 17.57. IT IS FURTHER ORDERED THAT,
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- of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a twenty thousand dollar ($20,000) monetary forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Grass Roots is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willfully violating Sections 17.4(a)(2), 17.50 and 73.1125(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a twenty two thousand dollar ($22,000) monetary forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, MRJ is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty two thousand dollars ($22,000) for willfully violating Sections 11.52(a), 17.4, 73.49, and 73.3526(c) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237957A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237957A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, KN Telecommunications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules by failing to clean and repaint its antenna structure to maintain good visibility. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237958A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237958A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Southwestern Bell Wireless, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.51(b) of the Rules by failing to continuously exhibit all medium intensity obstruction lighting. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Wichita SMSA Tower Holdings, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.51(b) of the Rules by failing to exhibit obstruction lighting on structure 1032091 in Wichita, Kansas. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, United States Cellular Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Sections 17.21 and 17.45 of the Rules by failing to light or paint its antenna structure and failing to install temporary warning lights on its antenna structure during
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237961A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237961A1.pdf
- Section 1.80(b)(4) of the Rules and statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $11,000 is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, New World Broadcasting Company, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand dollars ($11,000) for willful violation of Sections 11.35(a) and 73.1400 of the Commission's Rules. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of
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- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $21,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, King Broadcasting Company, is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for violations of Sections 73.49, 73.1350, 73.1400, and 73.1560 of the Rules.8 IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
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- contour of the main FM station, is a serious violation of the Commission's technical and interference protection rules. Taking all of the evidence, the statutory factors and the Forfeiture Policy Statement into consideration, a $22,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, that Millcreek Broadcasting, L.L.C., is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-two thousand dollars ($22,000) for violations of Sections 11.35 and 74.1251 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of
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- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $24,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Rules, High Peaks Broadcasting, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-four thousand dollars ($24,000) for willfully and repeatedly violating Sections 301 of the Act and willfully violating Section 74.1235(c) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty
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- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,14 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,15 First National Broadcasting Corporation is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 73.1125(a) and 73.1820(a)(1)(iii) of the Rules, 47 C.F.R. §73.1125(a) and 47 CFR §73.1820(a)(1)(iii). IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,16 within
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- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $12,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, AGM-Nevada, LCC, is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Sections 74.551(a)(3) and 74.1235(e) of the Rules.9 IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules10 within thirty days of the release date of this NOTICE
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- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $21,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Ramh Corporation is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for violations of Sections 73.1125, 73.1350, 73.1400, and 73.1560 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
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- to other required operational readiness checks. As failure to make measurements or conduct required monitoring carries a base forfeiture amount of $2,000, pursuant to the Forfeiture Policy Statement, the forfeiture will be assessed in the amount of $2,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, New Wave Broadcasting, L.P., is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violating Section 11.61(a)(1)(v) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE
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- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Nextel WIP License Corp., is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Communications Act of 1934, as amended. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the
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- in 2001. In addition, Ho'ona'auao has failed to retransmit the monthly EAS tests for three months in a row. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a forfeiture amount of $4,000 is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Ho'ona'auao Community Television, Inc., is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violating Section 11.61(a)(1)(v) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF
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- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended12, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules13, Citicasters Licenses, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Sections 17.47 (a)(1), 17.49, 73.1125, 73.1400(a), 73.1870(a) and 73.1870(c)(3) of the Rules, 47 C.F.R. §17.47(a)(1), 47 C.F.R. §17.49, 47 C.F.R. §73.1125, 47 C.F.R. §73.1400(a), 47 C.F.R. §73.1870(a) and §73.1870(c)(3).
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- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $13,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Rules, Max Media of Montana, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for apparently willfully violating Sections 17.21, 17.47(a)(2), and 17.57 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules Clay is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT LIABILITY,
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- other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, (``Act'') and Sections 0.111, 0.311 and 1.80 of the Rules, Pacifica is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violations of Sections 11.61(a)(1)(i), 11.61(a)(2)(i)(A), and 73.1870(b)(3) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that an eighteen thousand dollar ($18,000) monetary forfeiture is warranted. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, JMK is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for willfully violating Sections 1.89, 73.49, and 73.1125(a) of the Rules. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $5,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Emmis Television License Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for willful violation of Section 17.47(a)(2) of the Rules and willful and repeated violation of Section 17.57 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
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- with respect to the violator, the degree of culpability, and any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $2,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Moffatt Properties Leasing LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for willful violation of Section 17.4(g) of the Rules. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of
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- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, MariTEL Mississippi River, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Sections 1.5 and 80.90 of the Commission's Rules. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the factors listed above, this case warrants a $15,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, L.T. Simes II & Raymond Simes is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willful violation of Sections 11.35(a), 17.4(a), and 73.1350(a) of the Rules by failing to ensure that EAS equipment was installed and operational at station KAKJ, failing to register KAKJ's
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- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $17,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Metro Birch Enterprises, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willful violation of Sections 73.49 and 73.3526(a)(2) of the Rules, by failing to provide an effective locked fence enclosing the base of the station's antenna tower, and by failing to maintain
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- three identical violations from June 22, 1999, to April 5, 2002. Considering the entire record, including Titan's history of non-compliance, and applying the statutory factors listed above, this case warrants an upwards adjustment of the base forfeiture amount from $2,000 to $3,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Titan Towers, LP is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful violation of Section 17.4(g) of the Commission's Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NAL,
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, WCPC Broadcasting Co., Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 73.49 of the Rules by failing to provide effective locked fences for its antenna towers. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Alliance Communications Partners, L.P. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.57 of the Rules by failing to notify the Commission of a change in the antenna tower structure ownership. 9. IT IS FURTHER ORDERED THAT,
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- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the statutory factors listed above, this case warrants a $12,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Madison Broadcasting Group, Inc., is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000.00) for willful violation of Sections 17.4(g) and 17.50 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date
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- justice may require.'' Mitchell's repeated failure to register its antenna structures warrants an upward adjustment of the $3,000 base forfeiture amount for that violation to $6,000. Considering the entire record and applying the statutory factors listed above, this case warrants a $13,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 Rules, Mitchell is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for willful and repeated violation of Section 17.4(a) of the Rules, and willful violation of Section 73.49 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the
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- mitigated to reflect Truth's good standing as a licensee.'' After considering the entire record, including the lack of any history of prior offenses by Truth, and applying the statutory factors listed above, this case warrants a forfeiture adjusted downward from $14,000 to $11,200. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Truth is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand two hundred dollars ($11,200.00) for willful and repeated violation of Sections 17.4(a), 73.49 and 73.1350(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the statutory factors listed above, this case warrants a $12,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Media is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000.00) for willful and repeated violation of Sections 17.4(g) and 17.51 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $21,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, HCI is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for willful and repeated violation of Sections 73.49, 17.21 and 73.1745(a) of the Rules by failing to maintain effective fencing, by failing to install prescribed lighting and for exceeding power limits. IT IS FURTHER ORDERED
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- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Javier Rodriguez is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Communications Act of 1934, as amended. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release
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- history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the record as a whole and the statutory factors listed above, this case warrants a forfeiture in the amount of $3,000. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Puerto Rico Electric Power Authority is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violating Section 17.4(a) of the Commission's Rules by failing to register an antenna structure that requires notification to the Federal Aviation Administration. 7. IT IS FURTHER ORDERED THAT, pursuant
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $15,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Concilio Mision Cristiana Fuente De Agua Viva is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willful and repeated violation of Section 17.4(g) of the Rules, and willful violation of Sections 17.51 and 17.57 of the Rules, by failing to display the Antenna Structure
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Mayaguez Radio Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.51 of the Rules by failing to exhibit the prescribed obstruction lighting on its antenna structure. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $2,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Reef Broadcast, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for willful and repeated violation of Section 11.61(a)(1)(i) of the Rules by failing to conduct the required monthly EAS tests. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Alpha Ambulance, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Communications Act of 1934, as amended, and Section 1.903(a) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
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- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Florida Power and Light Company is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of amount of $10,000 for violation of Section 17.51(a) of the Commission's Rules. 13. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $17,000 forfeiture. IV ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, CTI, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violating Sections 301 and 302 of the Act and Section 2.803(a)(1) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release
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- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $5,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Mr. Joseph S. McCreary is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for willful violation of Section 95.411 of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of
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- EAS equipment with co-located station WWFE, a downward adjustment of the forfeiture amount to $4,000 for the EAS violation is warranted. Considering the entire record and applying the statutory factors listed above, this case warrants a $4,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, WRHC Broadcasting Corp. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willful violation of Section 11.35(a) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
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- EAS violation, because WWFE shared EAS equipment with co-located station WRHC(AM), a downward adjustment of the forfeiture amount to $4,000 for the EAS violation is warranted. Considering the entire record and applying the statutory factors listed above, this case warrants a $21,000 forfeiture. Ordering Clauses 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Fenix is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $21,000 for willful violation of Sections 11.35(a), 17.51 , and 73.49 of the Commission's Rules. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release of this NOTICE OF
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $7,000 forfeiture. IV ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Lightning is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238044A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238044A1.pdf
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants an $8,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Faith Bible College, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful violation of Section 11.35(a) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238045A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238045A1.pdf
- offenses, ability to pay, and other such matters as justice may require.''5 Mr. Muņoz' unlicensed operation continued after verbal and written warnings to terminate such operation. Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,7 Richard Muņoz is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238046A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238046A1.pdf
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Octavio Sarmiento, Jr. is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238047A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238047A1.pdf
- of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $12,000 forfeiture for each of Seggi's two towers, for a total forfeiture of $24,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Seggi Broadcasting of Florida, Inc., is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-four thousand dollars ($24,000) for willful violation of Section 17.4(g), 17.23, 17.50 and 17.51 of the Rules, by failing to display Antenna Structure Registration numbers, failing to provide obstruction lighting as prescribed by the station
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238048A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238048A1.pdf
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $8,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Mediacom is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully and repeatedly violating Section 76.605(a)(12) of the Rules, and willfully violating Section 76.611(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days
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- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Manuel M. Vázquez is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238050A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238050A1.pdf
- non-compliance with the Commission's antenna structure painting requirements on other Pinnacle-owned antenna structures. Considering the entire record, including Pinnacle's history of non-compliance, and applying the factors listed above, this case warrants an upwards adjustment of the base forfeiture from $10,000 to $20,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Pinnacle Towers, Inc., is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful and repeated violation of Section 17.50 of the Rules by failing to maintain good visibility of the required antenna structure obstruction markings. 9. IT IS FURTHER ORDERED THAT, pursuant to
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238051A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238051A1.pdf
- respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''4 Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act 5 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,6 Homere Hyppolite is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Communications Act of 1934, as amended. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238052A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238052A1.pdf
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. Ordering Clauses 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, WPGS, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000 for willful and repeated violation of Section 17.51 of the Commission's Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release of this NAL, WPGS, Inc.
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- occurred after repeated written and verbal warnings, and Accessory's violations caused harmful interference to authorized radio communications. Therefore, considering the entire record and applying the factors listed above, this case warrants an upwards adjustment of the base forfeiture amount from $10,000 to $20,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Accessory Connection Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful and repeated violation of Sections 301 and 302(b) of the Act by operating a radio frequency device without the required license, and using a device that failed to comply with the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238054A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238054A1.pdf
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Odino Joseph is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Communications Act of 1934, as amended, for operating radio transmitting apparatus without a license. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
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- of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record, the potential safety hazard of this violation, and applying the statutory factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Wilson Broadcasting Co., Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for repeated and willful violation of Section 73.49 of the Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238187A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238187A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and the factors listed above, this case warrants an $8,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Comcast Cablevision of the South is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 76.605(a)(12) of the Rules and willful violation of Section 76.611(a)(1) of the Rules. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238188A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238188A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $12,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Atlantic Beach Radio, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for willful and repeated violation of Sections 11.35 and 73.1745 of the Rules, by failing to maintain operational EAS equipment and failing to reduce power to nighttime power in violation of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238189A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238189A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, South Central Communications Corp. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Sections 17.51, 17.23, 17.48(a), and 17.47(a)(2) of the Rules, by failing to exhibit the prescribed obstruction lighting on its antenna structure, failing to conform to the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238190A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238190A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $9,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Monroe Area Broadcaster, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of nine thousand dollars ($9,000) for willful and repeated violation of Sections 73.1745(a), 73.1201(a)(2), and 73.44(b) of the Rules, by operating with daytime power at night, failing to identify the station by call sign, and failing to
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238191A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238191A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $5,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, East Tennessee Radio Group, L.P. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for willful violation of Sections 17.4(g) and 17.57 of the Rules, by failing to display the Antenna Structure Registration number, and failing to notify the Commission of a change in ownership
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238192A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238192A1.pdf
- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the record as a whole and the statutory factors listed above, this case warrants a forfeiture in the amount of $3,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Morris Communications, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willfully and repeatedly violating Section 17.4(a) of the Commission's Rules by failing to register an antenna structure that requires notification to the Federal Aviation Administration. IT IS FURTHER ORDERED THAT, pursuant
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238193A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238193A1.pdf
- culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record, the potential safety hazard to air navigation of this violation, and applying the factors listed above, this case warrants a $4,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Farnell O'Quinn is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willful violation of Section 73.1350(a) of the Rules by failing to operate in accordance with the terms of the station authorization by failing to construct the transmitter site and antenna structure for WUFF
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238194A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238194A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants an $8,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Adelphia Communications Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 11.35(a) of the Rules by failing to have operational EAS equipment. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238195A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238195A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $12,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Lighthouse Broadcasting is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for willful and repeated violation of Sections 11.35(a) and 73.1745 of the Rules by failing to maintain operational EAS equipment and operating with excessive power during the post sunset authority hours and then failing
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238196A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238196A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and the factors listed above, this case warrants an $8,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, James C. Bilbrey ET AL, Overton County Cable TV is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 76.605(a)(12) of the Rules and willful violation of Section 76.611(a)(1) of the Rules. 7. IT IS FURTHER ORDERED THAT, pursuant
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the factors listed above, this case warrants an $18,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, J & W Promotions, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for willful violation of Sections 11.35(a), 17.4(a), and 73.49 of the Rules by failing to ensure that EAS equipment was installed and operational at station WAPZ, failing to register WAPZ's antenna
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238198A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238198A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and the factors listed above, this case warrants an $8,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Valley Cable TV, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 76.605(a)(12) of the Rules and willful violation of Section 76.611(a)(1) of the Rules. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
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- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the record as a whole and the statutory factors listed above, this case warrants a forfeiture in the amount of $3,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Dewey D. Lankford is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willfully violating Section 17.4(a) of the Commission's Rules by failing to register an antenna structure that requires notification to the Federal Aviation Administration. IT IS FURTHER ORDERED THAT, pursuant to Section
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- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the record as a whole and the statutory factors listed above, this case warrants a forfeiture in the amount of $3,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, P & G Properties, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willfully violating Section 17.4(a) of the Commission's Rules by failing to register an antenna structure that requires notification to the Federal Aviation Administration. IT IS FURTHER ORDERED THAT, pursuant
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- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the record as a whole and the statutory factors listed above, this case warrants a forfeiture in the amount of $3,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, J. L. Brewer Broadcasting of Cleveland, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willfully violating Section 17.4(a) of the Commission's Rules by failing to register an antenna structure that requires notification to the Federal Aviation Administration. IT IS FURTHER ORDERED
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238202A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238202A1.pdf
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the factors listed above, this case warrants an $11,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Southern Media Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand dollars ($11,000) for willful violation of Sections 11.35(a) and 17.4(a) of the Rules by failing to ensure that EAS equipment was installed and operational at station WBCA and failing to register its antenna structure
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238203A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238203A1.pdf
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Coffee County Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of Section 73.1125(a) of the Rules by failing to maintain a presence at the main studio of WMSR(AM) during normal business hours. 9. IT IS FURTHER ORDERED THAT, pursuant
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a forfeiture of $10,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Signal One, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51(b) of the Rules by failing to continuously exhibit medium intensity obstruction lighting during daylight hours. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238205A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238205A1.pdf
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a forfeiture of $10,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Barinowski Investment Company, LP is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules by failing to clean and repaint its antenna structure to maintain good visibility. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238207A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238207A1.pdf
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the statutory factors to the instant case, a $4,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Tarrant Radio Broadcasting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for operating station KZEE with an antenna input power at a level more than 105% of authorized power in willful and repeated violation of Section 73.1560(a)(1) of the Rules. IT IS FURTHER
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- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the statutory factors to the instant case, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Kilgore Video, Inc. is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238209A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238209A1.pdf
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the statutory factors to the instant case, a $3,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Community Broadcast Group, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, TeleBEEPER of New Mexico, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful violation of Section 1.903(a) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, MSA Development Group, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register its antenna supporting structure. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record, and applying the statutory factors listed above, this case warrants a $13,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Hill Country Real Estate Development Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for willful and repeated violation of Sections 17.50, 17.51 and 17.57 of the Rules by failing to repaint the structure as often as necessary to maintain good visibility, failing to
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238213A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238213A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Access.1 Communications Corp. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NAL, Access.1 Communications
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- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the record as a whole and the statutory factors listed above, this case warrants a forfeiture in the amount of $3,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Texas Cable Partners, LP is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willfully and repeatedly violating Section 17.4(a) of the Commission's Rules by failing to register an antenna structure that requires notification to the Federal Aviation Administration. 8. IT IS FURTHER ORDERED
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $7,000 forfeiture. IV ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, American Family Association is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating Section 73.1125 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Midwest Tower Partners, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
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- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Lake Mobile Phone is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars $10,000 for willful violation of Section 17.50 of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Haviland Telephone Co., Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.21 of the Rules by failing to exhibit the prescribed painting on its antenna structure. 6. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Deans Cablevision Inc is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
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- of KGGF-KUSN, Inc.'s stations, therefore, an upwards adjustment of the forfeiture associated with this violation from $2,000 to $4,000 is appropriate. Considering the entire record and applying the statutory factors listed above, this case warrants a $23,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, KGGF-KUSN, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty three thousand dollars ($23,000) for willful and repeated violation of Sections 11.35(a), 17.47(a)(1), 17.50 and 73.49 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of
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- two required items and not accessible on the day of inspection, warrants a downward adjustment of the $10,000 base forfeiture amount for that violation to $3,000. Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, New Life Evangelistic Center, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Sections 73.1125 and 73.3527 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, KGGF-KUSN, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 73.1125(a) of the Rules by failing to failing to maintain a presence at the main studio of KGGF-FM during normal business hours. IT IS FURTHER ORDERED THAT,
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a forfeiture of $10,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, VoiceStream PCS I License L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51(b) of the Rules by failing to continuously exhibit all high intensity and medium intensity obstruction lighting. IT IS FURTHER ORDERED THAT, pursuant to
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a forfeiture of $10,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Verizon Wireless d.b.a. Des Moines MSA General Partnership is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules by failing to clean and repaint its antenna structure to maintain good visibility. IT IS FURTHER ORDERED THAT, pursuant
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a forfeiture of $10,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Missouri RSA No.2 Partnership d.b.a. Alltel is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules by failing to clean and repaint their antenna structure to maintain good visibility. IT IS FURTHER ORDERED THAT, pursuant to Section
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- to the inspection, we deem a fifty percent reduction in the forfeiture amount for the violations associated with the equipment is appropriate. After applying the Forfeiture Policy Statement and the statutory factors to the instant case, we believe a $6,500 forfeiture is warranted. IV. Ordering Clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Rego, Inc., c/o Betsy Trimble is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand five hundred dollars ($6,500) for failure to have operational EAS equipment installed, failure to have a remote control system that provided sufficient transmission system monitoring and control capabilities at the main studio, and
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- the amount of six thousand dollars ($6,000) per station in violaton for a total of twelve thousand dollars ($12,000) is warranted. This amount reflects an increase above the base amount due to the conscious, continuing violation at both the Burnsville and Sardis stations. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, 420 Energy Investments, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for willfully and repeatedly violating Section 1.903(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty (30) days of the date of release of
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- history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and statutory factors to the instant case, we believe that a monetary forfeiture in the amount of seven thousand dollars ($7,000) is warranted. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Erald Broadcasting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 73.49 of the Rules. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the date of release
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- to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. After applying the Forfeiture Policy Statement and statutory factors to the instant case, we believe a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Jeffrey Alan Pettrey is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF APPARENT
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- ten thousand dollar ($10,000) monetary forfeiture is warranted because although the record reveals that Detroit SMSA Limited Partnership has an overall history of compliance and showed good faith surrounding the violations by the voluntary disclosure of information, the violation is egregious and repeated. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Detroit SMSA Limited Partnership is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 303(q) of the Act and Section 17.23 of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty
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- the violations by the voluntary disclosure of information, the violation is egregious. Applying the Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a two thousand two hundred dollar ($2,200) monetary forfeiture is warranted. Ordering Clauses 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 506(a) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Shepler's Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand two hundred dollars ($2,200) for willfully violating the Great Lakes Agreement and Sections 80.953(a) and 80.953(b) of the Commission's Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty
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- surrounding the violations by the voluntary disclosure of information; however, the violations are egregious. Applying the Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a twenty thousand dollar ($20,000) monetary forfeiture is warranted. IV. Ordering Clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Fifth Avenue Broadcasting Co., Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willfully and repeatedly violating Sections 73.1225(d)(1), 73.1350(a), 73.1690(b)(2), 73.3526(e)(1) and 73.3526(e)(12) of the Rules by failing to maintain required records, failing to operate according to the terms of the station
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- any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and statutory factors to the instant case, we believe that a monetary forfeiture of eleven thousand dollars ($11,000) is warranted for the violation. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Dr. Pierre is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand dollars ($11,000) for willfully and repeatedly violating Section 301 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF
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- any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and statutory factors to the instant case, we believe that a monetary forfeiture in the amount of seven thousand dollars ($7,000) is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, NORTHEAST PASSAGE CORPORATION is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violating Sections 17.4(a) and 1.89(b) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the date of release of this NOTICE OF
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- and because the station has no prior history of offenses, the forfeiture amount should be reduced to $24,000. After applying the Forfeiture Policy Statement and statutory factors to the instant case, we believe a $24,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Zachery Broadcasting Company is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty four thousand dollars ($24,000) for violating sections 11.35(a), 73.3526, 17.50, 17.56, 17.48, 17.4(a) and 73.49 of the Commission's Rules for failure to maintain EAS equipment, failure to maintain a public inspection file, failure to maintain
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- will be applied to this action. No downward adjustment criteria have been identified to warrant a lowering of the base forfeiture amount. After applying the Forfeiture Policy Statement and statutory factors to the instant case, we believe a $22,000 forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, KYOO Communications, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty two thousand dollars ($22,000) for violating Sections 11.35(b), 17.50, 73.1350(c)(1) and 73.1800(a) of the Rules, 47 C.F.R. §§ 11.35(b), 17.50, 73.1350(c)(1) and 73.1800(a). 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
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- to pay, and other such matters as justice may require. Considering the entire record, including Pinnacle's history of similar violations, and applying the factors listed above, an increase in the base forfeiture amount is warranted. Therefore, this case warrants a forfeiture of $20,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Pinnacle Towers Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful and repeated violation of Section 17.50 of the Rules by failing to clean and repaint its antenna structure to maintain good visibility. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a forfeiture of $2,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Qwest Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for willful violation of Section 17.4(g) of the Rules by failing to display the antenna structure registration number. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, St. Louis Mobile System Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register its antenna structure. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
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- addition, Cumulus has a history of prior offenses for the same type of violation at other Cumulus radio stations. Considering the entire record and applying the factors listed above, this case warrants an upwards adjustment of the base forfeiture from $1,000 to $2,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Cumulus Licensing Corp. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for willful and repeated violation of Section 73.3526(e)(12) of the Rules by failing to maintain required issues-programs listings at both KQTP and KWIC. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $2,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, AAT Communications Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for willful violation of Section 17.47(a) of the Rules by failing to monitor the status of its antenna structure lighting. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
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- of the required items in the public inspection file, a downward adjustment of the base forfeiture for that violation from $10,000 to $5,000 is warranted. Considering the entire record and applying the statutory factors listed above, this case warrants a $19,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Hunt Broadcasting Group, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand dollars ($19,000) for willful violation of Sections 73.49, 73.1350(b)(2), 73.1350(c), 11.35(a), 73.3526(e)(5), 73.3526(e)(6) and 73.3526(e)(12) of the Rules, by failing to provide an effective locked fence enclosing the base of the KPWB AM tower,
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- file contained a portion of the required items, a downward adjustment of the base forfeiture amount for this violation from $10,000 to $5,000 is warranted. Considering the entire record and applying the statutory factors listed above, this case warrants a $9,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, American Family Association is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of nine thousand dollars ($9,000) for willful violation of Sections 11.35(a), 73.3527(e)(4), 73.3527(e)(7) and 73.3527(e)(8) of the Rules, by failing to maintain operational EAS equipment, and by failing to maintain a current ownership report, The Public and Broadcasting
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Crown Castle GT Company LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules by failing to clean and repaint its antenna structure to maintain good visibility. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
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- matters as justice may require. Applying Section 1.80(b)(4) of the Rules and statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $8,000 is warranted. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Union Broadcasting Inc., is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Section 11.35(a) of the Commission's Rules, 47 C.F.R. § 11.35(a). 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date
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- the outages and based on the adjustment criteria listed above, the forfeiture amount for that violation warrants an increase to $15,000. Considering the entire record and applying the statutory factors listed above, this case warrants a $16,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Barnstable Broadcasting, Inc. dba Two Rivers Broadcasting Limited Partnership is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for willful and repeated violation of Sections 11.35(a) and 17.51(b) of the Commissions Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's
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- Section 1.80(b)(4) of the Rules and statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $4,000 is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, National Cable is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willful violation of Section 1.89(b) of the Commission's Rules. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
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- statutory factors to the instant case, a downward adjustment is appropriate for the AM tower fencing, as the fence surrounding the antenna structure was adequate, although unlocked. As such, we find that a total forfeiture in the amount of $6,500 is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, T & W Communications Corporation, is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand five hundred dollars ($6,500) for violating Sections 17.4(a)(2) and 73.49 of the Commission's Rules, 47 C.F.R. §§ 17.4(a)(2) and 73.49. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
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- the Rules and statutory factors to the instant case, an upward adjustment is warranted due to the owner's history of non-compliance and flagrant disregard for the Commission's rules. Therefore, we find Christian Broadcasting liable for a forfeiture in the amount of $14,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Christian Broadcasting Corporation is hereby NOTIFIED of their APPARENTLY LIABLE FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violating Sections 1.89(b) and 17.4(a) of the Commission's Rules, 47 C.F.R. §§ 1.89(b) and 17.4(a). 9. IT IS FURTHER ORDERED, pursuant to Sections 1.80 of the Rules, within thirty days of
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- as justice may require. Applying Section 1.80(b)(4) of the Rules and statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $15,000 is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Hancock Broadcasting Corporation, is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violating Sections 11.35(a) and 73.49 of the Commission's Rules, 47 C.F.R. §§ 11.35(a) and 73.49. Corporation, SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement
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- Section 1.80(b)(4) of the Rules and statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $15,000 is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, MAPA Broadcasting, L.L.C. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violating Sections 11.35(a), and 73.49 of the Commission's Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of
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- Section 1.80(b)(4) of the Rules and statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $20,000 is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, C.W.H. Broadcasting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollar ($20,000) for willful violation of Sections 17.4(a)(2), 17.51(a), and 73.49 of the Commission's Rules. 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Richard I. Rowland is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violating Section 301 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF APPARENT
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- of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Cumulus Licensing Corporation's violations were repeated and willful. Applying the Forfeiture Policy Statement and statutory factors to the instant case, an $24,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Cumulus Licensing Corp. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty four thousand dollars ($24,000) for violating Section 11.35(a) of the Commission's Rules IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE
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- degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Rebus, Inc.'s violation was repeated and willful. Applying the Forfeiture Policy Statement and statutory factors to the instant case, an $8,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Rebus, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Section 11.35(a) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF APPARENT
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- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Mega Communications of St. Petersburg Licensee, L.L.C. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.51(a). IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
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- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, SpectraSite Communications, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of amount of $10,000 for willful violation of Section 17.51(a) of the Commission's Rules 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
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- instant case, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted because of the potential hazard to air navigation and a three thousand ($3000) monetary forfeiture for failure to file required forms, for a total of thirteen thousand dollars ($13,000). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Rio Grande Transmission, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for willfully violating Section 303(q) of the Act and Sections 17.23 and 17.57 of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty
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- and the system violated CLI on June 6, 2000. We believe the appropriate forfeiture for CommuniComm's repeated failure to comply with leakage limits on June 6 and 7, 2000, and the system violated CLI on June 6, 2000, is $8,000. Ordering clauses Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, James Cable Partners, LP, d/b/a CommuniComm Services, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful or repeated violation of 76.605(a)(12) and 76.611(a) of the Commission's Rules. IT IS FURTHER ORDERED, PURSUANT TO Section 1.80 of the Commission's Rules, within thirty days
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- the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $4,000 forfeiture is warranted. Ordering clauses 9. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, WWC License L.L.C., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for repeated violation of 22.371(b) of the Commission's Rules. 10. IT IS FURTHER ORDERED, PURSUANT TO Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE
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- (1999). In view of the fact that HCTV was previously issued an Official Notice of Violation on November 29, 2000 for violation of Section 73.3527(c)(1) of the Rules, we see no reason to mitigate the base forfeiture amount. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, HCTV is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to make the local public inspection file available during regular business hours, in violation of Section 73.3527(c)(1) of the Rules, 47 C.F.R. Section 73.3527(c)(1). 11. IT IS FURTHER ORDERED THAT, pursuant to
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- any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and statutory factors to the instant case, we believe that a monetary forfeiture of ten thousand dollars ($10,000) is warranted for the violation. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Califormula Broadcasting is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violating Section 301 of the Act. 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT LIABILITY,
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- operate the station is outstanding.'' Based on the evidence before us, we find that Hogar has willfully violated Section 73.3526(a)(2) of the Rules by not maintaining a public inspection file. A monetary forfeiture of ten thousand dollars ($10,000) is proposed for this violation. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, KASA Radio Hogar, Inc. is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violating Sections 73.54(d), 73.1350(c)(1), 73.1590(a)(6) and 73.3526(a)(2) of the Commission's Rules and Regulations. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of
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- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $17,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Joshie Yasin Nakamura, Sr. is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violating Sections 301, 325(a), and 333 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of
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- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Joshie Yasin Nakamura, Sr. a/k/a Marvin Eugene Barnes is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violating Section 301of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $17,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Alan-Leonard Brockway is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willfully and repeatedly violating Section 301 of the Act and Section 303(n) of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Palouse Country, Inc., is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violating Section 73.1400(a)(1)(ii), 73.1560(a), 73.1580, and 73.1870(c)(3) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
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- require. The record reveals that Faith does have an overall history of compliance. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a seven thousand dollar ($7,000) monetary forfeiture is warranted IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Anastos Media Group is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7000) for violating Section 73.49 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT LIABILITY, Anastos
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- Nextmedia does have an overall history of compliance, but the violation was egregious. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a fifteen thousand dollar ($15,000) monetary forfeiture is warranted IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Nextmedia is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violating Sections 17.47(a)(1), 17.48(a) and 17.51(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT LIABILITY,
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- history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a seventeen thousand dollars ($17,000) monetary forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, and 1.80 of the Rules, Cornbelt Broadcasting Co. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willfully and repeatedly violating Sections 11.35(b), 17.4(g), and 73.49 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
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- to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. After applying the Forfeiture Policy Statement and the statutory factors to the instant case, we believe a $7,000 forfeiture is warranted. Ordering Clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Cumulus Licensing Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of Section 73.49 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT
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- that Faith does have an overall history of compliance. However, the violation is egregious. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that an eight thousand dollar ($8,000) monetary forfeiture is warranted. Ordering Clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Faith is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully violating Section 11.52(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT LIABILITY, Faith SHALL
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- of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Mortenson Broadcasting Co. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 17.51(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT LIABILITY,
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- history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a two thousand dollar ($2,000) monetary forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Adelphia Communications is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($2,000) for willfully and repeatedly violating Section 11.61(a) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a seventeen thousand dollar ($17,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Central Transport, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willfully and repeatedly violating Section 303(q) of the Act, as amended, and Sections 17.4(a) and 1.89(b) of the Rules. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's
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- Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we find no compelling evidence to support any adjustments to the base forfeiture amounts and we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSE 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Parnassos, L.P. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three dollars ($3,000) for willfully and repeatedly violating Section 17.4(a) of the Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT
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- showed good faith surrounding the violations by the voluntary disclosure of information; however, the violations are egregious. Applying the Policy Statement and the adjustment criteria to the instant case, we believe that a two thousand two hundred dollar ($2,200) monetary forfeiture is warranted. Ordering Clauses 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 506(a) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, KYS Inc. Sandusky Bay Marine Towing is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand two hundred dollars ($2,200) for willfully violating the Great Lakes Agreement and Sections 80.953(a) and 80.953(b) of the Commission's Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
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- A. Brothers does not have an overall history of compliance and the violations are egregious. Applying the Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that an eleven thousand dollar ($11,000) monetary forfeiture is warranted. Ordering Clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Commission's Rules (``Rules'') Thomas A. Brothers is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand dollars ($11,000) for willfully and repeatedly violating Section 301 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
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- surrounding the violations by the voluntary disclosure of information; however, the violation is egregious. Applying the Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that an eight thousand dollar ($8,000) monetary forfeiture is warranted. IV. Ordering Clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Oberlin College Student Network, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully and repeatedly violating Section 11.35(a) of the Rules by failing to install and have operational EAS equipment. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
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- of prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a fifteen thousand dollar ($15,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Sprintcom, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willfully and repeatedly violating Section 303(q) of the Act, as amended, and Sections 17.4(g), 17.47(a)(1), 17.47(a)(2) 17.48(a) and 17.51(b) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
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- as justice may require. Because US Cable failed to register two different towers, this constitutes separate violations and it is appropriate to impose a forfeiture for each. Considering the entire record and applying the factors listed above, this case warrants a $6,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, US Cable is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register its two antenna structures. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days
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- ability to pay, and other such matters as justice may require. Applying the Policy Statement and statutory factors to the instant case, we believe that a monetary forfeiture of four thousand dollars ($4,000) is warranted for the violation. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Richard E. LaPierre is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 1.89(b) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF
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- any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and statutory factors to the instant case, we believe that a monetary forfeiture of twenty-two thousand dollars ($22,000) is warranted for the violations. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, RADIO ONE LICENSES INC. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-eight thousand dollars ($22,000) for failure to have operational Emergency Alert System (``EAS'') equipment, failure to conduct and log required EAS tests, failure to maintain a local telephone number in the community of license, failure to
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- voluntary disclosure of information, the violation was not minor, and occurred over a two month period. Applying the Policy Statement and the statutory factors to the instant case and applying the downward adjustments, we believe that reducing the NAL to four thousand dollars ($4000) is warranted. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Time Warner Cable is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for failure to maintain operational EAS equipment and for failing to conduct and log the required monthly and weekly tests of EAS, in violation of Sections 11.35(a), 11.61(a)(1)(iii), and 11.61(a)(2)(i)(B) of the Rules.
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- the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. After applying the Forfeiture Policy Statement and the statutory factors to the instant case, we believe a $5,000 forfeiture is warranted. IV. Ordering Clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, The Original Company, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for failure to observe the antenna structure's lights at least once each 24 hours and for failing to notify the FAA when Original became aware of the outage of the top beacon
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- a repeat of these violations from prior inspections and the violations are egregious. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a five thousand dollar ($5,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, J4 Broadcasting of Cincinnati, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for willful and repeated violation of Sections 73.51(e)(2) and 73.1560(a)(1) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the
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- pay, and other such matters as justice may require. Considering the entire record, applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a five thousand dollar ($5,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Frank Kluz is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for willful violation of Section 95.411 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT LIABILITY,
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- degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' After considering the entire record and applying the statutory factors listed above, we find that a forfeiture in the amount of $10,000 is appropriate. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Rev. Dr. Philius Nicholas is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Rev. Yvon Louis is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF APPARENT
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Gateway Security Systems, Inc., is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE
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- of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Morgan Tower Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 17.21(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT LIABILITY,
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, California Speedway is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF APPARENT LIABILITY,
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Niagara Mohawk Power Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.50 of the Commissions Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
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- shows Phillips has a history of prior violations, and the over-power violation was egregious. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Phillips is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violating Sections 11.35(a), 11.52(d), 17.4(c), and 731560(a)(1) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT
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- file, but that item had never been maintained by Petracom at the time of inspection. Therefore, we assess the forfeiture amount for the public file violation at $1,500. Considering the entire record and applying the factors listed above, this case warrants a $3,500 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Petracom is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand five hundred dollars ($3,500) for willful and repeated violation of Sections 11.61(a)(2)(i)(A) and 73.3526(a)(2) of the Rules by failing to conduct EAS tests and maintain an issues/programs list in the public file. IT IS FURTHER ORDERED THAT,
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- map and the ownership report were the only items missing from the public inspection file. Therefore, we assess the forfeiture amount for the public file violation at $2,500. Considering the entire record and applying the factors listed above, this case warrants a $2,500 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Community Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand five hundred dollars ($2,500) for willful and repeated violation of Section 73.3526(a)(2) of the Rules by failing to maintain a copy of the contour map and a copy of the current ownership report in the
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- the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $4,000 forfeiture is warranted. Ordering clauses 9. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, WWC License L.L.C., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for repeated violation of 22.371(b) of the Commission's Rules. 10. IT IS FURTHER ORDERED, PURSUANT TO Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE
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- the violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Neely is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for repeated violation of Section 73.1745(a) of the Rules for operating with unauthorized power. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $21,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, RJM Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for willful and repeated violation of Sections 73.1125 and 73.1745(a) of the Rules, and willful violation of Section 73.3526(c)(1) of the Rules for failing to maintain a presence at its main studio, exceeding
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants an $8,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, AT&T Broadband is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Sections 76.605(a)(12) and 76.611(a)(1) of the Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
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- one-half of the station's public file was available at the time of inspection. Therefore, we assess the forfeiture amount for the public file violation at $5,000. Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Tralyn Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for repeated and willful violation of Sections 11.61(a)(2)(i)(A) and 73.3526(a)(2) of the Rules by failing to conduct weekly tests of the Emergency Alert System, and failing to maintain all required material in the
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $15,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Pittman Broadcasting Services, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willful violation of Sections 11.35(a) and 73.49 of the Rules by failing to maintain operational Emergency Alert System (``EAS'') equipment and failing to provide an effective locked fence enclosing the station's
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- require. Since there are six antenna structures involved in this case and a lengthy period of continuous violation, we are increasing this forfeiture amount by $1,500. Considering the entire record and applying the factors listed above, this case warrants a $4,500 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Tecnet, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand five hundred dollars ($4,500) for willful and repeated violation of Section 17.57 of the Rules by failing to immediately notify the Commission of a change in ownership of antenna structures. 8. IT IS FURTHER ORDERED THAT,
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $17,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Marion R. Williams is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willful violation of Sections 73.49 and 73.3526(c)(1) of the Rules by failing to enclose the station's antenna tower within an effective locked fence or other enclosure and failing to make the station's
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- $4,000 as all the necessary EAS equipment was installed, but not yet operational due to extensive work being done at the system's headend. Applying Section 1.80 of the Rules and the statutory factors to the instant case, a $4,000 forfeiture is warranted. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Cox Communications, Inc., is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violating Section 11.35(a) of the Rules, 47 C.F.R. § 11.35(a). 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
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- assertion that the tower would be taken down in the next 90 to 120 days, the tower was at the same location and had not been repainted as of July 21, 2000. Therefore, a forfeiture in the amount of $16,000 is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Natchez Communications, Inc., is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for violating Sections 17.4(g) and 17.50 of the Commission's Rules, 47 C.F.R. §§ 17.4(g) and 17.50. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days
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- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Kaspar Broadcasting Co. of Missouri is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of Section 73.49 of the Rules, by failing to provide an effective locked fence enclosing the base of the station's antenna tower. 7. IT IS FURTHER ORDERED THAT,
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Metropolitan Radio Group of Florida, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of Section 73.49 of the Rules by failing to maintain an effective locked fence around the base of its antenna towers. 7. IT IS FURTHER ORDERED THAT,
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- of prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Commission's Rules (``Rules'') Cell Page is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE
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- and repeated. However, a reduction in this forfeiture amount by $500 is warranted based on Klaus D. Kramer's voluntary relinquishment of the offending non-certified transmitting equipment. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $9,500 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Klaus D. Kramer, is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of nine thousand five hundred dollars ($9,500) for violating Section 301 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE
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- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, David Edwin Merrell is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Communications Act of 1934, as amended. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the
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- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $3,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Groveton Broadcasting Group, Inc. is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for failure to file required forms or information required by Section 17.4(a) of the Commission's rules, 47 C.F.R. § 17.4(a). IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
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- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $8,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Friendship Cable of Texas, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful or repeated violation of 76.605(a)(12) and 76.611(a) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of
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- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Marcel (NMI) Charles, a.k.a. Marcel M. Charles, a.k.a. Mariel M.Charles, a.k.a. Joseph M. Charles is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Communications Act of 1934, as amended. IT IS FURTHER ORDERED THAT, pursuant to
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- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Josue Alusma is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of
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- and with respect to the violator, the degree of culpability, any history or prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Tower Properties of Florida Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.50 of the Rules by failing to maintain good visibility of the required antenna structure obstruction markings. 9. IT IS FURTHER ORDERED THAT,
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- and with respect to the violator, the degree of culpability, any history or prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Gulf Stream Natural Gas System is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.51 of the Rules by failing to exhibit obstruction lighting on structure 1232899 in Ft. Meade, Florida. 9. IT IS FURTHER ORDERED THAT, pursuant to Section
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Wings Communications, Inc. DBA WELE Radio is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51 of the Rules by failing to exhibit red obstruction lighting from sunset to sunrise on antenna structure 1062835 in Ormond Beach, Florida.
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- and with respect to the violator, the degree of culpability, any history or prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record, and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Ashley is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules by failing to maintain good visibility of the required antenna structure obstruction markings. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Brian N. Bloom is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act by operating radio transmitting equipment on the frequency 93.9 MHz without benefit of the required Commission authorization. IT IS FURTHER ORDERED THAT, pursuant to
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Omar A. Ebanks is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act by operating radio transmitting equipment on the frequency 93.9 MHz without benefit of the required Commission authorization. IT IS FURTHER ORDERED THAT, pursuant to
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Lovelock is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act for operating radio transmitting equipment without the required Commission authorization. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $21,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, RJM Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for willful and repeated violation of Sections 73.1125 and 73.1745(a) of the Rules, and willful violation of Section 73.3526(c)(1) of the Rules for failing to maintain a presence at its main studio, exceeding
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $17,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Ward F. Dean is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willful violation of Sections 301 and 303(n) of the Act by operating a radio station without Commission authorization and by failure to allow an inspection of his radio station. IT IS FURTHER
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants an $8,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Suwannee Cable TV is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Sections 76.605(a)(12) and 76.611(a)(1) of the Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date
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- Section 1.80(b)(4) of the Rules and statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $25,000 is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,Willis Broadcasting Corporation, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violating Sections 1.89(b), 11.35(a), 17.4(a)(2) and 73.3526(c) of the Commission's Rules. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
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- all of the violations. Sycamore repeated the same violations as evidenced by the monitoring and station inspection in February, 2002. Considering the entire record and applying the statutory factors listed above, this case warrants a $25,000 forfeiture. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Sycamore Valley Broadcasting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty five thousand dollars ($25,000) for willful and repeated violation of Sections 11.52(d), 11.61(a), 17.50, 73.1400 and 73.1745(a) of the Commission's Rules. 16. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's
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- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''5 Considering the entire record and applying the statutory factors listed above, this case warrants an $8,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,7 WHYZ Radio, L.P. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for failure to have operational EAS equipment. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,8 within thirty days of the release date of this NOTICE OF APPARENT
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and the factors listed above, this case warrants an $8,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Comcast Cablevision of Nashville II LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 76.605(a)(12) of the Rules and willful violation of Section 76.611(a)(1) of the Rules. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
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- of prior offenses, ability to pay, and other such matters as justice may require.'' The Field Office received complaints concerning WMGC's overpower operation at night. Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Radio 810 Nashville, Incorporated is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for repeated and willful violation of Sections 73.1350(d)(2), and 73.1745(a), and willful violation of Section 73.1215(a) of the Rules. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
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- Section 1.80(b)(4) of the Rules and statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $22,000 is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Jamie Patrick Broadcasting, Ltd. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-two thousand dollars ($22,000) for willful violation of Sections 1.89(b), 11.35(a), and 73.3526(a)(2) of the Commission's Rules. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of
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- other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, (``Act'') and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, US Cable is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violations of Sections 11.61(a)(1)(iii), 11.61(a)(2)(i)(B), and 11.61(b) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the
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- of prior offenses, ability to pay, and other such matters as justice may require. Verizon failed to update ownership information on two of its antenna structures. Considering the entire record and applying the factors listed above, this case warrants a forfeiture of $6,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Verizon Wireless is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for willful and repeated violation of Section 17.57 of the Rules by failing to notify the Commission of a change in ownership of two of its antenna structures. IT IS FURTHER ORDERED THAT, pursuant
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Media General is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51 of the Rules by failing to exhibit obstruction lighting on antenna structure 1058894. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
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- to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying Section 1.80 of the Rules and the statutory factors to the instant case, a $7,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Exports R Us is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violating Sections 2.803 and 2.815 of the Rules, 47 C.F.R. § § 2.803, 2.815. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the
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- of prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Networx Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for operating unlicensed stations in violation of Section 301 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE
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- of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a seven thousand dollar ($7,000) monetary forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules WOYK Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating Section 73.49 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT LIABILITY, WOYK
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a twenty thousand dollar ($20,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, FBS Wireless Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for failing to exhibit red obstruction lighting on the WFBS(AM) antenna structure; failure to register the WFBS(AM) antenna structure with the Commission; and failure to maintain an effective locked fence around the WFBS(AM)
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules Networx is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT LIABILITY,
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a thirteen thousand dollar ($13,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Qwest is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for willful and repeated violation of Sections 17.4(a) and 17.50 of the Rules by failing to register its antenna structure and failing to maintain the tower paint in good condition. IT IS FURTHER ORDERED THAT,
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $20,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Radio X Broadcasting Corp. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful violation of Sections 17.50 and 73.3526(b) of the Rules by failing to repaint its antenna structure in accordance with the painting specifications associated with its antenna structure #1043256 and failing
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $7,000 forfeiture. IV ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Electronics Unlimited, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violating Sections 302 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF APPARENT LIABILITY,
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Florida Cellular Service, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51 of the Rules by failing to exhibit obstruction lighting on structure 1225706 in Hobe Sound, Florida. IT IS FURTHER ORDERED THAT, pursuant to Section
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- facilities into compliance with it's authorizations or to amend it's authorizations to seek approval to operate consistent with its current operating parameters. Applying the Forfeiture Policy Statement statutory factors to the instant case, a $13,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, ACS Television, L.L.C. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violating Section 74.780, 73.3538(a)(1), and (a)(4) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
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- the State of New Mexico EAS plan. Therefore, failure to have operational EAS equipment is applied to each station separately. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $16,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,12 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,13 each of the Alpine captioned licensees, is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) each for violation of Sections 11.35(a) of the Rules, 47 C.F.R. §11.35(a), representing a total forfeiture of $16,000. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
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- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $7,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,8 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,9 Sam Bushman is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules, 47 C.F.R. §73.49. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,10 within thirty days of the release date of this
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- of prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. Ordering Clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Amethyst's International Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT LIABILITY,
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- of prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a fifteen thousand dollar ($15,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Beacon Broadcasting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for failing to post the ASR numbers, failing to notify the FAA and failing to maintain the paint on the WGRP(AM) antenna structures. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
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- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $7,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Commonwealth License Subsidiary, LLC, is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this NOTICE
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- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.5 Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $3,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Mount Rushmore Broadcasting, Inc., is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violations of Sections 73.1350 and 73.1400 of the Rules.6 IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules7 within thirty days of the release date of
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- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Mount Rushmore Broadcasting, Inc., is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Communications Act of 1934, as amended. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the
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- such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amount. Therefore, a forfeiture in the amount of $4,000 is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, North American Broadcasting Company, Inc., is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violating Section 73.1560(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF
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- as justice may require. In applying Section 1.80(b)(4) of the Rules and the statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $15,000 is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Aracelis Ortiz, Executrix of the Estate of Carlos Ortiz, is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violating Sections 11.35(a), and 73.1125(c) of the Commission's Rules and Regulations. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty
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- $3,000 for each of the two instances of failure to register its antenna structures, we find no compelling evidence to support any adjustments to the base forfeiture amount. Thus, we believe that a total forfeiture amount of six thousand dollars ($6,000) is warranted. IV. ORDERING CLAUSE Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, FrontierVision Operating Partners, L. P. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for willful and repeated violation of Section 17.4(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
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- the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the statutory factors listed above, this case warrants an $8,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,6and Sections 0.111, 0.311 and 1.80 of the Rules,7 Fayette County Broadcasting is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 11.35(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE
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- it's affiliates within the past 2 years for failure to post the ASR at other registered antenna structures. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, we conclude a $2,000 forfeiture is warranted. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, VoiceStream PCS I License, L.L.C., is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violation of Section 17.4(g) of the Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, William Davon Upson is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act by operating radio transmitting equipment on the frequency 91.7 MHz without benefit of the required Commission authorization. IT IS FURTHER ORDERED THAT, pursuant to
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the factors listed above, this case warrants a $2,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Gore-Overgaard. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for repeated and willful violation of Section 11.52(d) of the Rules by failing to monitor its assigned EAS sources. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Twenty-One Sound Communications, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 73.1125(a) of the Rules for failure to maintain a presence at the KKAC main studio. 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
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- forfeiture amount of $4,000 for a violation of Section 73.1216 of the rules. Based upon our review of all the pertinent factors as required by Section 503(b)(2)(D) of the Act, we believe that a $4,000 forfeiture is appropriate. V. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Isothermal Community College is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Four Thousand Dollars ($4,000) for willfully and repeatedly violating Section 73.1216 of the Commission's rules. 14. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days of the release of this
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act7 and Sections 0.111, 0.311 and 1.80 of the Rules8Brown Broadcasting, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register their antenna structure with the Commission. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
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- and with respect to the violator, the degree of culpability, any history or prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Vector Communications, Inc. d/b/a WCFI, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51(a) of the Rules by failing to exhibit all required obstruction lighting on structure 1217391 in Ocala, Florida. 11. IT IS FURTHER ORDERED
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the factors listed above, this case warrants a $25,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Blountstown . is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willful violation of Sections 11.35, 73.49 and 73.3526(c) of the Rules by failing to ensure that their EAS equipment was operational, failure to enclose the base of the tower with a fence and
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- of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. After applying the Forfeiture Policy Statement and the statutory factors to the instant case, we believe that a sixteen thousand dollar ($16,000) monetary forfeiture is warranted. Ordering Clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, WLTH Radio, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for failure to register the antenna structure, failure to notify the FAA of a tower light outage, and failure to exhibit red obstruction lighting in violation of Sections 17.4(a), 17.48(a), and 17.51(a). IT
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- base amount of Comcast's violation of $3,000 for failure to register its antenna structure, we find no compelling evidence to support any adjustments to the base forfeiture amount. Thus, we believe that a forfeiture amount of three thousand dollar ($3,000) is warranted. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Comcast Cablevision of Michigan, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty (30) days of the release
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Ivette is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 1.903(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT LIABILITY,
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Star is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 1.903(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF APPARENT
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Forest is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 1.903(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT LIABILITY,
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a two thousand dollar ($2,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Time Warner is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for willful and repeated violations of Sections 11.61(a)(1)(iii) and 11.61(a)(2)(i)(B) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $25,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Paulino Bernal Evangelism, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willful violation of Sections 73.1125, 11.35(a), and 73.3527(c)(1) of the Rules for failing to maintain a main studio in the community of license, have EAS Encoders, EAS Decoders and Attention Signal
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-242819A1_Erratum.doc
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $25,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Paulino Bernal Evangelism, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willful violation of Sections 73.1125, 11.35(a), and 73.3527(c)(1) of the Rules for failing to maintain a main studio in the community of license, have EAS Encoders, EAS Decoders and Attention Signal
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, SM Radio, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of Section 73.1125 of the Rules for failing to maintain a main studio in the community of license. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-242821A1_Erratum.doc
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, SM Radio, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of Section 73.1125 of the Rules for failing to maintain a main studio in the community of license. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
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- of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Louisa is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation Section 17.4(a)(2) of the Rules by failing to register an existing antenna structure that had been assigned painting or lighting requirements prior to July 1, 1996. IT IS FURTHER ORDERED
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- other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a six thousand dollar ($6,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, (``Act'') and Sections 0.111, 0.311 and 1.80 of the Rules, Kimtron is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for willful and repeated violations of Sections 11.35(a), 11.61(a)(1)(i), and 11.61(a)(2)(i)(A) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Citadel Broadcasting Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 73.49 of the Rules by failing to enclose the station's antenna towers within effective locked fences or other enclosures. 9. IT IS FURTHER ORDERED THAT, pursuant
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- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $12,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Portland Taxicab Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violating Sections 1.903(a), 90.210, 90.403(e), and 90.425(a) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Redwood Family Services, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register its antenna structure with the Commission. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules Eagle Broadcasting, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for repeated violation of Section 17.4(a) of the Rules by failing to register its three antenna structures with the Commission. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. Ordering Clauses 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Exosphere Broadcasting, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000 for willful and repeated violation of Sections 17.50 and 17.51 of the Commission's Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release of this
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- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, an $8,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Rainbow Honolulu is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 1.903(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF APPARENT
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- a management presence was a continuous violation. However, the licensee did maintain some part time management presence and did have a public file with some required documents. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, The Moody Bible Institute of Chicago is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000.00) for willful and repeated violation of Section 73.1125(a) of the Rules by failing to maintain a full time management presence at its main studio and for willful violation of Section
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- excessive power at night and an improper directional pattern at night, we believe that, in this case, both violations are related to the same action. Therefore, considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, WFNO, L.L.C., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 73.1745 of the Rules by operating at time, or with modes or power, other than that specified on the station authorization. 9. IT IS FURTHER ORDERED THAT,
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Fritzner Simon is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Act by operating radio transmitting equipment on the frequency 102.1 MHz and also on 87.9 MHz without benefit of the required Commission authorization. IT
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Billy Thomas Alsbrooks is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act by operating radio transmitting equipment on the frequency 91.3 MHz without benefit of the required Commission authorization. IT IS FURTHER ORDERED THAT, pursuant to
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Jason T. Green is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 the Act by operating radio transmitting equipment on the frequency 91.9 MHz without benefit of the required Commission authorization. IT IS FURTHER ORDERED THAT, pursuant to Section
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Gary M. Feldman is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 the Act by operating radio transmitting equipment on the frequency 91.9 MHz without benefit of the required Commission authorization. IT IS FURTHER ORDERED THAT, pursuant to Section
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a twenty two thousand dollar ($22,000) monetary forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, JMK is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($22,000) for willfully violating Sections 11.35(a), 73.1745(a), 73.3526(e)(5) and 73.3526(e)(12) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, L.A.C.A. is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF
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- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act , and Sections 0.111, 0.311 and 1.80 of the Rules, Capital Media is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willful and repeated violations of Sections 11.35(a) and 11.61(b) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, (``Rules'') Best Wok is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for operating radio-transmitting equipment on the frequency 145.8376 MHz without a license. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Rony Richard Louis is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Act by operating radio transmitting equipment on the frequency 89.5 MHz without benefit of the required Commission authorization. 12. IT IS FURTHER ORDERED
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants an $18,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Rama Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for failure to have the EAS transmitting functions available during times the station is in operation, and failure to make available for inspection the complete public inspection file. IT IS FURTHER ORDERED THAT,
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Crystal is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violations of Sections 11.61(a)(2)(i)(A) and 73.1820(a)(1)(C)(iii) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Parkway is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. Ordering Clauses 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Aquila, Inc., is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000 for repeated violation of Section 17.51 of the Commission's Rules. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release of this NAL, Aquila, Inc., SHALL PAY
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants an $8,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, WBLB is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for repeated violation of Section 11.35(a) of the Rules by failing to have its EAS transmitting functions available during times the station is in operation. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
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- and with respect to the violator, the degree of culpability, any history or prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the factors listed above, this case warrants a $13,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, WGUL-FM, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for willful and repeated violation of Sections 17.51(a) and 17.57 of the Rules by failing to exhibit obstruction lighting on structure 1027884 and failing to immediately notify the Commission upon any change in ownership
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Metropolitan Radio Group, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for repeated and willful violation of Section 73.49 of the Rules by failing to maintain an effective locked fence around the base of its AM antenna towers used by station WBRD. 8.
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- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $2,000 forfeiture is warranted IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Big Island Radio, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violations of Sections 11.35(a) and 11.61 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
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- may require. In applying Section 1.80(b)(4) of the Rules and the statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $10,000 is warranted. IV. Ordering Clauses 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Michael David Oaks is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act. 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
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- is not a minor violation, the record reveals that West Harbor has an overall history of compliance. Applying the Policy Statement and the adjustment criteria to the instant case, we believe that a one thousand one hundred dollar ($1,100) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 506(a) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, West Harbor Towing is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of one thousand one hundred dollars ($1,100) for willfully and repeatedly violating the Great Lakes Agreement and Sections 80.953(a) and 80.953(b) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
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- a portion of the required items in the public inspection file, a downward adjustment of the base forfeiture for that violation from $10,000 to $2,000 is warranted. Considering the entire record and applying the factors listed above, this case warrants a $9,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Citadel Broadcasting Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of nine thousand dollars ($9,000) for willful and repeated violation of Sections 73.1125(a) and 73.3526(c)(1) of the Rules by failing to maintain a presence at the station's main studio and failing to make available for inspection all required
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-245205A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-245205A1.pdf
- a portion of the required items in the public inspection file, a downward adjustment of the base forfeiture for that violation from $10,000 to $2,000 is warranted. Considering the entire record and applying the factors listed above, this case warrants a $6,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, First Media is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for willful and repeated violation of Sections 73.1560(a)(1) and 73.3526(c)(1) of the Rules by operating in excess of authorized power at WWDR and by failing to make available for inspection a complete public inspection
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, AT&T Wireless is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51(b) of the Rules by failing to exhibit tower lights on structure 1030401. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require. Considering the entire record and applying the statutory factors listed above, this case warrants a $3,000 forfeiture. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Florida Food Products, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand ($3,000) for willful and repeated violation of Section 17.4(a) of the Commission's Rules by failing to register its antenna structure. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, EICB-TV, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 73.3526(c)(1) of the Rules by failing to make available for inspection all of the required material in the station's public inspection file. IT IS FURTHER ORDERED THAT,
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- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $8,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, O'Hana Radio Partners, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 11.35(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF
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- extent, gravity, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, we believe that an eleven thousand dollar ($11,000) monetary forfeiture is warranted. ORDERING CLAUSES 18. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Daniel Granda is hereby NOTIFIED of this APPARENT LIABILITY FOR FORFEITURE in the amount of twelve thousand dollars ($11,000) for willful and repeated violations of Section 308(b) and Section 333 of the Communications Act of 1934, as amended, Section 97.101(b) and Section 97.101(d) of the Commission's Rules. 19. IT IS FURTHER ORDERED THAT,
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- matters as justice may require.'' Considering the entire record and applying the factors listed above, a $2000 forfeiture is warranted for station KTPI(AM) and a $2000 forfeiture is warranted for co-located FM stations KTPI and KOSS, resulting in a total forfeiture of $4,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Concord Media Group of California, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for repeated violation of Sections 11.35(a) and 11.61(a)(2) of the Rules by failing to conduct required weekly EAS tests. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
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- the violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, a $20,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Stanley Mark Mayo is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful and repeated violation of Section 301 of the Act for operating radio transmitting equipment without the required Commission authorization. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
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- the violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Dead Air Broadcasting Company, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register its antenna structure with the Commission. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Wilner Simon is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 the Act by operating radio transmitting equipment on the frequency 87.6 MHz without benefit of the required Commission authorization. IT IS FURTHER ORDERED THAT, pursuant to
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- to the violator, the degree of culpability, and any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the factors listed above, a $2000 forfeiture is warranted for station KHIZ(TV). IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Sunbelt Television, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for repeated violation of Sections 11.35(a) and 11.61(a)(1) of the Rules by failing to conduct required monthly EAS tests.12 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
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- to the violator, the degree of culpability, and any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the factors listed above, a $2000 forfeiture is warranted for stations KIQQ-AM/FM. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Moon Broadcasting Riverside, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for repeated violation of Sections 11.35(a), 11.61(a)(1) and 11.61(a)(2) of the Rules by failing to conduct required monthly and weekly EAS tests. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a seventeen thousand dollar ($17,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Verizon is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willfully violating Sections 17.48, 17.49, 17.51, and 17.57 of the rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a five thousand dollar ($5,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Jarad is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for willful and repeated violation of Section 73.1350(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a five thousand dollar ($5,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, ,and Sections 0.111, 0.311 and 1.80 of the Rules, Jarad is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for willful and repeated violation of Section 73.1350(a) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF
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- and history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, we conclude a forfeiture in the amount of $10,000 is appropriate. . IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, A-O Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a seven thousand dollar ($7,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Beacon Broadcasting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 73.49 of the Rules by failing to enclose the station's antenna towers within effective locked fences or other enclosures. IT IS FURTHER ORDERED THAT, pursuant to
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- adjustments to the base amount of Paladen's violation of $7,000 for marketing unauthorized equipment, we find no compelling evidence to support any adjustments to the base forfeiture amount. Thus, we believe that a forfeiture amount of seven thousand dollars ($7,000) is warranted. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Paladen Communications a/k/a CB Shop, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 302(b) of the Act and Sections 2.815(b) and 2,815(c) of the Rules. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Angel Avena. is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE
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- respect to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors, an $8,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Mallard Cablevision, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Sections 76.605(a)(12) and 76.611(a)(1) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
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- Policy Statement and statutory factors to the instant case, we conclude an $8000 forfeiture is warranted for KOBB-FM and an $8000 forfeiture is warranted for KZLO-FM. In total, we find that a $16,000 forfeiture is warranted for RBC, licensee of KOBB-FM and KZLO-FM. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Reier Broadcasting Company Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for violating Sections 73.1350(a) and 73.1560(b) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Caprice is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willful and repeated violations of Section 1.903(a) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Andrews Tower Rental, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.50 of the Rules by failing to clean and repaint its antenna structure to maintain good visibility. IT IS FURTHER ORDERED that, pursuant to Section
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- a portion of the required items in the public inspection file, a downward adjustment of the base forfeiture for that violation from $10,000 to $3,000 is warranted. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, HQ-103, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Sections 73.1125(a) and 73.3526(c)(1) of the Rules for failing to maintain a presence at the station's main studio and failing to make available for inspection all of the
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- the violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants an $18,000 forfeiture. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, The Paradise Network is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for willful and repeated violation of Sections 11.35 and 73.3526(c)(1) of the Rules by failing to install and maintain required EAS equipment and by failing to have available for inspection the complete public
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-249189A1_Erratum.doc
- the violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants an $18,000 forfeiture. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, The Paradise Network is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for willful and repeated violation of Sections 11.35 and 73.3526(c)(1) of the Rules by failing to install and maintain required EAS equipment and by failing to have available for inspection the complete public
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- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors, we conclude that a $3,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Ackerley Media Group, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violations of Section l7.57 of the Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
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- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors, we conclude that a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, New Northwest Broadcasters LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section l7.23 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
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- items in the public inspection file, a downward adjustment of the base forfeiture for that violation from $10,000 to $8,000 is warranted. Considering the entire record and applying the factors listed above, this case warrants a $20,000 forfeiture. ordering clauses 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Jason Konarz is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful and repeated violation of Sections 11.35(a), 73.1745(a) and 73.3526(c) of the Rules by for failing to maintain operational Emergency Alert System equipment, operating with excessive power and then failing to discontinue
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- respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $15,000 forfeiture. ordering clauses 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Delta Radio Greenville, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willful and repeated violation of Sections 11.35(a) and 73.49 of the Rules by failing to maintain operational EAS equipment and failing to maintain effective fencing around its antenna structure. 9.
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- to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $7,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Farmworker Educational Radio Network Inc., is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violating Section 73.1125(a) and (e) of the Commission's Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date
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- to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $4,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Prolink Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of Apparent
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- to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $10,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Snow Hill is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Sections 73.3526(e)(6), 73.3526(e)(8), 73.3526(e)(9) and 73.3526(e)(12) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
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- to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $16,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Venture Technologies Group. LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for violations of Section 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
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- safety violation warrants the proposed forfeiture amount of $10,000. Accordingly, applying the Forfeiture Policy Statement, Section 1.80, and statutory factors to the instant case, we conclude that Capstar, licensee of KIKI-FM, is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's Rules, Capstar TX Limited Partnership, licensee of station KIKI-FM is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 1.1310 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release
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- to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $10,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Lotus Communication Corp. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Sections 17.21(a), 17.47, 17.48 and 17.49 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within
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- of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, a $2,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Morongo Basin Broadcasting Corporation, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violations of Sections 11.35(a) and 11.61 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of
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- of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, a $2,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Three D Radio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violation of Sections 11.35(a) and 11.61 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of
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- any history or prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the factors listed above, we conclude that Shadavrus is apparently liable for a $3,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Shadavrus Capital Trust, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.57 of the Rules by failing to notify immediately the Commission upon a change in ownership information. 7. IT IS FURTHER ORDERED that, pursuant
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- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $2,000 forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Hi-Favor Broadcasting, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violations of Sections 11.35(a), and 11.61(a)(2) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
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- to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $10,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Jean L. Senatus is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice
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- to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $10,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Lou Gentile is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice of
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- degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, an eleven thousand dollar ($11,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, M.B. Communications Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand dollars ($11,000) for willful and repeated violations of Sections 73.49, 73.1560(a)(1), and73.1745(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $15,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Clamor Broadcasting Network Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willful and repeated violation of Section 11.35 and 73.1125 of the Rules by failing to install the required EAS equipment and failure to maintain the station's studio within the community of
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- radio operations on the restricted frequency have been ongoing for many months and continued into October, 2004. Considering the entire record and applying the factors listed above, we conclude a forfeiture in the amount of $20,000 is appropriate. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Raimundo P. Silva is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
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- as justice may require. In applying Section 1.80(b)(4) of the Rules and the statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $8,000 is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, TV 45 Productions, Inc., is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Sections 11.35(a) and 11.61 of the Commission's Rules and Regulations. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants an $8000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Southern Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8000) for willful and repeated violation of Section 11.35 of the Rules by failing to have installed EAS transmitting and monitoring capabilities. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
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- Despite warnings and a prior NAL and Forfeiture Order, Gerritsen's radio operations have been ongoing for several months. Considering the entire record and applying the factors listed above, we conclude a forfeiture in the amount of $21,000 is appropriate. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Jack Gerritsen is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for violations of Section 333 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of Apparent
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- a fax with a similar statement and request. However, the continuing nature of TCB's overpower operation does not warrant a reduction of monetary forfeiture. Thus, considering the entire record and applying the statutory factors listed above, this case warrants a forfeiture of $4,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, TCB is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars for willful and repeated violation of Section 73.1745(a) of the Rules by failing to reduce power at sunset and by failing to limit power before sunrise. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
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- to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $21,000 forfeiture. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Halifax Christian Community Church, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for willful and repeated violation of Sections 11.35, 73.840, 73.845, and 73.1660(a)(2) of the Rules by failing to install and maintain required EAS equipment and operating overpower with a non-certified
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- to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $6,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, ACS Wireless is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for violations of Section 17.57 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of Apparent
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- respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Appling the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $13,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Rules, American Radio Brokers, Inc. d/b/a Radio Station KFFR 1020 is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for willful and repeated violation of Section 303(q) of the Act and Sections 17.51(a) and 17.48(a) of the Rules by failing to maintain and exhibit red obstruction
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- of the violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $24,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, that Chester P. Coleman c/o American Radio Brokers, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-four thousand dollars ($24,000) for willful and repeated violation of Sections 73.1125(a) and (e), 73.1740(a)(1) and 73.1745(b) of the Rules by failing to maintain, in both stations cases, a main studio,
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- to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $3,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Gary M. Schikora and the George Horner Trust are hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violations of Section 17.57 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
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- to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $7,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Butterfield Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
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- 1.80, and statutory factors to the instant case, we conclude that it is appropriate to increase the base forfeiture amount for Entravision's apparent violations. Therefore, we find Entravision apparently liable for a forfeiture in the amount of $25,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's Rules, Entravision Holdings, LLC, licensee of station WVEA-LP, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willful and repeated violation of Section 1.1310 of the Rules by failing to comply with general population and occupational radio frequency radiation maximum permissible exposure limits. IT
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- 1.80, and statutory factors to the instant case, we conclude that it is appropriate to increase the base forfeiture amount for Infinity's apparent violations. Therefore, we find Infinity apparently liable for a forfeiture in the amount of $20,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's Rules, Infinity Broadcasting of Florida, licensee of station WQYK-FM, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful and repeated violation of Section 1.1310 of the Rules by failing to comply with general population and occupational radio frequency radiation maximum permissible exposure limits.
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- seriousness of the safety violation warrants the proposed forfeiture amount of $10,000. Accordingly, applying the Forfeiture Policy Statement, Section 1.80, and statutory factors to the instant case, we conclude that Cumulus is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's Rules, Cumulus Licensing, LLC, licensee of KEKB(FM), KBKL(FM) and KMXY(FM), is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 1.1310 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the
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- culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a seventeen thousand dollar ($17,000) forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Source is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willful and repeated violations of Sections 17.4(a), 17.51(a) of the Rules and for willful and repeated failure to respond to a Commission order. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of
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- that Alpine is liable for the entire base amount for its violation of the main studio requirements. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we conclude that Alpine is apparently liable for a $7,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Alpine Broadcasting Limited Partnership, is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violating Section 73.1125(a) of the Commission's Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice
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- Resale Service <<< 2004 Data Not Available at Time of Publication >>> % of Total Number of Number of U.S. Carrier IMTS Resale Carrier Messages Minutes Revenues Revenues All West World Connect 3,408 37,980 18,990 0.000% AllCom USA, Inc. 1,522,474 3,870,810 340,321 0.006 Allendale Sales & Services 2,119 17,499 3,147 0.000 ALLTEL Corporation ALLTEL Communications, Inc. (IXC) 2,908,017 21,396,808 6,034,932 0.111 ALLTEL Systems of the Midwest, Inc. 466,893 2,620,872 679,082 0.013 KIN Networks, Inc. 3,771 31,194 10,167 0.000 Alma Telephone Company 55 250 79 0.000 Alpine Long Distance, L.C. 2,080 13,202 3,317 0.000 American Long Lines, Inc. 1,378,350 13,783,504 1,722,938 0.032 American Samoa License, Inc. 897,422 3,519,029 1,787,684 0.033 American Telecommunications Systems, Inc. 13,210 53,630 30,944 0.001 Americatel, Inc. 88,343,639 759,504,906
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- been cleared for emergency communications, despite repeated warnings and requests to vacate the frequency. Considering the entire record and applying the factors listed above, we conclude that Gerritsen is apparently liable for a forfeiture in the amount of $21,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Jack Gerritsen is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for violations of Sections 321(b) and 333 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we conclude that Lazer is apparently liable for a forfeiture in the amount of $8,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Lazer Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Section 11.35 of the Commission's Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice of
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- Public Inspection File, so that members of the public, like the Complainants, may view it. Because we have already begun enforcement action against Visionary for its apparent violation of the Commission's RFR Rules, we dismiss the Complaint. IV. ORDERING CLAUSES 20. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Visionary Related Entertainment L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 1.1310 of the Rules. 21. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
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- and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we find that Mollenido is apparently liable for a forfeiture of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Jose A. Mollinedo is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
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- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended,7 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,8 Samuel E. Dacres is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, by operating an FM radio transmitter without a license. IT IS FURTHER ORDERED that, pursuant to
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- culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, we conclude that WBLT is apparently liable for a $3,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, WBLT is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register its antenna structure. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of
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- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, an eight thousand dollar ($8,000) forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, L F Driscoll Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this
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- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Guerrero is apparently liable for a forfeiture in the amount of $8,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Rafael C. Guerrero is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 11.35 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
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- the criteria in Section 503(b)(2)(D) of the Act, and the upward adjustment criteria in the Forfeiture Policy Statement, we find that an upward adjustment of the base forfeiture amount to six thousand dollars ($6,000) is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Forsberg is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for willful and repeated violation of Section 17.4(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this
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- to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $4,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Classic Car Service is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice
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- to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $10,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Universal Network Television, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice
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- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, the case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Pembroke Square Associates is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for repeated violation of Section 301 of the Act by operating a radio transmitter without a license. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Scottie E. Kennedy is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act by operating an unlicensed transmitter on 157.025 MHz. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Danny R. McKinney is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act by operating an unlicensed transmitter on 156.325 MHz. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of
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- and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we find that AMFM Ohio is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, AMFM Ohio, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Sections 17.21(a), 17.47, 17.48 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty
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- the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Mega Communications of St. Petersburg Licensee, L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.21 of the Rules by failing to comply with the painting and lighting requirements for three antenna structures. IT IS FURTHER ORDERED that,
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- Vector's antenna structures were incapable of being lit. Accordingly, we believe an upward adjustment to $20,000 is appropriate for the lighting violation. Considering the entire record and applying the factors listed above, this case warrants a $20,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Vector Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful and repeated violation of Section 17.51(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
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- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Bee Taxi is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Bee Taxi Corporation, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice of
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- to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $4,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, WTMR License Limited Partnership is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.1745(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this
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- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $25,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Twenty-One Sound Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty five thousand dollars ($25,000) for willful and repeated violation of Sections 11.35, 73.1125, and 73.3526 of the Rules, by failing to maintain operational EAS equipment, failing to maintain a main studio, and failing to
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Loflin is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, David M. Loflin is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willful and repeated violation of Section 73.1350(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
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- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Jeremy R. Riels is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act by operating an unlicensed transmitter on 156.875 MHz. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we find that Bustos is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Bustos Media Holdings of Oregon, LLC., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.1745(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
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- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Hightech is apparently liable for a $7,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Rules, Hightech CB Shop IS hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 302(b) of the Act and Section 2.803(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days
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- to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $4,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Ingstad Brothers Broadcasting, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.1560(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this
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- 47 U.S.C. 303(n) Both Section 303(n) of the Act, and the Rules which implement the Act, grant the right to inspect most radio operations to the Commission, and by delegated authority to the Commission's Bureaus and agents. The Enforcement Bureau conducts inspections of radio installations as part of the Bureau's function to "[e]nforce the Commission's Rules and Regulations." 47 CFR 0.111(a). Both licensees and non-licensees must allow an FCC Agent to inspect their radio equipment. Along with the privilege of possessing a license come responsibilities such as knowing the applicable rules, including allowing the station to be inspected. Licensees should be aware of the Commission's right to inspect. Equally important, FCC Agents are allowed to inspect the radio equipment of non-licensees.
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- 47 U.S.C. 303(n) Both Section 303(n) of the Act, and the Rules which implement the Act, grant the right to inspect most radio operations to the Commission, and by delegated authority to the Commission's Bureaus and agents. The Enforcement Bureau conducts inspections of radio installations as part of the Bureau's function to "[e]nforce the Commission's Rules and Regulations." 47 CFR 0.111(a). Both licensees and non-licensees must allow an FCC Agent to inspect their radio equipment. Along with the privilege of possessing a license come responsibilities such as knowing the applicable rules, including allowing the station to be inspected. Licensees should be aware of the Commission's right to inspect. Equally important, FCC Agents are allowed to inspect the radio equipment of non-licensees.
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- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Major is apparently liable for a forfeiture of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, William Stephen Major is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
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- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Vera-Maury is apparently liable for a $7,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Angel Vera-Maury is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Section 73.49 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
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- prior offenses, ability to pay, and other such matters as justice may require.'' Applying the Forfeiture Policy Statement, Section 1.80 and the statutory factors, we conclude that Farmworkers is apparently liable for a forfeiture in the amount of $8,000. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Farmworkers Educational Radio Network Inc. is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Section 11.35 of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260406A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260406A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.( Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act,( and Sections 0.111, 0.311 and 1.80 of the Rules,10 Sylvane Simon is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act by operating an unlicensed transmitter on 1640 KHz. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) days of
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- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Sims is apparently liable for a $17,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Russell A. Sims, Jr., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violation of Sections 301 and 303(n) of the Act and Section 95.426(a) of the Rules by operating his citizens band radio station without Commission authorization and refusing to allow inspection
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that TravelCenters is apparently liable for a $7,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, TravelCenters of America is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty
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- a reduction from the base forfeiture amount to $2,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Ms. Salazar is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Maria L. Salazar is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Sections 11.35(a) and 73.3526(e) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
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- reduction from the base forfeiture amount to $2,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Parks is apparently liable for a $5,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Parks is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for willful and repeated violation of Sections 17.4(a), 73.3526(e)(4), and 73.3526(e)(12) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Arcom is apparently liable for a $3,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Arcom Communications is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violation of Section 17.4(a)(1) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Family is apparently liable for a $7,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Family Educational Association Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.1350(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260947A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260947A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that West Coast is apparently liable for an $8,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, West Coast Broadcasting is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Sections 73.1350(a) and 73.1560(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
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- offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, we conclude that GB Enterprises is apparently liable for a forfeiture in the amount of $10,500. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, GB Enterprises Communications Corp. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand five hundred dollars ($10,500) for willfully and repeatedly violating Sections 73.49 and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Unique is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Unique Broadcasting, L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly failing to respond in writing to Commission correspondence. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Communications Act of 1934, as amended, and Section
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- to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $7,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, WSMN Broadcasting, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Section 73.49 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice
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- of its authorization for station WQCT534. Specifically, Anderson must detail how it has relocated its transmitter to the coordinates specified in the station authorization, or how it has amended its authorization to accurately reflect the location of the transmitter. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Anderson Desk Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice
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- of its authorization for station WNTT908. Specifically, ICB must detail how it has relocated its transmitter to the coordinates specified in the station authorization, or how it has amended its authorization to accurately reflect the location of the transmitter. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, International Customs Brokers, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we conclude that Kojo is apparently liable for a forfeiture in the amount of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Kojo Worldwide Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice
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- licensee is required to operate on the frequency stated in its authorization. Accordingly, applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we conclude that Krieger is apparently liable for a forfeiture in the amount of $4,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Norman Krieger Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice
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- licensee is required to operate on the frequency stated in its authorization. Accordingly, applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we conclude that Lamkin is apparently liable for a forfeiture in the amount of $4,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Lamkin Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice of
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- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we conclude that More Enterprises is apparently liable for a forfeiture in the amount of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, More Enterprises Communications Network, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of
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- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we conclude that Pacific Spanish is apparently liable for a forfeiture in the amount of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Pacific Spanish Network Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this
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- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we conclude that Pacnet is apparently liable for a forfeiture in the amount of $10,000. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Pacnet Incorporated is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we conclude that Pacnet is apparently liable for a forfeiture in the amount of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Pacnet Incorporated is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice of
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- even if the cause of the violation was errors by its consultant. Accordingly, applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we conclude that Tocabi is apparently liable for a forfeiture in the amount of $4,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Tocabi America Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we conclude that Uniradio is apparently liable for a forfeiture in the amount of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Uniradio Corp. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice of
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- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that A Radio is apparently liable for a $15,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, A Radio Company, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violation of Sections 73.49, 73.1350(a), and 73.3526(e) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
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- station identification. In addition, we direct J.C. Penney to submit a sworn statement that it will not operate its private land mobile stations under the license for WPVX841 until such time that the issues regarding its license are resolved. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, J.C. Penney Company, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of Sections 1.903(a) and (b), 90.429(a) and (b), and 90.425(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty
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- reduction from the base forfeiture amount to $1,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that BCR is apparently liable for a nine thousand dollar ($9,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Birmingham Christian Radio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of nine thousand dollars ($9,000) for violations of Sections 11.35(a) and 73.3526(c) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Willis is apparently liable for a $6,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Willis Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for violations of Sections 73.1560(b) and 73.3526(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
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- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Willis is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Willis Broadcasting Corporation, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Sections 73.1560(a)(1) and 73.3526(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
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- apparently liable for a $10,000 forfeiture. Further, we admonish Nextel for failing to post the ASR number for antenna structure #1245078 in a conspicuous place near the base of the antenna, in violation of Section 17.4(g) of the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Nextel of California, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 17.23 of the Rules. IT IS FURTHER ORDERED that Nextel of California, Inc., IS ADMONISHED for failing to display the antenna structure registration number for antenna
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- offenses, ability to pay, and other such matters as justice may require.'' Applying the Forfeiture Policy Statement, Section 1.80 and the statutory factors, we conclude that the Petersons are apparently liable for a forfeiture in the amount of $8,000. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Richard A. & Joann R. Peterson, Joint Tenants, are hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Section 11.35 of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release
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- required to operate on the frequency stated in its authorization. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Red Diamond is apparently liable for a forfeiture of $4,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Red Diamond Construction Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 1.903(a) of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
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- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Trap Rock is apparently liable for a ($10,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Trap Rock Industries, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 17.50 of the Rules. IT IS FURTHER ORDERED that Trap Rock is hereby ADMONISHED for its violation of Section 17.4(g) of the Commission's Rules. IT IS
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- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that TC is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Tidewater Communications LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 17.51(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262765A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262765A1.pdf
- 47 U.S.C. 303(n) Both Section 303(n) of the Act, and the Rules which implement the Act, grant the right to inspect most radio operations to the Commission, and by delegated authority to the Commission's Bureaus and agents. The Enforcement Bureau conducts inspections of radio installations as part of the Bureau's function to "[e]nforce the Commission's Rules and Regulations." 47 CFR 0.111(a). Both licensees and non-licensees must allow an FCC Agent to inspect their radio equipment. Along with the privilege of possessing a license come responsibilities such as knowing the applicable rules, including allowing the station to be inspected. Licensees should be aware of the Commission's right to inspect. Equally important, FCC Agents are allowed to inspect the radio equipment of non-licensees.
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- as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Corry Communications Corporation is apparently liable for a forfeiture in the amount of $8,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Corry Communications Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 11.35 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262938A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262938A1.pdf
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Moises Cabrera and Juan Cabrera are apparently jointly liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Moises Cabrera and Juan Cabrera are hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262939A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262939A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that WSKQ and WPAT are apparently jointly liable for a ($8,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, WSKQ Licensing, Inc. and WPAT Licensing, Inc. are hereby NOTIFIED of their APPARENT JOINT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 11.35 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262940A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262940A1.pdf
- A mere proposal to paint the structure does not relieve TWC of liability. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that TWC is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Time Warner Cable, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Section 17.50 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262941A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262941A1.pdf
- and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we find that Craig is apparently liable for a forfeiture of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Joni K. Craig is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262942A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262942A1.pdf
- Seattle Office detailing, for each of the models imported and marketed by Clegg, how each model complies with the authorization and verification requirements of Section 2.803 of the Rules, and the labeling requirements of Section 15.19 of the Rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Clegg Industries, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for repeatedly violating Section 302(b) of the Act, and Section 2.803(a)(2) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262986A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262986A1.txt
- 2,932 420.76 147,781 0.013 204338 C R CITIZENS-FRONTIER-WV Citizens Communications Company 17,529,596 37,402 468.68 3,128,719 0.275 204339 C R CITIZENS-FRONTIER-WV Citizens Communications Company 40,840,371 94,050 434.24 5,564,433 0.490 205050 C N VERIZON W VA INC. Verizon Communications Inc. 265,182,780 821,887 322.65 0 0.000 TOTAL: WISCONSIN 844,268,953 3,225,630 261.74 32,469,659 2.859 330841 C R CENTURYTEL-MW-WI(CENCOM) CenturyTel, Inc. 11,839,481 28,826 410.72 1,264,788 0.111 330842 A R AMERY TELCOM, INC. Amery Telcom, Inc. 2,178,758 7,482 291.20 0 0.000 330843 A R AMHERST TEL CO 1,955,606 5,501 355.50 43,918 0.004 330844 C R BADGER TELECOM, INC. Telephone And Data Systems, Inc. 3,518,438 7,307 481.52 681,605 0.060 330846 A R BALDWIN TELECOM 1,450,805 4,959 292.56 0 0.000 330847 A R BELMONT TEL CO Lynch Interactive Corporation
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262986A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262986A5.txt
- 2,932 420.76 147,781 0.013 204338 C R CITIZENS-FRONTIER-WV Citizens Communications Company 17,529,596 37,402 468.68 3,128,719 0.275 204339 C R CITIZENS-FRONTIER-WV Citizens Communications Company 40,840,371 94,050 434.24 5,564,433 0.490 205050 C N VERIZON W VA INC. Verizon Communications Inc. 265,182,780 821,887 322.65 0 0.000 TOTAL: WISCONSIN 844,268,953 3,225,630 261.74 32,469,659 2.859 330841 C R CENTURYTEL-MW-WI(CENCOM) CenturyTel, Inc. 11,839,481 28,826 410.72 1,264,788 0.111 330842 A R AMERY TELCOM, INC. Amery Telcom, Inc. 2,178,758 7,482 291.20 0 0.000 330843 A R AMHERST TEL CO 1,955,606 5,501 355.50 43,918 0.004 330844 C R BADGER TELECOM, INC. Telephone And Data Systems, Inc. 3,518,438 7,307 481.52 681,605 0.060 330846 A R BALDWIN TELECOM 1,450,805 4,959 292.56 0 0.000 330847 A R BELMONT TEL CO Lynch Interactive Corporation
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263107A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263107A1.pdf
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Conneaut is apparently liable for a forfeiture of $3000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Conneaut Telephone Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263335A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263335A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Nextel is apparently liable for a $7,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Nextel Holdings 1, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 0.314(d) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263336A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263336A1.pdf
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that T-Mobile is apparently liable for a forfeiture in the amount of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, T-Mobile USA, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263337A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263337A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that CRC is apparently liable for a $13,000 forfeiture. ORDERING CLAUSES 18. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Communications Relay Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Section 303(q) of the Act, and Sections 17.23, 17.47, 17.48, 17.49 and 17.57 of the Rules. 19. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263483A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263483A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Fricke is apparently liable for a ($10,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Gene A. Fricke is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act by operating his Citizens Band radio station without Commission authorization. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263484A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263484A1.pdf
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.7 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Jean Harold Marius is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act by operating an unlicensed transmitter on 89.3 MHz. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) days
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263649A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263649A1.pdf
- been cleared for emergency communications, despite repeated warnings and requests to vacate the frequency. Considering the entire record and applying the factors listed above, we conclude that Gerritsen is apparently liable for a forfeiture in the amount of $21,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Jack Gerritsen is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for violations of Sections 321(b) and 333 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263650A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263650A1.pdf
- to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, an $8,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Cibao Express - Car & Limo Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263779A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263779A1.pdf
- to pay, and other such matters as justice may require.'' Applying the Forfeiture Policy Statement, Section 1.80 and the statutory factors, we conclude that the KPAL Television Inc., is apparently liable for a forfeiture in the amount of $8,000. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, KPAL Television Inc., is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Section 11.35(a) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263780A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263780A1.pdf
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that ESP Leasing Corporation is apparently liable for a forfeiture in the amount of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, ESP Leasing Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263781A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263781A1.pdf
- to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $13,000 forfeiture is warranted. ORDERING CLAUSE Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, El Dorado 900, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Section 303(q) of the Act, and Sections 17.23, 17.47, 17.48, and 17.57 of the Rules.18 IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules
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- we conclude that it is appropriate to adjust upward the base forfeiture amount of $21,000 and propose a forfeiture of $25,000 for Loves' apparent violations. Therefore, we find Loves apparently liable for a forfeiture in the amount of $25,000. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Love's Travel Stops and Country Store, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264149A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264149A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Renda is apparently liable for a $3,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Renda Broadcasting Corporation of Nevada is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violations of Section 17.4(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264150A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264150A1.pdf
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Brasfield & Gorrie is apparently liable for a five thousand dollar ($5,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Brasfield & Gorrie, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for violations of Sections 1.903(a) and 90.425(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264273A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264273A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Toussaint is apparently liable for a ($10,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Gary Toussaint is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Sections 301 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264407A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264407A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that AMFM Radio is apparently liable for a ($7,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, AMFM Radio Licenses, L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 73.49 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264408A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264408A1.pdf
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that 127, Inc. is apparently liable for a $21,000 forfeiture. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, 127, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty one thousand dollars ($21,000) for violations of Sections 73.1125(a), 73.1745 and 73.3526(a) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264409A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264409A1.pdf
- issues/programs lists. We therefore conclude a forfeiture amount of $4,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Cortaro is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Cortaro Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Commission's Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264507A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264507A1.pdf
- find that Vance offered for sale non-certified CB transceivers, in violation of Section 2.803(a)(1), and non-certified external RF power amplifiers, in violation of Section 2.815(c). We therefore conclude that that Vance is apparently liable for a $14,000 forfeiture. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Charles E. Vance III d/b/a/ CB Candy Electronics is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willfully and repeatedly violating Section 302(b) of the Act, and Section 2.803(a)(1) and 2.815(c) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to
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- require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Caballero is apparently liable for a $8,000 forfeiture for each of the three stations, for a total forfeiture of $24,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Caballero Television Texas, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-four thousand dollars ($24,000) for violations of Section 11.35 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264509A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264509A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that KCFG is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, KM Television of Flagstaff, L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 73.3526 of the Commission's Rules. IT IS FURTHER ORDERED, That pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264726A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264726A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Cumulus is apparently liable for a ($7,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Cumulus Licensing, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Section 73.1125(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264727A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264727A1.pdf
- of the required items, a downward adjustment to $4,000 per station is warranted. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Entravision is apparently liable for a $12,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Entravision Holdings, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Section 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264728A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264728A1.pdf
- and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we find that Scrugham is apparently liable for a forfeiture of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, William W. Scrugham is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264848A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264848A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Gambler's is apparently liable for a ($7,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Gambler's CB & Ham Radio Sales & Service is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264948A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264948A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Gambler's is apparently liable for a ($7,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Gambler's CB & Ham Radio Sales & Service is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265629A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265629A1.pdf
- and 2.815(c) of the Rules and offered for sale at its store in Richmond, KY non-certified CB transceivers in violation of Section 2.803(a)(1) of the Rules. We therefore conclude that Wes Noe apparently is liable for a $21,000 forfeiture. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Wesley Noe, d.b.a. GI Joe's Radio Electronics and GI Joe's CB Radio, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for violation of Section 302(b) of the Act and Sections 2.803(a)(1), Section 2.815(b), and 2.815(c) of the Rules. 16. IT IS FURTHER
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- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that New Life is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, New Life Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265643A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265643A1.pdf
- 47 U.S.C. 303(n) Both Section 303(n) of the Act, and the Rules which implement the Act, grant the right to inspect most radio operations to the Commission, and by delegated authority to the Commission's Bureaus and agents. The Enforcement Bureau conducts inspections of radio installations as part of the Bureau's function to "[e]nforce the Commission's Rules and Regulations." 47 CFR 0.111(a). Both licensees and non-licensees must allow an FCC Agent to inspect their radio equipment. Along with the privilege of possessing a license come responsibilities such as knowing the applicable rules, including allowing the station to be inspected. Licensees should be aware of the Commission's right to inspect. Equally important, FCC Agents are allowed to inspect the radio equipment of non-licensees.
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265669A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265669A1.pdf
- adjustment of the base forfeiture amount for this violation to $4,000 is warranted. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Barreto is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Dominga Barreto is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265670A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265670A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Hacienda is apparently liable for a $11,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Hacienda San Eladio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand dollars ($11,000) for violation of Sections 73.1350(a), and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265778A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265778A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Amaturo is apparently liable for a $7,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Amaturo Group of L.A., Ltd. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Section 73.1125(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265779A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265779A1.pdf
- is required to operate on the frequency stated in its authorization. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Macerich is apparently liable for a forfeiture of $4,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Macerich - Santa Monica Place is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 1.903(a) of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265890A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265890A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Midwest is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Midwest Radio Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Sections 73.1745(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266077A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266077A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mediacom is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Mediacom Communications Corporation, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 76.1700 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266078A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266078A1.pdf
- to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $10,000 forfeiture is warranted. ORDERING CLAUSE Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Entravision Communications Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Sections 17.23 and 17.50 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266088A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266088A1.pdf
- 47 U.S.C. 303(n) Both Section 303(n) of the Act, and the Rules which implement the Act, grant the right to inspect most radio operations to the Commission, and by delegated authority to the Commission's Bureaus and agents. The Enforcement Bureau conducts inspections of radio installations as part of the Bureau's function to "[e]nforce the Commission's Rules and Regulations." 47 CFR 0.111(a). Both licensees and non-licensees must allow an FCC Agent to inspect their radio equipment. Along with the privilege of possessing a license come responsibilities such as knowing the applicable rules, including allowing the station to be inspected. Licensees should be aware of the Commission's right to inspect. Equally important, FCC Agents are allowed to inspect the radio equipment of non-licensees.
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266228A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266228A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Cox is apparently liable for a $8,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Cox Communications is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Sections 76.605(a)(12) and 76.611 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266328A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266328A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Venters is apparently liable for a $10,000 forfeiture ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Adam Troy Venters is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266437A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266437A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Access.1 is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Access.1 New York License Company, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.3526(e)(12) of the Rules. IT IS FURTHER ORDERED that Access.1 New York License Company, LLC IS ADMONISHED for failure to ensure that all of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266561A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266561A1.pdf
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Frank R. Truatt is apparently liable for a $14,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Frank R. Truatt is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violations of Sections 11.35(a), 73.1590(a)(6), and 73.3526(e)(12) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266562A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266562A1.pdf
- to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $10,000 forfeiture is warranted. ORDERING CLAUSE Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, T-Mobile West Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Section 17.23 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266577A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266577A1.pdf
- 47 U.S.C. 303(n) Both Section 303(n) of the Act, and the Rules which implement the Act, grant the right to inspect most radio operations to the Commission, and by delegated authority to the Commission's Bureaus and agents. The Enforcement Bureau conducts inspections of radio installations as part of the Bureau's function to "[e]nforce the Commission's Rules and Regulations." 47 CFR 0.111(a). Both licensees and non-licensees must allow an FCC Agent to inspect their radio equipment. Along with the privilege of possessing a license come responsibilities such as knowing the applicable rules, including allowing the station to be inspected. Licensees should be aware of the Commission's right to inspect. Equally important, FCC Agents are allowed to inspect the radio equipment of non-licensees.
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266879A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266879A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Shawn Deroux is apparently liable for a $17,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Shawn Deroux is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violations of Sections 301 and 303(n) of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266880A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266880A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Broadcast House is apparently liable for a $8,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Broadcast House of the Pacific Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 11.35(a), of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266881A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266881A1.pdf
- programming. We therefore conclude a forfeiture amount of $8,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Una Vez is apparently liable for a $8,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Una Vez Mas Las Vegas License, LLC. is hereby NOTIFIED of this APPARENT LIABILITY FOR FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 73.3526 of the Commission's Rules. IT IS FURTHER ORDERED, that pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266882A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266882A1.pdf
- with the Commission's Rules, and the terms of their Commission authorizations. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Nextel is apparently liable for a forfeiture of $4,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Nextel License Holdings 4, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 1.903(a) of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267053A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267053A1.pdf
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Time Warner is apparently liable for an eight thousand dollar ($8,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Time Warner Entertainment Company LP is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 76.605(a)(12) of the Rules. IT IS FURTHER ORDERED that Time Warner Entertainment Company LP IS ADMONISHED for its violation of Section 76.1803 of the Rules.
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- required to operate on the frequency stated in its authorization. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Fed Ex is apparently liable for a forfeiture of $4,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Federal Express Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 1.903(a) of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267101A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267101A1.pdf
- lists. We therefore conclude a forfeiture amount of $4,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that KITZ Radio is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, KITZ Radio Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Commission's Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267214A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267214A1.pdf
- lists. We therefore conclude a forfeiture amount of $4,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that KITZ Radio is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, KITZ Radio Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Commission's Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267302A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267302A1.pdf
- $4,000 for the public inspection file violation is appropriate in this case. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Long Pond is apparently liable for a $14,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Long Pond Baptist Church is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violation of Sections 17.50, and 73.3527 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267303A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267303A1.pdf
- is warranted and, therefore, conclude a forfeiture amount of $4,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that CC Licenses is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, CC Licenses, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267304A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267304A1.pdf
- is warranted and, therefore, conclude a forfeiture amount of $4,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that CC Licenses is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, CC Licenses, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267570A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267570A1.pdf
- culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Guzman is apparently liable for a $10,000 forfeiture. ORDERING CLAUSE Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Raul Guzman Reyes, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this Notice of Apparent Liability
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267701A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267701A1.pdf
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that WADV Radio, Inc. is apparently liable for a four thousand dollar ($4,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, WADV Radio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,000 for violations of Section 73.1745(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of Apparent Liability
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267702A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267702A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Colon is apparently liable for a $10,000 forfeiture ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Carlos M. Colon is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267703A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267703A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Champion is apparently liable for an eight thousand dollar ($8,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Champion Broadband Colorado, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 76.605(a)(12) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267704A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267704A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that HTV is apparently liable for a $7,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, HTV/HTN/Hawaiian TV Network, Ltd. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Section 73.1125(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267705A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267705A1.pdf
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude Albino Ortega and Maria Juarez are apparently liable for a seven thousand dollar ($7,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Albino Ortega and Maria Juarez are hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267706A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267706A1.pdf
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude Sandhill is apparently liable for a seven thousand dollar ($7,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Sandhill is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of Apparent Liability
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268220A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268220A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Smallwood is apparently liable for a $18,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Ora Roberts Smallwood, III is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for violation of Sections 11.35 and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268237A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268237A1.pdf
- we conclude a reduction in the base forfeiture amount to $4,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Cumulus is apparently liable for a $7,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Cumulus Licensing, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Sections 73.1350(b)(2) and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268343A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268343A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Kacy Rankine is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Kacy Rankine is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268344A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268344A1.pdf
- we believe it appropriate to increase the forfeiture amount above the base forfeiture. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Carnival is apparently liable for a $20,000 forfeiture ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Carnival Cruise Lines is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268345A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268345A1.pdf
- believe it appropriate to increase the forfeiture amount above the base forfeiture. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Royal Caribbean is apparently liable for a $20,000 forfeiture ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Royal Caribbean Ltd is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268346A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268346A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Flagship is apparently liable for a $13,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Flagship Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violation of Sections 17.57 and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268420A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268420A1.pdf
- to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $10,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Elroy Simpson is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268421A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268421A1.pdf
- of approximately $10,000. Accordingly, we believe a downward adjustment to $4,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Unique is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Unique Broadcasting, L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268422A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268422A1.pdf
- of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we find that Kaltenbach is apparently liable for a $14,000 forfeiture. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Jason Kaltenbach d/b/a/ Metamerchant is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willfully and repeatedly violating Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268423A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268423A1.pdf
- history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we find that Eagle West is apparently liable for a forfeiture of $8,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Eagle West Communications, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
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- 11, 64, and 90'' is replaced by ``Parts 0, 4, 11, 22, 64, 90, and 97.'' In the Appendix, the first line, ``Parts 0, 4, 11, 64, and 90'' is replaced by ``Parts 0, 4, 11, 22, 64, 90, and 97.'' In the Appendix, paragraph 8, beginning of second line, delete ``(a)(22),''. In the Appendix, paragraph 8, referring to section 0.111(g), line three, replace ``Consumer Information Bureau'' with ``Consumer and Governmental Affairs Bureau.'' In the Appendix, paragraph 15, referring to section 0.191(a), lines 18 and 19, replace all commas after ``non-common carriers'' and through the end of line 19 with semicolons. In the Appendix, paragraph 15, referring to section 0.191(c), line two, ninth word, replace ``Chief'' with ``Chiefs.'' In the Appendix,
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that ABG is apparently liable for a $8,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, ABG Georgia Licenses, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268870A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268870A1.pdf
- history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that a $13,000 forfeiture is warranted. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Jamie Patrick Broadcasting, Ltd. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Sections 17.4(a), 17.50, and 17.51 of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268871A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268871A1.pdf
- history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Commission's Rules (``Rules'') Mega Communications of Alexandria Licensee, LLC is hereby NOTIFIED of this NOTICE OF APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willfull and repeated violation of Section 73.1745(a). IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268872A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268872A1.pdf
- find it appropriate to apply an upwards adjustment to the base forfeiture. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that A Radio is apparently liable for a $8,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, A Radio Company, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268885A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268885A1.pdf
- history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules (``Rules'') Anastos Media Group, Inc. is hereby NOTIFIED of this NOTICE OF APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willfull and repeated violation of Section 73.1560(a)(1). IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268886A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268886A1.pdf
- radio issues/programs lists. We therefore conclude a forfeiture amount of $4,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that MBR is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, MBR Licensee, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269018A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269018A1.pdf
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Duckworth is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Larry J. Duckworth is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269019A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269019A1.pdf
- adjustment to $4,000 for violation of Section 301 of the Act is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Ace is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Ace Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269020A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269020A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Metzger is apparently liable for a $7,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Ben Metzger dba 1 Stop Communications / 1 Stop CB Shop is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269169A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269169A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Family is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Family Car Service, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269170A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269170A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors, we conclude that Pinnacle owner of antenna structure number 1017802 is apparently liable for $3,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Pinnacle is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violations of Section 17.57 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of Apparent Liability
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269171A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269171A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Russell is apparently liable for a $8,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Jerry Russell dba The Russell Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35(a), of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269172A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269172A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Rama is apparently liable for a $15,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Rama Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Sections 11.35(a) and 73.49 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269173A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269173A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Gold Coast is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Gold Coast Radio, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.1560(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269174A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269174A1.pdf
- history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to this case, we conclude Multicultural is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Multicultural Radio Broadcasting, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Section 17.51 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269175A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269175A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Del Rosario Talpa is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Del Rosa Talpa, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.1350(a) of the Commission's Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269251A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269251A1.txt
- C R TWIN VALLEY TEL INC 2,271,884 2,259 1,005.70 1,057,677 0.094 411841 C R UNITED TEL ASSN 7,274,855 5,784 1,257.75 3,801,496 0.338 411842 C R UTC OF KANSAS United Telephone System Inc. 29,059,949 64,862 448.03 3,435,179 0.306 411845 C R WAMEGO TEL CO INC 2,968,288 5,636 526.67 613,948 0.055 411847 C R WHEAT STATE TEL, INC 2,630,683 2,538 1,036.52 1,246,972 0.111 411849 C R WILSON TEL CO INC 2,027,332 2,273 891.92 870,265 0.077 411852 C R ZENDA TEL COMPANY TelAtlantic Communications, Inc. 261,395 211 1,238.84 135,686 0.012 411957 C R UTC-MO DBA UTC-SE KS United Telephone System Inc. 1,924,736 5,572 345.43 0 0.000 412030 C R TOTAH COMMUNICATIONS 1,270,054 1,393 911.74 554,046 0.049 415214 C N SOUTHWESTERN BELL-KS Southwestern Bell 343,190,143
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- C R TWIN VALLEY TEL INC 2,271,884 2,259 1,005.70 1,057,677 0.094 411841 C R UNITED TEL ASSN 7,274,855 5,784 1,257.75 3,801,496 0.338 411842 C R UTC OF KANSAS United Telephone System Inc. 29,059,949 64,862 448.03 3,435,179 0.306 411845 C R WAMEGO TEL CO INC 2,968,288 5,636 526.67 613,948 0.055 411847 C R WHEAT STATE TEL, INC 2,630,683 2,538 1,036.52 1,246,972 0.111 411849 C R WILSON TEL CO INC 2,027,332 2,273 891.92 870,265 0.077 411852 C R ZENDA TEL COMPANY TelAtlantic Communications, Inc. 261,395 211 1,238.84 135,686 0.012 411957 C R UTC-MO DBA UTC-SE KS United Telephone System Inc. 1,924,736 5,572 345.43 0 0.000 412030 C R TOTAH COMMUNICATIONS 1,270,054 1,393 911.74 554,046 0.049 415214 C N SOUTHWESTERN BELL-KS Southwestern Bell 343,190,143
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- Ohio 99 2,139 0.046 Oklahoma 97 1,378 0.071 Oregon 22 977 0.022 Pennsylvania 35 1,893 0.019 Puerto Rico 0 3,859 0.000 Rhode Island 0 55 0.000 South Carolina 6 1,205 0.005 South Dakota 398 503 0.792 Tennessee 26 1,827 0.014 Texas 130 3,280 0.040 Utah 647 531 1.218 Vermont 1 448 0.003 Virgin Islands 114 109 1.043 Virginia 166 1,503 0.111 Washington 63 1,136 0.056 West Virginia 88 1,043 0.084 Wisconsin 916 1,757 0.521 Wyoming 130 354 0.368 Totals $24,605 58,795 $0.418 1 Source: USAC data. Rollups performed by the Industry Analysis and Technology Division, Wireline Competition Bureau, FCC. Note: Disbursements through June 30, 2006. Because of the appeals process, funding commitments and disbursements may be made after the program year
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- and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we find that Payne is apparently liable for a forfeiture of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Donald J. Payne is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269284A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269284A1.pdf
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Multicultural Radio is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Multicultural Radio Broadcasting Licensee, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Commission's Rules. IT IS FURTHER ORDERED, That pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269285A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269285A1.pdf
- ability to pay, and other such matters as justice may require.'' Applying the Forfeiture Policy Statement, Section 1.80 and the statutory factors, we conclude that One Mart Corporation is apparently liable for a forfeiture in the amount of $8,000. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, One Mart Corporation is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Section 11.35 of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269359A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269359A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Britcher is apparently liable for a $17,000 forfeiture ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Matthew H. Britcher is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violations of Sections 301 and 303(n) of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269360A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269360A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Duncan is apparently liable for a $10,000 forfeiture ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Jason L. Duncan is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269361A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269361A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Roberts is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Marcus A. Roberts is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269362A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269362A1.pdf
- we conclude a reduction in the base forfeiture amount to $4,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Cumulus is apparently liable for a $15,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Cumulus Licensing, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Sections 11.35(a), 73.1350(b)(2) and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269484A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269484A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that COMSOUTH is apparently liable for a $8,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, COMSOUTH TELESYS, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
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- the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Appling the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $19,000 forfeiture is warranted. ORDERING CLAUSES 29. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Pembrook Pines Elmira, LTD. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand dollars ($19,000) for violations of Sections 17.48(a), 17.51(a), and 73.1745(a) of the Rules. 30. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
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- the antenna structure remained extinguished. Roy is directed to file within thirty (30) days a report detailing the status of the antenna structure's lights and the timeframe for bringing the structure into full compliance with the applicable FAA requirements. ORDERING CLAUSE Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Steven A. Roy, Personal Representative for the Estate of Lyle Evans, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 303(q) of the Act, and Section 17.51 of the Rules.18 IT IS FURTHER ORDERED that, pursuant to Section 1.80 of
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- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that TPN is apparently liable for a seven thousand dollar ($7,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, The Paradise Network of North Carolina, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Sections 17.57 and 73.1745(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of
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- we believe it appropriate to increase the forfeiture amount above the base forfeiture. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Neptuno is apparently liable for a $20,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Neptuno Networks, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of Sections 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
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- justice may require. We conclude the base forfeiture amount of $8,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Hispanic is apparently liable for a $8,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Hispanic-Multicultural Broadcasting Association is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269876A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269876A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Parker is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Parker Construction, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270266A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270266A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mobile is apparently liable for a ($10, 000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Mobile Car Service Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of
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- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that New Relampago is apparently liable for a ($10, 000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, New Relampago Car Service Corp. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270268A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270268A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Community is apparently liable for a $11,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Community Broadcast Group, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand dollars ($11,000) for violation of Sections 73.1350(a) and 73.3526, of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that 3ABN is apparently liable for an $8,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Three Angels Broadcasting Network, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 11.35(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270446A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270446A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Fannin is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Fannin County Broadcasting is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270621A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270621A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Wilson is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Wilson Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270622A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270622A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Wilson is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Wilson Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270623A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270623A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Wilson is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Wilson Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270624A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270624A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Charles is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Junior Lahens Charles is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270625A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270625A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Pierre-Francois is apparently liable for a $10,000 forfeiture ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Jean-Harry Pierre-Francois is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of Apparent
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270626A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270626A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Hispanic is apparently liable for a $7,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Hispanic Bakersfield, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Section 73.1125(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270800A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270800A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Forever apparently is liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Forever of PA, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Sections 17.47, 17.48, and 17.51(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270801A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270801A1.pdf
- to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $8,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Mexicana Corp is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270802A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270802A1.pdf
- transmitter to the coordinates specified in the station authorization, or how it has amended its authorization to accurately reflect the location of the transmitter, or how it has a received a new STA for the transmitter's current location. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Larson-Wynn, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.1350(a) of the Commission's Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270803A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270803A1.pdf
- to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $10,000 forfeiture is warranted. ORDERING CLAUSE Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Comcast of Washington/Oregon is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Sections 17.23, 17.48 and 17.47(a) of the Commission's Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271061A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271061A1.pdf
- to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $4,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Discovery Transportation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 1.903(a) of the Rules. IT IS FURTHER ORDER that Discovery Transportation IS ADMONISHED for failure to transmit its call sign identification in violation of Section 90.425(a) of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271062A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271062A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that MRA is apparently liable for a ($4,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Mobile Relay Associates is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271063A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271063A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Cingular is apparently liable for a ten thousand dollar ($10,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, New Cingular Wireless Services, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act and Sections 17.23 and 17.50 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271064A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271064A1.pdf
- Perreira Broadcasting for failing to change KIGS's pattern pursuant to its license, violating Sections 73.1350(a) and 73.1745(a) of the Rules. We caution Perreira to ensure that KIGS is operating at all times utilizing the pattern authorized by its license. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Perreira Broadcasting is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Section 73.49 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271065A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271065A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that PSETV is apparently liable for a $7,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Puget Sound Educational TV, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Section 73.1125(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271598A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271598A1.pdf
- has remained unpainted. NBTY is directed to submit within ten (10) days a report regarding the status of the tower. If the tower still remains unpainted, NBTY is directed to report its exact time frame for painting the tower. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, NBTY, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand Dollars ($10,000) for violation of Section 303(q) of the Act, and Sections 17.21(a) and 17.23 of the Rules. IT IS FURTHER ORDERED that NBTY, Inc. is hereby ADMONISHED for its violation of Section 17.4(g)
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271599A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271599A1.pdf
- to increase the proposed forfeiture above the base amount. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that 127, Inc. is apparently liable for an eight thousand dollar ($8,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, 127, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 73.1745(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271610A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271610A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that HRN is apparently liable for a $14,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, HRN Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violations of Sections 73.1745(a) and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272108A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272108A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Siga Broadcasting is apparently liable for a $21,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Siga Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for violations of Sections 17.51(a), 73.49, and 73.1745 (a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272109A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272109A1.pdf
- The Commission has stated in the past that an antenna structure registrant is expected to correct errors when they are brought to the registrant's attention and that such correction is not grounds for a downward adjustment in the forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Hoak Media of Colorado, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violations of Section 17.57 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272110A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272110A1.pdf
- and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we find that CVC is apparently liable for a forfeiture of $8,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Chula Vista Cable, Ltd., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272111A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272111A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Phoenix 6 is apparently liable for a $7,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Phoenix 6 TV, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Section 73.1125(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272125A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272125A1.pdf
- to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $10,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Marcel Emile is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272194A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272194A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Pittman is apparently liable for a ($14,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Pittman Broadcasting Services, L.L.C., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violations of Sections 17.51(a) and 73.1745 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272195A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272195A1.pdf
- amount of $4,000 for maintaining an incomplete public inspection file is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Hoak Media is apparently liable for an $8,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Hoak Media of Colorado License, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Sections 11.35(a) and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272545A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272545A2.txt
- Other Kenya $17,228,172 14.0 0.130.517.3 38.1 $854,312 0.0 0.0 1.110.8 88.1 $411 0.0 0.0 0.0 0.7 99.3 87,265,397 13.7 0.125.922.2 38.1 Lesotho $329,400 4.8 0.036.3 0.0 59.0 $17,233 0.0 0.0 0.0 0.0100.0 $1 0.0 0.0 0.0 0.0100.0 1,899,700 6.8 0.020.8 0.0 72.4 Liberia $7,043,471 10.9 0.033.9 3.7 51.5 $21,542 0.0 0.0 0.0 0.0100.0 $65 0.0 0.0 0.086.2 13.8 34,079,082 12.6 0.111.9 5.5 69.9 Libya $4,288,001 9.5 0.016.6 9.9 63.9 $181,331 0.0 0.0 0.0 0.0100.0 $437 0.0 0.0 0.0 0.0100.0 31,936,047 8.9 0.010.013.2 67.9 Madagascar $516,228 26.1 0.025.220.7 28.0 $11,312 0.0 0.0 0.0 0.0100.0 $238 0.0 0.0 0.0 0.0100.0 3,066,928 24.2 0.0 6.535.4 33.9 Malawi $1,264,736 20.4 0.0 6.237.1 36.3 $27,225 0.0 0.0 0.021.4 78.6 $237 0.0 0.0 0.0 0.0100.0 22,410,470 25.3
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-273555A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-273555A1.pdf
- a forfeiture amount of $4,000 per station is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Lazer is apparently liable for a twelve thousand dollar ($12,000) forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Lazer Licenses, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR FORFEITURE in the amount of twelve thousand dollars ($12,000) for violation of Section 73.3526 of the Commission's Rules. IT IS FURTHER ORDERED, That pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-273578A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-273578A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Ramos is apparently liable for a $10,000 forfeiture IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Eliandro B. Ramos is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-273679A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-273679A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that L4Media is apparently liable for a $8,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, L4 Media Group, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-273680A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-273680A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Donald Winton is apparently liable for a $7,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Donald Winton is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Sections 95.426(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-273681A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-273681A1.pdf
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. de Almeida is apparently liable for a $10,000 forfeiture ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Adilson Alves de Almeida is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-273682A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-273682A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Konarz is apparently liable for a $7,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Jason Konarz is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Section 73.49 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-273683A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-273683A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that M.R.S. is apparently liable for a $7,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, M.R.S. Ventures, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Section 73.49 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-273802A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-273802A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Talknsports is apparently liable for a $5,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Talknsports, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for violation of Section 73.1740(a)(4) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-273803A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-273803A1.pdf
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Rama is apparently liable for a $20,000 forfeiture. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Rama Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of Sections 73.1125(a), 73.1350(b)(2), 73.3526 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-274210A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-274210A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Metro West is apparently liable for a four thousand ($4,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Metro West Ambulance is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-274289A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-274289A1.pdf
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Georgia Eagle is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Georgia Eagle Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-274290A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-274290A1.pdf
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Georgia Eagle is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Georgia Eagle Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-274291A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-274291A1.pdf
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Georgia Eagle is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Georgia Eagle Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-274320A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-274320A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Omnicom is apparently liable for a $5,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Omnicom Tower Limited is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for violations of Sections 17.47 and 17.57 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
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- Denver Office, we conclude a reduction in the base forfeiture amount is warranted. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Zia is apparently liable for a $6,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Zia Broadcasting Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for violations of Section 11.35(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-274348A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-274348A1.pdf
- of the required items, a downward adjustment to $4,000 per station is warranted. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that BEC is apparently liable for an $8,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Broadcast Entertainment Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-274349A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-274349A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Simon is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Dwayne Simon is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Lazer is apparently liable for a $5,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Alfred Plascencia is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for violations of Sections 17.47(a) and 17.57 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
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- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that NSTN is apparently liable for a four thousand dollar ($4,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, National Science Technology Network is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-275251A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-275251A1.pdf
- history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules (``Rules'') Capstar TX Limited Partnership is hereby NOTIFIED of this NOTICE OF APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willfull and repeated violation of Section 73.1745(a). IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-275252A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-275252A1.pdf
- forfeiture amount for this violation to $4,000 is warranted. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Radio Woodville is apparently liable for a $11,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Radio Woodville, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand dollars ($11,000) for violations of Sections 73.1125(a) and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
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- the base forfeiture amount for the public file violation to $4,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Davidson is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Davidson Media Station WACM License, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526(e)(12) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-275718A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-275718A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Craig Watkins is apparently liable for a $17,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Craig Watkins is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violations of Sections 301 and 303(n) of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this
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- base forfeiture amount for this violation to $4,000 is warranted. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Wise is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Wise Radio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-275768A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-275768A1.pdf
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude Radio Plus Inc. is apparently liable for a seven thousand dollar ($7,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Radio Plus Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
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- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Brahmin is apparently liable for a seven thousand dollar ($7,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Brahmin Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
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- The Commission has stated in the past that an antenna structure registrant is expected to correct errors when they are brought to the registrant's attention and that such correction is not grounds for a downward adjustment in the forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Maranatha Investment Partnership is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violations of Section 17.57 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-275912A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-275912A1.pdf
- to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $10,000 forfeiture is warranted. ORDERING CLAUSE Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Entravision Communications Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Section 17.23 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
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- and even after receiving an oral warning from an FCC agent that it no longer had authority to operate. We therefore conclude that the base forfeiture amount of $10,000 for violation of Section 301 of the Act is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Christian Family Network, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mondgock is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Ronald Mondgock is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
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- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Action Radio is apparently liable for an $8,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Action Radio, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 11.35(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-276378A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-276378A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that CB Shop is apparently liable for a $7,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, CB Shop & More, LLLP, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules,
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- base amount for the public inspection file violation to $4,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Blue Ridge is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Blue Ridge Cable Technologies, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 76.1701(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
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- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Southern New Mexico Radio Foundation is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Southern New Mexico Radio Foundation, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Sections 1.903(a), 1.947(a) and 74.532(e) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
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- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Bravo Mic is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Bravo Mic Communications, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Sections 1.903(a), 1.947(a) and 74.532(e) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-276992A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-276992A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Threshold is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Threshold Communications is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Sections 17.47(a), 17.48 and 17.51(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty
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- and applying the factors listed above, we conclude that Grinton is apparently liable for a forfeiture in the amount of $3,000 for his failure to provide station ID, and is apparently liable for a $4,000 forfeiture for unauthorized emissions. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, James J. Grinton is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Sections 97.113(b) and 97.119(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
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- of USF and, given the existence of disclaimed audit pinions, non-compliance may be more widespread than the results suggest. Under the IPIA, this component should be considered ``at risk.'' Appendix 1 Calculation of Erroneous Contribution Amount with 5.50% Erroneous Contribution Rate 2005 2005 2005 2005 Average Quarter 1 Quarter 2 Quarter 3 Quarter 4 for year Contribution Factor 1/ 0.107 0.111 0.102 0.102 0.105500 Circularity Factor 1/ 0.095929 0.103230 0.091379 0.095076 0.096404 USF Contribution Base Revenues $77.266 (Sum of audited totals from Line 423 d and 423 e) Revenue excluded either because of the $3.742 LIRE or international-only exemptions 2/ Revenue excluded from de minimis filers 2/ $0.054 Billable base $73.470 Net contribution base 3/ $66.388 Normalized contributions due for 2005
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- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Carlsbad Radio is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Carlsbad Radio, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Sections 1.903(a), 1.947(a) and 74.532(e) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that JMK is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, JMK Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.44(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277176A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277176A1.pdf
- to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $10,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Michael Stone Campbell a/k/a Monroe Campbell is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277580A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277580A1.pdf
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that New World is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, New World, L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277659A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277659A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Broadcasters is apparently liable for a $8,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, FM 92 Broadcasters, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277675A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277675A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Omni is apparently liable for a $8,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Omni Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277832A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277832A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Northland Cable is apparently liable for a ($10,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Northland Cable Ventures, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 76.1700(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277833A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277833A1.pdf
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. McCollum is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Michael Thomas McCollum is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277834A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277834A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that PRTC is apparently liable for a ($12,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Puerto Rico Telephone Company Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Sections 17.47(a)(1), 17.50, and 17.51(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277835A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277835A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Cumulus is apparently liable for a four thousand dollar ($4,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Cumulus Licensing, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Sections 1.903(a), 1.947 and 74.532(e) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277836A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277836A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Pace is apparently liable for a $7,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, David P. Pace Jr. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277837A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277837A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that AMERI-KING is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, AMERI-KING Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Communications Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277838A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277838A1.pdf
- of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Compatible apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Compatible Electronics Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Communications Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277839A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277839A1.pdf
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude Bennett Broadcasting is apparently liable for a fourteen thousand dollars ($14,000) forfeiture. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Christopher H. Bennett Broadcasting of Washington, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violation of Section 73.49 and Section 73.1125(a) of the Rules. 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277876A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277876A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Velazquez is apparently liable for a ($4,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Jose Velazquez is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277877A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277877A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Omni is apparently liable for a $8,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Omni Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277878A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277878A1.pdf
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Bazile is apparently liable for a $10,000 forfeiture ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Marckenson Bazile is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of Apparent
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277879A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277879A1.pdf
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that the Campos' are apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Martha and Miguel Campos are hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278098A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278098A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Metro is apparently liable for a $13,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Metro Radio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Sections 17.51(a) and 17.57 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278099A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278099A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Nicolas Paula is apparently liable for a $17,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Nicolas Paula is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violations of Sections 301 and 303(n) of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278100A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278100A1.pdf
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Star Power is apparently liable for a $19,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Star Power Communications Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand dollars ($19,000) for violations of Sections 11.35(a), 73.3526 and 73.49 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278101A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278101A1.pdf
- other such matters as justice may require.8 Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Telecom is apparently liable for a twelve thousand dollar ($12,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Telecom Network, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Sections 17.4(g), 17.50, and 17.51(a) of the Rules.9 IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278243A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278243A1.pdf
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Broadcasters, Inc. is apparently liable for a ($18,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, West Helena Broadcasters, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for violations of Sections 11.35 and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278244A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278244A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that IBC is apparently liable for a ($13,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, International Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Sections 17.50 and 17.57 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278367A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278367A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Claro is apparently liable for a ($11,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Claro Communications, LTD. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand dollars ($11,000) for violations of Sections 73.1125(a) and 73.1745(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278642A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278642A1.pdf
- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we conclude that a $10,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, John Doe is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278643A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278643A1.pdf
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that First Baptist is apparently liable for a $15,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, First Baptist Church, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violation of Sections 11.35 and 73.1125(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278796A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278796A1.pdf
- The Commission has stated in the past that an antenna structure registrant is expected to correct errors when they are brought to the registrant's attention and that such correction is not grounds for a downward adjustment in the forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Western Slope Communications, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Section 303(q) of the Act, and Sections 17.47(a), 17.48, 17.51(a), and 17.57 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278960A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278960A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude CC Licenses is apparently liable for a seven thousand dollar ($7,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, CC Licenses, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278961A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278961A1.pdf
- to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $10,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Steven A. Skalecki is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278962A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278962A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that VOX is apparently liable for a $8,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Vox Communications Group LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 11.35(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278963A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278963A1.pdf
- that serves the Northampton, Pennsylvania area. We admonish RCN for failing to maintain for its system serving Northampton, Pennsylvania, a complete and accurate Must Carry List in its public inspection file on January 4, 2007 and July 25, 2007. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, RCN Telecom Services is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 76.1701(a) of the Rules. IT IS FURTHER ORDERED that RCN is hereby ADMONISHED for its violation of Section 76.1709(a) of the Commission's Rules. IT IS FURTHER ORDERED
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279188A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279188A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Viva apparently is liable for a $16,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Viva Communications Group, LLC. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for violations of Sections 11.35(a), 73.1745(a), 73.1560(a), and 73.3526(e)(12) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279189A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279189A1.pdf
- the Rules, operating its station at an unauthorized location with an unauthorized antenna height in violation of Section 73.1350(a) of the Rules, and failing to maintain a public inspection file in violation of Section 73.3527(a) of the Rules. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, .314 and 1.80 of the Commission's Rules, Minority Business & Housing Development, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of Sections 73.1350(a), 1.1310 and 73.3527(a) of the Rules. IT IS FURTHER ORDERED that Minority Business & Housing Development, Inc. IS ADMONISHED for its violations of
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that BCBA is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Boulder Community Broadcast Association, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 73.1745(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release
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- as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, because Susainathan apparently operated three stations from unauthorized locations, we conclude that Susainathan is apparently liable for a $12,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Richard R. Susainathan is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Sections 1.903(a) and 1.947(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
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- at night, we believe both violations are part of the same action. Consequently, applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Tabback is apparently liable for a $7,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Tabback Radio Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Section 73.1745(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
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- CO, INC 447,512 686 652.35 129,183 0.012 371567 C R KEYSTONE-ARTHUR TEL 746,293 568 1,313.90 388,782 0.035 371568 C N WINDSTREAM NE Windstream Corporation 60,258,346 251,566 239.53 0 0.000 371574 C R NEBRASKA CENTRAL TEL 3,807,753 8,135 468.07 435,986 0.039 371576 C R NORTHEAST NEBRASKA 4,424,064 7,216 613.09 1,146,390 0.102 371577 C R GREAT PLAINS COMMUN 13,601,906 30,330 448.46 1,238,899 0.111 371581 A R PIERCE TEL CO 833,964 1,805 462.03 89,650 0.008 371582 C R PLAINVIEW TEL CO 503,231 1,069 470.75 59,154 0.005 371586 C R ROCK COUNTY TEL CO Huntel Systems 577,793 974 593.22 140,222 0.013 371590 A R SODTOWN TEL CO 74,569 96 776.76 27,036 0.002 371591 C R SE NEBRASKA TEL CO 2,447,750 3,905 626.82 660,591 0.059 371592
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- CO, INC 447,512 686 652.35 129,183 0.012 371567 C R KEYSTONE-ARTHUR TEL 746,293 568 1,313.90 388,782 0.035 371568 C N WINDSTREAM NE Windstream Corporation 60,258,346 251,566 239.53 0 0.000 371574 C R NEBRASKA CENTRAL TEL 3,807,753 8,135 468.07 435,986 0.039 371576 C R NORTHEAST NEBRASKA 4,424,064 7,216 613.09 1,146,390 0.102 371577 C R GREAT PLAINS COMMUN 13,601,906 30,330 448.46 1,238,899 0.111 371581 A R PIERCE TEL CO 833,964 1,805 462.03 89,650 0.008 371582 C R PLAINVIEW TEL CO 503,231 1,069 470.75 59,154 0.005 371586 C R ROCK COUNTY TEL CO Huntel Systems 577,793 974 593.22 140,222 0.013 371590 A R SODTOWN TEL CO 74,569 96 776.76 27,036 0.002 371591 C R SE NEBRASKA TEL CO 2,447,750 3,905 626.82 660,591 0.059 371592
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- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Gaye is apparently liable for a $10,000 forfeiture ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Henry Gaye is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of Apparent
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- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Maignan is apparently liable for a $10,000 forfeiture ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Roubens Maignan is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of Apparent
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- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Tuff-Star-Jam is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Tuff-Star-Jam Communication, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
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- did not take any steps to maintain computer printouts or written logs for required weekly and monthly EAS tests. Based on the evidence before us, we admonish Hensley Broadcasting for violating Section 11.61(b) by failing to maintain EAS logs. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Hensley Broadcasting is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Sections 73.3526(e)(12) of the Rules. IT IS FURTHER ORDERED that Hensley Broadcasting IS ADMONISHED for its violation of Section 11.61(b) of the Rules. IT IS FURTHER ORDERED that, pursuant
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- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Trevor W. Whitely is apparently liable for a ($10,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Trevor W. Whitely is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that WGBB is apparently liable for a $6,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, WGBB-AM, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for violations of Sections 17.48(a) and 17.57 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of
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- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that New Inspiration is apparently liable for a $10,000 forfeiture. ORDERING CLAUSE Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, New Inspiration Broadcasting Co., Inc is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Sections 17.47(a), 17.48 and 17.51(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules
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- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Rackley is apparently liable for a ($8,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Frank Rackley, JR. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Sections 73.1350(a) and 73.1745(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Clemons is apparently liable for a $17,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Charles Clemons is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violations of Sections 301 and 303(n) of the Communications Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
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- to a United States government communications system is particularly egregious. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Barbosa is apparently liable for a $20,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Joaquim Barbosa is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Action is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Action Communications, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly failing to respond in writing to Commission correspondence. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Communications Act of 1934, as amended, Action Communications,
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- forfeiture amount of $4,000 is appropriate for this offense. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Glass is apparently liable for a ($16,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Michael H. Glass is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for violations of Sections 11.35 and 73.1745(a) of the Rules, and Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty
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- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors, we conclude that Holmes, owner of antenna structure number # 1017802, is apparently liable for $3,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Holmes Farm, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violations of Section 17.57 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
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- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Traffic Controll is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Traffic Controll Products of Florida Inc is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 90.403 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date
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- of the Rules (CB Rule 10). Use of a transmitter which has carrier or peak envelope power in excess of that authorized will void Barber's authority to operate the station. It can also result in additional sanctions and forfeitures. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Jeremy William Barber is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Section 303(n) of the Act and Section 95.426(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Kersnowski is apparently liable for a $7,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Michael T. Kersnowski is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Sections 302(b) of the Act and Section 2.803(a)(1) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of
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- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Ross is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Richard Ross, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Colomex is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Colomex, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Sections 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
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- the release of this NAL how it achieved compliance with Section 1.903(a) of the Rules for station KSZ63. Radio One's report must be submitted in the form of an affidavit signed by an officer or director of Radio One. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Radio One Licenses, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Sections 1.903(a), 1.947(a) and 74.532(e) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Clouden is apparently liable for a ($10,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Richard Clouden is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
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- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Frank Rodriguez is apparently liable for a ($10,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Frank Rodriguez is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
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- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Owner is apparently liable for a $12,000 forfeiture. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, David Ryder, Receiver is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Sections 17.4(g) and 17.50 of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
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- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that ASA is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, ASA Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.1745(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
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- believe an upwards adjustment of the proposed forfeiture is appropriate. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Halifax is apparently liable for a $24,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Halifax Christian Community Church, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty four thousand dollars ($24,000) for violations of Sections 73.845 of the Rules and Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within
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- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Phillips is apparently liable for a $8,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Phillips Broadcasting, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281513A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281513A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that KLIP is apparently liable for an $8,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, KLIP, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 76.605(a)(12) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282164A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282164A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Jean Idalbert is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Jean Idalbert is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282165A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282165A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that D-Mitch is apparently liable for a $12,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, D-Mitch Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Sections 11.35(a) and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282166A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282166A1.pdf
- culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors, we conclude that a $18,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, John Doe is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for violation of Sections 301 and 325 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282177A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282177A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Perihelion is apparently liable for a ($15,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Perihelion Global, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Sections 73.49, 73.1125(a) and 73.1201(a)(2) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282249A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282249A1.pdf
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Union Pacific is apparently liable for a ($10,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Union Pacific Railroad Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 17.21(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282593A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282593A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Friendship is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Friendship Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.3527 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282594A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282594A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Princess K Fishing Corporation is apparently liable for an $8,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Princess K Fishing Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 80.89(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282595A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282595A1.pdf
- radio issues/programs lists. We therefore conclude a forfeiture amount of $4,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that MBR is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, MBR Licensee, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282596A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282596A1.pdf
- officer or director of Orvac, attesting to the truth and accuracy of the response. Any false statement made knowingly and willfully in reply to this inquiry is punishable by fine or imprisonment under Title 18 of the U.S. Code. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Orvac Electronics, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282770A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282770A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Real Life is apparently liable for a $23,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Real Life Broadcasting is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty three thousand dollars ($23,000) for violations of Sections 73.1745(a), 11.35(a), 73.49 and 73.3526(e)(12) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282771A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282771A1.pdf
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Bear Creek is apparently liable for a ($10,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Bear Creek Mountain Resort is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283149A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283149A1.pdf
- apparent willful and repeated operation of an unlicensed radio station is particularly egregious. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Louis is apparently liable for a ($10,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Yvon Louis is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283150A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283150A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Kissi is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Alexander Kissi is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283151A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283151A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Chladek is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, .314 and 1.80 of the Commission's Rules, James J. Chladek is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526(e)(12) the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283152A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283152A1.pdf
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Aulabaugh is apparently liable for a $8,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Mark V. Aulabaugh is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283153A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283153A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Visionary is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Visionary Related Entertainment, L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 1.1310 of the Rules. 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283650A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283650A1.pdf
- the base amount for the public inspection file violation to $4,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Adams is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Adams CATV Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Sections 76.1701(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283651A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283651A1.pdf
- base amount for the public inspection file violation to $4,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Atlantic Broadband is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Atlantic Broadband LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Sections 76.1701(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-284298A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-284298A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Telava is apparently liable for a $13,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Telava Wireless, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen dollars ($13,000) for violations of Sections 17.51(a) and 17.57 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-284299A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-284299A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Greeley Broadcasting is apparently liable for a $7,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Greeley Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-284300A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-284300A1.pdf
- to the instant case, we conclude that Starfish's operation is not analogous to a "pirate" station operator, and, consequently, we downwardly adjust the proposed forfeiture amount to $5,000. We conclude that Starfish is apparently liable for a $5,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, The Starfish Television Network, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for violations of Sections 301 of the Act and 25.102(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-284301A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-284301A1.pdf
- radio issues/programs lists. We therefore conclude a forfeiture amount of $4,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Creative is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Creative Broadcasting Services, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Rules.11 IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-284302A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-284302A1.pdf
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Albino Ortega and Maria Juarez are apparently liable for a $7,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Albino Ortega and Maria Juarez are hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Section 73.49 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-284303A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-284303A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Playa is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Playa del Sol Broadcasters is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 74.1236(c) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-284321A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-284321A2.txt
- 0.0 2.6 0.0 3.9 93.4 $45,822 0.0 0.0 0.0 0.0100.0 29,567,171 0.043.5 0.814.4 41.2 Togo $2,162,427 0.115.7 5.4 2.2 76.6 $419,239 0.0 0.0 0.0 0.0100.0 $4,457 0.0 0.0 0.0 0.0100.0 21,808,403 0.1 3.8 6.4 2.1 87.7 Tunisia $18,911,511 0.059.7 1.410.2 28.7 $472,505 0.0 7.5 0.0 0.0 92.5 $4,954 0.0 0.0 0.0 0.0100.0 94,789,114 0.048.7 1.716.2 33.4 Uganda $5,967,727 0.7 7.6 0.111.6 79.9 $196,100 0.0 0.0 0.0 1.8 98.2 $214,849 0.0 0.0 0.0 0.0100.0 60,032,865 0.4 4.5 0.112.6 82.3 Western Sahara $0 $0 $0 0 Zaire $8,381,230 0.010.2 0.3 0.0 89.6 $397,179 0.0 1.6 0.0 0.0 98.4 $2,602,044 0.0 0.0 0.0 0.0100.0 30,638,670 0.012.0 0.3 0.0 87.7 Zambia $4,861,900 0.014.2 2.146.6 37.1 $137,258 0.0 0.0 0.0 0.3 99.7 $313,945 0.0 0.0 0.0
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-284454A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-284454A1.pdf
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that PTDC is apparently liable for a fifteen thousand dollar ($15,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Pentecostal Temple Development Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Sections Section 73.1745(a), 1.903(a), and 73.3526(e)(12) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-284455A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-284455A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Rama is apparently liable for a $16,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Rama Communications, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for violations of Sections 11.35(a) and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-285863A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-285863A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that BK is apparently liable for a $2,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, BK Towers, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violation of Section 17.47(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-285864A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-285864A1.pdf
- culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors, we conclude that a $4,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Sims Metal East, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Sections 1.903(a) and 1.903(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286287A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286287A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Jacksonville is apparently liable for a $2,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Jacksonville MSA Limited Partnership is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violation of Section 17.47(a)(1) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286431A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286431A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Rama is apparently liable for a $25,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Rama Communications, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty five thousand dollars ($25,000) for violations of Sections 17.50, 73.49, 73.1745(a) and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286481A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286481A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Qualicom is apparently liable for a $5,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Qualicom Systems, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for violations of Sections 17.4(g) and 17.48(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286526A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286526A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that OMI is apparently liable for a $2,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Ozark Media, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violation of Section 17.47(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286788A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286788A1.pdf
- culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors, we conclude that a $23,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Black Crow Radio LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-three thousand dollars ($23,000) for violation of Sections 11.35(a), 73.44(b), 73.49 and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the
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- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that PBS is apparently liable for a $13,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Perry Broadcasting Systems is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Sections 17.51(a) and 17.57 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
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- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Millworks is apparently liable for a $3,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Southern Classic Millworks, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violations of Section 17.4(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
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- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Taylor is apparently liable for a $13,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Taylor Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Sections 17.48(a) and 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287327A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287327A1.pdf
- the release of this Order how it achieved compliance with Section 1.903(a) of the Rules for station WHB734. Mt. Rushmore's report must be submitted in the form of an affidavit signed by an officer or director of Mt. Rushmore. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Mt. Rushmore Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of 11.35(a), 73.3526, 1.903(a), 1.947(a), and 74.532(e). IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287688A1.pdf
- 1,391 470.22 56,623 0.005 341024 A Y HAMILTON COUNTY TEL 1,531,909 2,227 687.88 440,521 0.040 341025 C Y SHAWNEE TEL. CO. 2,967,655 4,529 655.26 785,075 0.072 341026 C Y HARRISONVILLE TEL CO 11,250,670 19,856 566.61 2,121,744 0.194 341029 A Y HENRY COUNTY TEL CO 691,716 1,475 468.96 58,834 0.005 341032 C Y HOME TEL CO-ST JACOB 2,057,555 1,031 1,995.69 1,215,205 0.111 341036 C N VERIZON N-IL(CONTEL) Verizon Communications Inc. 28,509,839 109,604 260.12 0 0.000 341037 C Y IL CONSOLIDATED TEL Consolidated Communications, Inc. 30,455,094 68,614 443.86 1,617,409 0.148 341038 C Y FRONTIER OF ILLINOIS Citizens Communications Company 1,025,580 4,643 220.89 0 0.000 341041 A Y KINSMAN MUTUAL TEL 75,887 93 815.99 27,332 0.002 341043 C Y LA HARPE TEL CO 1,174,195
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- 1,391 470.22 56,623 0.005 341024 A Y HAMILTON COUNTY TEL 1,531,909 2,227 687.88 440,521 0.040 341025 C Y SHAWNEE TEL. CO. 2,967,655 4,529 655.26 785,075 0.072 341026 C Y HARRISONVILLE TEL CO 11,250,670 19,856 566.61 2,121,744 0.194 341029 A Y HENRY COUNTY TEL CO 691,716 1,475 468.96 58,834 0.005 341032 C Y HOME TEL CO-ST JACOB 2,057,555 1,031 1,995.69 1,215,205 0.111 341036 C N VERIZON N-IL(CONTEL) Verizon Communications Inc. 28,509,839 109,604 260.12 0 0.000 341037 C Y IL CONSOLIDATED TEL Consolidated Communications, Inc. 30,455,094 68,614 443.86 1,617,409 0.148 341038 C Y FRONTIER OF ILLINOIS Citizens Communications Company 1,025,580 4,643 220.89 0 0.000 341041 A Y KINSMAN MUTUAL TEL 75,887 93 815.99 27,332 0.002 341043 C Y LA HARPE TEL CO 1,174,195
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- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Bethune-Cookman is apparently liable for a $18,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Bethune-Cookman College, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for violations of Section 301 of the Communications Act of 1934, as amended and Section 11.35(a) of the Commission's Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
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- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that ERF Wireless is apparently liable for a $13,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, ERF Wireless, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Sections 17.51(b) and 17.57 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
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- Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, including a reduction of the $10,000 base forfeiture for Baybridge's history of compliance, we conclude that Baybridge is apparently liable for an $8,000 forfeiture. ORDERING CLAUSE Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Baybridge Communications, L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 303(q) of the Act, and Sections 17.47(a), 17.48 and 17.51(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty
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- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that SDACH is apparently liable for a $19,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, .314 and 1.80 of the Commission's Rules, Seventh-Day Adventist Community Health Serv. of Greater NY is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand dollars ($19,000) for violations of Sections 1.903(a), 1.903(b), and 11.35(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Hodson is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Hodson Broadcasting is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 73.1620 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that MRBI is apparently liable for a $3,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Multicultural Radio Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violations of Section 17.57 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
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- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Eight Friends is apparently liable for a ($10,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Eight Friends Limo Service Inc is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-290812A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-290812A1.pdf
- forfeiture. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Lazer is apparently liable for a $3,000 forfeiture for each of the antenna structures, for a total forfeiture of $6000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Lazer Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for violations of Section 17.57 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-290813A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-290813A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Bondy is apparently liable for a $24,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Kevin W. Bondy is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-four thousand dollars ($24,000) for violations of Sections 301, 303(n), and 333 of the Communications Act of 1934, as amended, and Sections 95.115 and 95.183(a)(5) of the Rules. IT IS FURTHER ORDERED that, pursuant to
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- offenses, ability to pay, and other such matters as justice may require.9 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Severino is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Radhames Severino is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act.10 IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
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- prior offenses, ability to pay, and other such matters as justice may require.'' Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Sparta is apparently liable for a $11,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Sparta-Tomah Broadcasting Co. Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand dollars ($11,000) for violation of Sections 73.1745(a) and 73.1125(a) of the Commission's Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release
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- such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that R-S Broadcasting is apparently liable for a ten thousand dollar ($10,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, R-S Broadcasting Company, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 73.3526(e)(12) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-291391A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-291391A2.txt
- Supply, Inc. 2,614 16,028 1,493 0.000 Telecal Telecommunications, Inc 7,837,325 9,359,628 7,088,702 0.102 Telecom Argentina USA, Inc. 34,775,902 214,423,704 3,196,717 0.046 Telecom Italia Sparkle of North America, Inc. 188,621,003 774,795,492 40,552,174 0.583 Telefonica Larga Distancia, Inc. (TLD) 1,108,165 3,557,682 459,885 0.007 Telegration, Inc. 501,686 1,851,291 242,335 0.003 Telekenex, Inc. 84,569 493,018 137,306 0.002 Telekom Malaysia (USA), Inc. 31,535,361 93,188,336 7,749,135 0.111 Telenational Communications, Inc. 33,603,704 43,943,198 1,597,227 0.023 Telepak Networks, Inc. 6,223 41,911 3,183 0.000 Telesphere Networks, Ltd. 136,064 517,041 64,888 0.001 Telmex Telmex USA, L.L.C. 9,866,339 343,840,063 48,342,997 0.695 Telovations, Inc. 2,130 21,272 5,318 0.000 Telscape Communications, Inc. 6,866,786 77,187,162 11,688,431 0.168 Templeton Telephone Company 43 158 22 0.000 - Pure Resale Services Page 17 - Table D: 2007 Annual
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- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Jackson is apparently liable for a $15,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Jackson Radio, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Sections 11.35 and 73.49 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
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- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Davis is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Anthony F. Davis is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
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- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Frank is apparently liable for a ($10,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Raymond Frank is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of Apparent
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- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Grover is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Frankie Grover is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-293167A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-293167A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that WSKQ is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, WSKQ Licensing, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-293168A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-293168A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that WPAT is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, WPAT Licensing, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-293305A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-293305A1.pdf
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Foundation, Inc. is apparently liable for a $12,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, The King's Musician Educational Foundation, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Sections 17.4(g) 17.51(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-293306A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-293306A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Burken is apparently liable for a $3,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Burken Broadcasting, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violation of Section 17.57 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-293307A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-293307A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Roberts is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Daniel K. Roberts a/k/a ``Monkey Man'' a/k/a ``Monkey'' is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Communications Act of 1934, as amended. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-293418A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-293418A1.pdf
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that LSM Radio is apparently liable for a $15,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, LSM Radio Partners, L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Sections 11.35(a) and 73.1125(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-293619A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-293619A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Verizon is apparently liable for a $13,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Verizon Wireless (VAW) LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Sections 17.4(a) and 17.21(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-293822A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-293822A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Hawaiian Telcom is apparently liable for a $10,000 forfeiture. ORDERING CLAUSE Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Hawaiian Telcom, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Sections 17.6(a), 17.47(a), 17.48 and 17.51(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within
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- who lacks prior authority, we downwardly adjust the proposed forfeiture amount to $5,000. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Tropicana is apparently liable for a $5,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Tropicana Products Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-293824A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-293824A1.pdf
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Shimmick-Obayashi is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Shimmick Construction Company, Inc./Obayashi Corporation, Joint Venture is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-294206A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-294206A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Univision is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Univision Radio License Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-294207A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-294207A1.pdf
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude Paisa is apparently liable for a ($4,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Paisa 2 Car and Limousine Service., Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Sections 1.903(a) and 1.903(b) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-294208A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-294208A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that ECPI is apparently liable for a $13,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Electronic Corporate Pages, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Sections 17.51(b) and 17.57 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-294712A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-294712A1.pdf
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Jerry and Deborah Stevens are apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Jerry and Deborah Stevens are hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-294713A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-294713A1.pdf
- is apparently liable for a $10,000 forfeiture. Ayustar is also hereby warned that operation of U-NII equipment in any way that is inconsistent with the equipment's certification renders such operation unlicensed and could subject Ayustar to additional enforcement action. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Ayustar Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Sections 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295044A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295044A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Marconi is apparently liable for a ($2,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Marconi Broadcasting Company LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violation of Section 17.47(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295384A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295384A1.pdf
- to the instant case, we conclude that Wal-Mart's operation is not analogous to a ``pirate'' station operator, and, consequently, we downwardly adjust the proposed forfeiture amount to $5,000. We conclude that Wal-Mart is apparently liable for a $5,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Wal-Mart Supercenter Store #3351, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295385A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295385A1.pdf
- operator, and, consequently, we downwardly adjust the proposed forfeiture amount to $5,000. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Costco is apparently liable for a $5,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Costco Wholesale Corporation/Costco #737 is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295386A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295386A1.pdf
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that HTM is apparently liable for a forfeiture in the amount of $10,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Hispanic Target Media, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Sections 73.3526(a), (b) and (c) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295453A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295453A1.pdf
- the statutory factors to the instant case, we conclude that the structure is partially in compliance by having some form of red obstruction lighting at its top and, therefore, we find Waldec is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Waldec Enterprises, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 17.23 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
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- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Ronal Reid is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Ronald Reid is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295589A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295589A1.pdf
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Luna Park is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Luna Park Housing Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295590A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295590A1.pdf
- as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mark Nierman and Kakadu are apparently jointly and severally liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Mark Nierman and Kakadu Productions, Inc. are hereby NOTIFIED of their APPARENT JOINT AND SEVERAL LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of
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- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we conclude that a $17,000 forfeiture is warranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Jairo Diaz is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violation of Sections 301 and 303(n)of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295820A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295820A1.pdf
- such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Stone/Collins is apparently liable for a seventeen thousand dollar ($17,000) forfeiture. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Stone/Collins Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violations of Sections 73.49 and 73.3526 of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295821A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295821A1.pdf
- such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Rodgson is apparently liable for a twenty-five thousand dollar ($25,000) forfeiture. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Rodgson, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of Sections 11.35, 73.49, and 73.3526 of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295903A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295903A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Magloire is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Marcelus Magloire is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295904A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295904A1.pdf
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Marixsa Rolon is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Marixsa Rolon is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296089A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296089A1.pdf
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Ross is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Richard Ross, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296090A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296090A1.pdf
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Big Fish is apparently liable for a $20,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Big Fish Broadcasting LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of Sections 17.51(a) and 17.48 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296091A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296091A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Cerritos Ford is apparently liable for a forfeiture of $4,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Cerritos Ford is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 1.903(a) of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296092A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296092A1.pdf
- 1.80, and the statutory factors to the instant case, we conclude that Foursquare Gospel is apparently liable for a $10,000 forfeiture. In addition, we direct Foursquare Gospel to update its antenna structure registration with a valid telephone contact number. ORDERING CLAUSE Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, International Church of the Foursquare Gospel DBA Radio Station KFSG FM is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Sections 17.6(a), 17.47(a), 17.48, and 17.51(a) of the Rules. IT IS FURTHER ORDERED that, pursuant
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- Section 1.80, and the statutory factors to the instant case, we conclude that Gila is apparently liable for a $4,000 forfeiture for its operation at an unauthorized location and its improper provision of a private carrier service to KUKY(FM). ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Gila Electronics Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296217A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296217A1.pdf
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that KFW is apparently liable for a $20,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, KFW Communications LLC dba Almega Cable, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of Sections 11.35(a), 17.4(g), 17.48, and 17.51(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty
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- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that KFW is apparently liable for an $18,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, KFW Communications LLC dba Almega Cable, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for violations of Sections 11.35(a), 17.48, and 17.51(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days
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- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Caron is apparently liable for an $8,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Caron Broadcasting Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Sections 73.1745(a) and 73.3526 of the Rules. IT IS FURTHER ORDERED that Caron Broadcasting, Inc. IS ADMONISHED for its violation of Section 73.1870(c)(3) of the Rules. IT IS
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- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that PRTC is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Puerto Rico Telephone Company Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Sections 17.48 and 17.51(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
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- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Multicultural is apparently liable for a $8,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Multicultural Radio Broadcasting Licensee, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 73.3526 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
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- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Clarion is apparently liable for a $4,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Clarion is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.1745(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of Apparent
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- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Senat is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Balthazard Senat is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
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- require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Delroy Johnson, Paul Parara, and Richard Parara apparently are jointly and severally liable for a $10,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Delroy Johnson, Paul Parara, and Richard Parara are hereby NOTIFIED of their APPARENT JOINT AND SEVERAL LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days
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- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Dexter Blake is apparently liable for a ($10,000) forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Dexter Blake is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
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- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Big Fish is apparently liable for a $20,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Big Fish Broadcasting LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of Sections 17.51(a) and 17.48 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
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- 0 0.000 351126 A R CENTURYTEL-CHESTER CenturyTel, Inc. dba CenturyLink 136,742 159 860.01 37,147 0.004 351127 C R FRONTIER IOWA Frontier Communications Corporation 7,907,710 41,325 191.35 0 0.000 351129 C R CITIZENS MUTUAL TEL 3,369,803 3,495 964.18 1,089,590 0.114 351130 C R CLARENCE TEL CO 795,107 645 1,232.72 330,989 0.035 351132 C R CLEAR LAKE INDEPEND 4,217,997 5,117 824.31 1,058,474 0.111 351133 A R C-M-L TEL COOP ASSN 608,386 753 807.95 146,522 0.015 351134 C R COLO TEL CO 1,083,815 617 1,756.59 559,042 0.058 351136 A R COON CREEK TEL CO 346,923 546 635.39 38,427 0.004 351137 A R COON VALLEY COOP TEL 426,362 558 764.09 90,223 0.009 351139 A R COOPERATIVE TEL CO 1,013,529 1,385 731.79 190,388 0.020 351141 A
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- 0 0.000 351126 A R CENTURYTEL-CHESTER CenturyTel, Inc. dba CenturyLink 136,742 159 860.01 37,147 0.004 351127 C R FRONTIER IOWA Frontier Communications Corporation 7,907,710 41,325 191.35 0 0.000 351129 C R CITIZENS MUTUAL TEL 3,369,803 3,495 964.18 1,089,590 0.114 351130 C R CLARENCE TEL CO 795,107 645 1,232.72 330,989 0.035 351132 C R CLEAR LAKE INDEPEND 4,217,997 5,117 824.31 1,058,474 0.111 351133 A R C-M-L TEL COOP ASSN 608,386 753 807.95 146,522 0.015 351134 C R COLO TEL CO 1,083,815 617 1,756.59 559,042 0.058 351136 A R COON CREEK TEL CO 346,923 546 635.39 38,427 0.004 351137 A R COON VALLEY COOP TEL 426,362 558 764.09 90,223 0.009 351139 A R COOPERATIVE TEL CO 1,013,529 1,385 731.79 190,388 0.020 351141 A
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- and we see no reason to await issuance of the guidelines before imposing the forfeiture order in this case. In the absence of any substantive response to our NAL, we impose a forfeiture for the full amount originally proposed. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, Citicasters Co. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-three thousand dollars ($23,000) for willfully and repeatedly violating 18 U.S.C. § 1464. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's rules within 30 days of the release of this Forfeiture
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- GRANTED and the amendment IS ACCEPTED; and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary Pursuant to a recent amendment of the Commission's rules, the newly created Enforcement Bureau now serves as trial staff in hearing matters. See Establishment of the Enforcement Bureau and the Consumer Information Bureau, 14 FCC Rcd 17924 (1999); 47 C.F.R. § 0.111(b). It replaces the Mass Media Bureau as a party to this proceeding. Ramirez was granted an extension of time to respond to the Joint Request. See Order, 15 FCC Rcd 7547 (OGC 2000). Shurberg's 1983 application initially was not accepted for filing pursuant to the Commission's policy of not accepting competing applications for stations in hearing status. The Mass Media
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- identify facts or circumstances to persuade us that there is any basis for reconsidering the LDDI NAL. Further, LDDI has not shown any mitigating circumstances sufficient to warrant a reduction of the $2,000,000 forfeiture penalty for which it is liable. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80(f)(4), that LDDI SHALL FORFEIT to the United States Government the sum of two million dollars ($2,000,000) for violating sections 201(b) and 258 of the Act, 47 U.S.C. §§ 201(b), 258, as well as the Commission's rules and orders. IT IS FURTHER ORDERED that a copy of
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- traffic transferred to switch-based resellers. Rather, with respect to the latter traffic, the Defendants must provide Verizon information that enables it to identify resellers responsible for compensation. 21. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and 276, and sections 0.111, 0.311, 1.722, 64.1300, and 64.1310 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.722, 64.1300, and 64.1310, that Verizon and the Defendants must file a joint statement consistent with this Order within thirty (30) days after the Order is released. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary The original named complainants in these actions were Bell Atlantic-Delaware, Inc.; Bell
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- Liberty submitted an amendment to its long-form application on November 10, 1999. Two of the unsuccessful bidders, Orion and Willsyr, filed oppositions to Liberty's November 10, 1999 amendment of its long-form application. Following the resumption of the adjudicatory proceeding on November 23, 1999, Orion, Willsyr and BFBFM also filed motions to enlarge the issues against Liberty. 7. Pursuant to Section 0.111(b) of the rules, 47 C.F.R. § 0.111(b), the Enforcement Bureau serves as the Commission's trial staff in this adjudicatory proceeding. The Assistant General Counsel, Administrative Law Division, has afforded the Enforcement Bureau an opportunity to file comments on the above-described pleadings. The Bureau recommends that the issues be decided in Liberty's favor, and that the various motions to enlarge issues
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- 25050 ļ 1 n. 1. In keeping with the designations used below and in our Decision, this opinion refers to the applicant as Liberty. The newly created Enforcement Bureau now serves as trial staff with regard to matters designated for hearing. See Establishment of the Enforcement Bureau and the Consumer Information Bureau, 14 FCC Rcd 17924 (1999); 47 C.F.R. § 0.111(b). It replaces the Wireless Telecommunications Bureau as a party to this proceeding. On July 24, 2001, Liberty filed a Motion for Leave to File Supplemental Authority, which seeks to supplement the record to include the recent Court of Appeals decision in United States v. Microsoft Corp., Nos. 00-5212 and 00-5213 (D.C. Cir. June 28, 2001) (per curiam). Liberty asserts that
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- the Act by failing to allow conversion of special access circuits to EELs or by prohibiting the transport of tariffed and UNE traffic over shared DS3 circuits. ORDERING CLAUSE ACCORDINGLY, IT IS ORDERED, pursuant to Sections 4(i), 4(j), 201, 208, and 251 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 201, 208, 251 and Sections 0.111 and 0.311 of the Commissions Rules, 47 C.F.R. §§ 0.111 and 0.311 that the formal complaint of Net2000 Communications Services, Inc. against Verizon - Washington, D.C., Inc., Verizon - Maryland, Inc. and Verizon - Virginia, Inc. IS DENIED. IT IS FURTHER ORDERED that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary 47 U.S.C. § 208. Net2000 Communications
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- Bureau; Reorganization of the International Bureau and Other Organizational Changes, FCC 02-10, Order, released March 14, 2002. 47 C.F.R. §§ 1.720-1.736. The Consumer and Governmental Affairs Bureau retains authority to consider informal consumer complaints regarding Part 68 terminal equipment, as well as informal consumer complaints regarding hearing aid compatibility and volume control rules in Part 68. See 47 C.F.R. § 0.111 Note to Paragraph (a)(1). See 47 C.F.R. § 68.414. 5 U.S.C. § 553(b)(3)(A). See 5 U.S.C. § 553(d). (...continued from previous page) (continued....) Federal Communications Commission FCC 02-104 Federal Communications Commission FCC 02-104 y z G K M y ;
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- navigational devices; (6) The accessibility of video programming to persons with disabilities; (7) program access and carriage; (8) The Satellite Home Viewer Improvement Act; and (9) Post-licensing for satellite consumer broadcast services (DBS, DTH and DARS). NOTE TO PARAGRAPH (f): The Media Bureau's enforcement authority does not include enforcement in those areas assigned to the Enforcement Bureau. See 47 C.F.R. §0.111. (g) Conduct rulemaking and policy proceedings regarding pole attachments. (h) Process and act on all applications for authorization, petitions for special relief, petitions to deny, waiver requests, requests for certification, objections, complaints, and requests for declaratory rulings and stays regarding the areas listed above. (i) Assist the Consumer and Governmental Affairs Bureau on issues involving informal consumer complaints and other
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- Broadcasting Corp., Licensee of Radio Station WMTS Murfreesboro, Tennessee, Memorandum Opinion and Order, 79 FCC 2d 169, 171, ļ 5 (1980). The Commission has delegated to the Enforcement Bureau broad authority to serve as ``the primary Commission entity responsible for enforcement of the Communications Act and other communications statutes, the Commission's rules, Commission orders and Commission authorizations.'' 47 C.F.R. §§ 0.111(a), 0.311. This delegated authority expressly includes the authority to ``[i]ssue or draft orders taking or recommending appropriate action in response to complaints or investigations,'' and to ``issue . . . appropriate interlocutory orders and take appropriate action in the exercise of its responsibilities.'' 47 C.F.R. § 0.111(a)(14). Where this Forfeiture Order speaks to Commission authority, therefore, it also applies to
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- find that the staff's denial of the subsequently filed Motion for Late-Filed Discovery was reasonable. ORDERING CLAUSES Accordingly, for the reasons stated above, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 207, and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 207, 208, and the authority delegated or otherwise established in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the formal complaint filed by San Diego Telephone Company, Inc., San Diego Telecom, Inc., Charles D. Hughen, and Ed Poe IS DENIED. IT IS FURTHER ORDERED that the Application for Review and Motion for Stay filed by the Complainants on July 9, 2001 ARE DENIED. IT IS FURTHER
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- each call, WorldCom must provide the name of a contact person at the SBR, a telephone number for that person, and the SBR's last known address. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and 276, and sections 0.111, 0.311, 64.1300, and 64.1310 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 64.1300, and 64.1310, that the Joint Request filed on January 7, 2002 is granted, consistent with this Order. IT IS FURTHER ORDERED that this proceeding is terminated. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Joint Request, File No. E-98-49 (filed Jan. 7, 2002) (``Joint Request''). The original
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- (or presiding officer if one has been designated) shall, at the earliest practicable date, issue an order as to each reciting the events or circumstances constituting a waiver of hearing, terminating the hearing, and certifying RMI's case to the Commission. See Section 1.92(a)-(c) of the Commission's rules, 47 C.F.R. § 1.92(a)-(c). 19. IT IS FURTHER ORDERED THAT, pursuant to Section 0.111(b) of the Commission's rules, 47 C.F.R. § 0.111(b), the Enforcement Bureau shall serve as trial staff in this proceeding. 20. IT IS FURTHER ORDERED THAT, pursuant to Section 312(d) of the Act, 47 U.S.C. § 312(d), and Section 1.91(d) of the Commission's rules, 47 C.F.R. § 1.91(d), the burden of proceeding with the introduction of evidence and the burden of
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- Administrative Law Judge (or presiding officer if one has been designated) shall, at the earliest practicable date, issue an order reciting the events or circumstances constituting a waiver of hearing, terminating the hearing, and certifying the case to the Commission. See section 1.92(c) of the Commission's rules, 47 C.F.R. § 1.92(c). 8. IT IS FURTHER ORDERED THAT, pursuant to section 0.111(b) of the Commission's rules, 47 C.F.R. § 0.111(b), the Enforcement Bureau shall serve as trial staff in this proceeding. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 312(d) of the Act, 47 U.S.C. § 312(d), and section 1.91(d) of the Commission's rules, 47 C.F.R. § 1.91(d), the burden of proceeding with the introduction of evidence and the burden of
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- Section 54.721 is amended by revising the last sentence of paragraph (a) to read as follows: § 54.721 General filing requirements. (a) *** The request for review shall be captioned ``In the matter of Request for Review by (name of party seeking review) of Decision of Universal Service Administrator'' and shall reference the applicable docket numbers. ****** 13. In § 0.111(a), redesignate paragraphs 14 through 22 as paragraphs 15 through 23 and add new paragraph 14 to read as follows: ***** (14) Resolve universal service suspension and debarment proceedings pursuant to § 54.521. ***** 14. Add §54.521 under the undesignated center heading ``Prohibition on Participation: Suspension and Debarment'' to read as follows: § 54.521 Prohibition on Participation: Suspension and Debarment (a)
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- In February 2000, WTB again informed Western that if the situation was not resolved, it ``may be subject to enforcement action by the Commission.'' Because the Commission has historically focused its environmental enforcement efforts on the kind of informal resolution attempted by WTB in this case, WTB and other licensing Bureaus have primary responsibility for environmental enforcement. 47 C.F.R. § 0.111(a)(11) Note. The rules also provide for referral of such matters from the licensing bureaus to EB upon mutual agreement of the Bureaus. Id., § 0.111(a)(14). We take this opportunity to state our strong support for an enforcement-oriented approach in the protection of the environment. We direct referrals to EB of violations by licensees or tower owners where appropriate and continued
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- Secretary Attachment A Parts 0 and 11 of Title 47 of the Code of Federal Regulations are amended as follows: PART 0 - COMMISSION ORGANIZATION Section 0.11 is amended by adding new paragraph (a)(11) to read as follows: Office of Managing Director § 0.11 Functions of the Office. (11) Develop and maintain the Commission's Continuity of Operations Plan (COOP). Sections 0.111(a)(21) and 0.111(c) are amended to read as follows: Enforcement Bureau § 0.111 Functions of the Bureau. (a) Serve as the primary Commission entity responsible for enforcement of the Communications Act and other communications statutes, the Commission's rules, Commission orders and Commission authorizations, other than matters that are addressed in the context of a pending application for a license or other
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- plans to ensure that the fences surrounding the area are shut and that the gates are locked. The statements must be filed either with their responses to this NAL, or separately if they do not respond (e.g., if they pay the proposed forfeitures). IV. Ordering Clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80 of the Rules, AMFM Radio Licenses, L.L.C., licensee of station KBIG-FM IS hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 1.1310 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, and 1.80
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- unreasonable practice under section 224 of the Act. Georgia Power is directed to provide reasonable billing back-up information in the future consistent with the findings in this Order. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 224, and sections 0.111, 0.311, and 1.1410 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.1410, that the Complaint filed by Knology, Inc. on November 1, 2001, IS GRANTED IN PART, to the extent indicated herein, and otherwise IS DENIED. IT IS FURTHER ORDERED that Georgia Power Company SHALL REFUND to Knology, Inc, within thirty (30) days of the release of this Order
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- we find that this is such a violation. B. Future Cases We do not address Infinity's arguments regarding the constitutionality of revocation or imposition of separate forfeitures for multiple violations because we do not impose those sanctions in this case. IV. CONCLUSION AND ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. § 503(b), and 47 C.F.R. §§ 0.111, 0.311 and 1.80, Infinity Broadcasting Operations, Inc. FORFEIT to the United States the sum of twenty-seven thousand five-hundred dollars ($27,500) for willfully and repeatedly violating 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. Payment of the forfeiture may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture
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- statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that A-O willfully and repeatedly violated Sections 1.1310, 11.35, 73.1125, and 73.1400 of the Rules and that the appropriate forfeiture amount is $25,000. IV. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, A-O IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for failing to comply with radio frequency radiation maximum permissible exposure limits applicable to transmitters on towers, failing to have EAS equipment installed and operating, failing to maintain a main studio and failing to have adequate transmission system control,
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- the initiation of a revocation proceeding. Moreover, other broadcasters are on notice that the Commission will not hesitate to adopt strong enforcement actions in the future, including the potential initiation of revocation proceedings. See, e.g., 47 U.S.C. § 312(a). IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Infinity Broadcasting Operations Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty-seven thousand five hundred dollars ($27,500) for willfully violating 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty
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- the forfeiture. We also instruct the Enforcement Bureau to do a follow-up investigation to determine whether Ms. Salazar has come into compliance and, if she has not, to take or recommend further enforcement action as appropriate, including the possibility of initiating a license revocation proceeding. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Ms. Salazar IS LIABLE FOR A MONETARY FORFEITURE in the amount of $39,000 for willfully and repeatedly violating Sections 301 and 303(q) of the Act and Sections 73.1350(a) and 17.51 of the Rules and for willfully violating Sections 11.35(a), 73.1125(a), and 73.3526 of the Rules. 4. Payment of the forfeiture shall be made in
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- 0.204 0.020 0.001 10.830 Greenville 99.829 0.171 99.810 0.190 99.812 0.188 0.019 0.002 11.040 Charlotte 99.868 0.132 99.852 0.148 99.855 0.145 0.017 0.003 12.614 Phoenix 99.874 0.126 99.858 0.142 99.861 0.139 0.016 0.003 12.560 Seattle 99.869 0.131 99.855 0.145 99.856 0.144 0.014 0.001 11.069 Sacramento 99.863 0.138 99.848 0.152 99.849 0.151 0.014 0.001 10.473 Portland 99.899 0.101 99.888 0.112 99.889 0.111 0.011 0.001 11.100 San Francisco 99.882 0.118 99.871 0.129 99.870 0.130 0.011 (0.001) 9.500 San Diego 99.936 0.064 99.928 0.072 99.930 0.070 0.008 0.002 13.208 Los Angeles 99.959 0.041 99.953 0.047 99.955 0.045 0.006 0.002 13.902 Denver 99.970 0.030 99.966 0.034 99.967 0.033 0.004 0.001 14.527 Baton Rouge 99.752 0.248 99.726 0.274 99.727 0.273 0.025 0.001 10.260 New Orleans 99.740
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- J Communications waives its right to a hearing, the Chief Administrative Law Judge (or the presiding officer if one has been designated) SHALL, at the earliest practicable date, ISSUE an order reciting the events or circumstances constituting a waiver of hearing, terminating the hearing proceeding, and certifying the case to the Commission. IT IS FURTHER ORDERED that, pursuant to Section 0.111(b) of the Rules, the Enforcement Bureau shall serve as trial staff in this proceeding. IT IS FURTHER ORDERED that, the burden of proceeding with the introduction of evidence and the burden of proof with respect to the issues specified above shall be on the Enforcement Bureau. IT IS FURTHER ORDERED that a copy of this Order to Show Cause shall
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- for the PLB-200. The Commission expects that corrective action will be implemented to bring past violations into compliance. However, such corrective action does not nullify or mitigate ACR's past marketing violations, and thus does not warrant any reduction in the proposed forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, ACR Electronics, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seventy five thousand dollars ($75,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of
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- as in conjunction with the Policy Statement. As a result of our review, we conclude that Radio One, Infinity, and Telemundo, willfully and repeatedly violated Section 1.1310 of the Rules and the appropriate forfeiture amount is ten thousand dollars ($10,000) for each. IV. ORDERING CLAUSES Accordingly, IT IS FURTHER ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, and 1.80 of the Rules, Radio One Licenses, LLC, licensee of FM station KKBT IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 1.1310 of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80 of the Rules,
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- the future in accordance with the requirements of its licenses and the Commission's Rules." Heart of the Black Hills Stations, 32 F.C.C.2d at 200. See also Center for Study and Application of Black Economic Development, 6 FCC Rcd 4622 (1991), Calvary Educational Broadcasting Network, Inc., 7 FCC Rcd 4037 (1992). See 47 U.S.C. § 309(k). 44 See 47 C.F.R. §§ 0.111, 0.311 and 1.80. 47 C.F.R. § 1.80(f)(3). 46 See 47 C.F.R. § 1.1914. Federal Communications Commission__________ _ FCC 04-94 Federal Communications Commission FCC 04-94 Í Î : ? C Y Ę Í Î Ī Ķ Ũ hÍ hÍ hÍ hÍ hÍ hÍ h[ t Í
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- authorize the Commission to ``issue such orders ... as may be necessary in the execution of its functions'' and to ``conduct its proceedings in such manner as will best conduce to the proper dispatch of business and to the ends of justice.'' Further, the Commission has specific authority under sections 1 and 409(e) of the Act, as well as section 0.111 of the Commission's rules, to require by subpoena the attendance and testimony of witnesses and the production of ``all books, papers, schedules of charges, contracts, agreements, and documents relating to any matter under investigation.'' Hence, the Bureau was within its authority in requiring LocateCell to provide information and documents relevant to the Commission's CPNI investigation. Moreover, we note that parties
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- is warranted under Section 312 of the Act to determine whether CRS and Timothy M. Doty's licenses should be revoked because they lack the requisite character to be or remain Commission licensees. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 312(a) and (c) of the Communications Act of 1934, as amended, and authority delegated pursuant to Sections 0.111, 0.311, and 1.91(a) of the Commission's rules, CRS and Timothy M. Doty are hereby ORDERED TO SHOW CAUSE why their respective captioned authorizations SHOULD NOT BE REVOKED. CRS, by an officer representative, and Mr. Doty shall appear before an administrative law judge at a time and place to be specified in a subsequent order and provide evidence upon the following
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- currently importing and marketing in the United States, and if not, providing its plans for full compliance. Behringer's failure to submit the affidavit, or failure to comply with the applicable equipment requirements, may subject the company to further appropriate enforcement action. IV. Ordering CLauses Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Behringer USA, Inc., IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of one million dollars ($1,000,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release
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- See ARRL Comments at 21; 47 C.F.R. § 95.315(a). 47 C.F.R. Part 2, Subpart J. See Albert J. Schramm Comments at 1. See Timothy J. Peters Comments at 1. See, e.g., Steve Sims Comments at 1; Chuck Adkins Comments at 1; Neil J. Nitzberg Comments at 1. See, e.g., ACOM International, Inc. Approval FCC ID: OITAA2000. See 47 C.F.R. § 0.111(a)(4). See, e.g., Hightech CB Shop, Forfeiture Order; File No. EB-05-TP-066, 20 FCC Rcd 12514 (EB 2005); Eugene Dezanett d.b.a. Pro Class Electronics, Citation, File No. EB-05-NY-045 (EB rel. Mar. 8, 2005); Russell A. Sims, Jr., Notice of Apparent Liability for Forfeiture, File No. EB-04-TP-499 (EB rel. July 25, 2005); Chad Jolley, Citation, File No. EB-05-AT-023 (EB rel. Oct. 14, 2005).
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- See ARRL Comments at 21; 47 C.F.R. § 95.315(a). 47 C.F.R. Part 2, Subpart J. See Albert J. Schramm Comments at 1. See Timothy J. Peters Comments at 1. See, e.g., Steve Sims Comments at 1; Chuck Adkins Comments at 1; Neil J. Nitzberg Comments at 1. See, e.g., ACOM International, Inc. Approval FCC ID: OITAA2000. See 47 C.F.R. § 0.111(a)(4). See, e.g., Hightech CB Shop, Forfeiture Order; File No. EB-05-TP-066, 20 FCC Rcd 12514 (EB 2005); Eugene Dezanett d.b.a. Pro Class Electronics, Citation, File No. EB-05-NY-045 (EB rel. Mar. 8, 2005); Russell A. Sims, Jr., Notice of Apparent Liability for Forfeiture, File No. EB-04-TP-499 (EB rel. July 25, 2005); Chad Jolley, Citation, File No. EB-05-AT-023 (EB rel. Oct. 14, 2005).
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- September 27, 1999 (FCC Form 323); Letter from Roberto Davila Rodriguez, President, RAAD Broadcasting Corp., to Federal Communications Commission (Sept. 27, 2001)(Certification of No Change in Ownership). See Application for Review at 14. Id. at 13. S. Rep. No. 580, 95th Cong. 1st Sess. 3 (1978), reprinted in 1978 U.S.C.C.A.N. 109, 111. See A-O Broadcasting at 762. 47 C.F.R. §§ 0.111, 0.311, and 1.80(f)(4). 47 U.S.C. § 504(a). 47 C.F.R. § 1.1914. (...continued from previous page) (continued....) Federal Communications Commission FCC 06-151 Federal Communications Commission FCC 06-151 @ū˙ ! ! x ¤ Ĩ Ļ (c) " Ŧ @! E E h hŦ hŦ hŦ hŦ gdŦ . h h5g h5g @ū˙ gdN
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- 214, 239-42 (1978); North v. Walsh, 881 F.2d 1088, 1097 (D.C. Cir. 1989); and Alyeska Pipeline Co. v. United States EPA, 856 F.2d 309, 312-13 (D.C. Cir. 1988). AFR at 1. RMR refers to a prior investigation involving its marketing of the Spirit II radar jammer device. See Rocky Mountain Radar I, supra. AFR at 1. See 47 C.F.R. § 0.111(a)(4) (EB is ``the primary Commission entity responsible for enforcement of the Communications Act . . . [and] the Commission's rules,'' including ``resolv[ing] complaints regarding . . . radiofrequency equipment and devices . . .''); see also 47 U.S.C. § 147(j) (``The Commission may conduct its proceedings in such manner as will best conduce to the proper dispatch of business and
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- letter of inquiry -- warrants a downward adjustment of the proposed aggregate forfeiture amount. It is a well established and long-standing principle that ignorance of the law is not a mitigating factor and does not warrant a downward adjustment of an assessed forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, San Jose Navigation, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seventy five thousand dollars ($75,000) for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803(a) and 15.205 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within
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- Security Bureau on all matters affecting public safety, homeland security, national security, emergency management, disaster management, and related issues. Section 0.91 is amended by adding the paragraph 0.91(o) to read as follows: (o) Coordinate with the Public Safety and Homeland Security Bureau on all matters affecting public safety, homeland security, national security, emergency management, disaster management, and related issues. Section 0.111 is amended by removing paragraphs (c), (f) and (h) and by redesignating paragraphs (a)(22), (d), (e), (g), and (i)-(l) as (c)-(i) and by revising paragraph (a)(22) to read as follows: § 0.111 Functions of the Bureau * * * * * (a)(22) Advise the Commission or responsible Bureau or Office regarding the enforcement implications of existing and proposed rules. *
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- similar consideration, we believe a $36,000 forfeiture is appropriate for Sinclair's violations. This represents the base amount for the single broadcast of the ABF program over each of the nine above-captioned Sinclair stations on September 11 or 12, 2004. Ordering clauses ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Sonshine is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Forty Thousand Dollars ($40,000) for willfully and repeatedly violating Section 317(a)(1) of the Act and Section 73.1212(a) of the Commission's rules. IT IS FURTHER ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and
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- be assessed or should be reduced. The NAL was sent by certified mail to LocateCell's last known address. LocateCell has not filed a response to the NAL nor has LocateCell paid the proposed forfeiture amount. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 180(f)(4) of the Rules, LocateCell IS LIABLE FOR A MONETARY FORFEITURE in the amount of ninety-seven thousand five hundred dollars ($97,5000) for willfully and repeatedly violating Section 503 of the Act and Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the forfeiture is not paid within the period specified, the
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- for each of the nine models of devices, for an aggregate proposed forfeiture of $63,000. Consistent with precedent, we have considered the statutory factors set forth above and conclude that no adjustment of the proposed forfeiture from the aggregate base amount is warranted. IV. Ordering CLauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Austin Hughes Solutions, Inc., IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of sixty-three thousand dollars ($63,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a)(2) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) days of
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- HSB2 amplifiers that Hawking imported and sold and the fact that the violations continued over a 12-month period. Accordingly, applying the Forfeiture Policy Statement and statutory factors to the instant case, we conclude that Hawking is apparently liable for a $50,000 forfeiture. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Hawking Technologies, Inc., IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifty thousand dollars ($50,000) for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803(a) and 15.204(d) of the Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days
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- with and disregard for these rules, meriting a larger forfeiture amount based on the company's culpability. Accordingly, we propose an aggregate forfeiture of $150,000 for Ramko's apparent willful and repeated violation of Section 302(b) of the Act and Section 2.803 of the Rules. IV. Ordering CLauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Ramko Distributors, Inc., IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of one hundred fifty thousand dollars ($150,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) days
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- the licenses. Such conduct is unfair to other applicants and clearly undermines the integrity and success of the Commission's auctions. Prohibiting such communications between applicants during the proscribed auction period protects a valid governmental interest without infringing unduly on the First Amendment rights of auction participants. The Enforcement Bureau Has Jurisdiction To Enforce The Anti-Collusion Rules Northeast argues that section 0.111 of the Commission's rules denies the Enforcement Bureau jurisdiction to render a forfeiture order against it because this matter is related ``to a pending application for a license.'' Section 0.111(a) of the Commission's rules conveys to the Enforcement Bureau the primary responsibility for enforcement functions related to certain Commission rules and regulations. Contrary to Northeast's implication, by enforcing the anti-collusion
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- for Gulf Power recovering marginal or incremental (fully allocated) costs is triggered by default. IT IS FURTHER ORDERED that Gulf Power Company is not entitled to receive any compensation above marginal or incremental (fully allocated) costs for any of Complainants' cable attachments to Gulf Power Company's poles. FEDERAL COMMNICATIONS COMMISSION Richard L. Sippel Chief Administrative Law Judge See 47 C.F.R §0.111(a)(12) (Enforcement Bureau may resolve complaints regarding pole attachments); and §0.111(a)(14) (Enforcement Bureau may issue --- designation orders). The Cable Formula is the Commission's methodology to calculate maximum pole attachment rates. 47 C.F.R. §11409(e)(i). See Amendment of Rules and Policies Governing Pole Attachments, Report and Order, 15 FCC Rcd 6453, 6457, ļ 5 (2000), review denied sub nom., Southern Co. Serv.,
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- ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. § 1.106, that the Petition for Reconsideration filed June 9, 2008, by Christian Voice of Central Ohio, Inc. IS DENIED, that the Enforcement Bureau's May 9, 2008, decision IS AFFIRMED. 12. IT IS FURTHER ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, that Christian Voice of Central Ohio, Inc., licensee of then-noncommercial educational Station WCVZ(FM), South Zanesville, Ohio, FORFEIT to the United States the sum of Nine Thousand Dollars ($9,000) within 20 days from the release date of this Memorandum Opinion and Order for willfully and repeatedly broadcasting advertisements in violation of Section 399B of
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- Commission's rules. We have reviewed our records and note no other violations by Sonshine. Under similar circumstances, we have reduced proposed forfeitures, and we find that doing so in this case is appropriate. Consequently, we reduce Sonshine's forfeiture amount from $40,000 to $32,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, Sonshine Family Television, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $32,000 for its willful and repeated violation of Section 317(a)(1) of the Act and Section 73.1212(a) of the Commission's rules. . IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by First Class Mail
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- mail/return receipt requested, a copy of this Notice of Debarment to Philip H. Stillman, Esq., 224 Birmingham Drive, Suite 2A, Cardiff, CA 92007. IT IS FURTHER ORDERED, pursuant to section 54.8 of the Commission's rules, 47 C.F.R. § 54.8, that this Notice SHALL BE PUBLISHED in the Federal Register. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary See 47 C.F.R. §§ 0.111(a), 54.8. Any further reference in this letter to ``Green's conviction'' refers to the judgment on conviction of twenty-two counts entered in Federal District Court earlier this year. United States v. Judy Green, Criminal Docket No. 3:05-CR-00208-WHA-007, Judgment (N.D. Cal. Filed and entered March 19, 2008) (``Judy Green Judgment''). 47 U.S.C. § 254. The Telecommunications Act of 1996 amended the Communications
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- implicated where the production of information is compelled). See id. (recognizing circumstances in which disclosure could affect reliability). See also Martha H. Platt, 5 FCC Rcd 5742, 5742 (1990) (finding that confidentiality helped to ensure cooperation and avoid burdensome litigation in obtaining audit information, where carriers had opportunity for ``very selective response.'') See Decision at 4. See 47 C.F.R. § 0.111(a)(16) (EB authorized to conduct investigations, conduct external audits, and collect information, in connection with complaints, on its own initiative, or upon the request of another bureau or office). See James A. Kay, Jr., 17 FCC Rcd 1834, 1846 ļ 40 (2002) (failure to provide information in response to Commission inquiry may violate the Commission's rules or constitute lack of candor),
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- 766 (Exec. Director 1970), rev. denied, 24 FCC 2d 767 (1970), the Commission's Executive Director made a specific finding that disclosure of information about preliminary allegations would prejudice the conduct of any further investigation or enforcement proceedings. Here, EB could not discern how release of the LOI would have such an effect on the SDV investigation. See 47 C.F.R. § 0.111(a)(16) (EB authorized to conduct investigations, conduct external audits, and collect information, in connection with complaints, on its own initiative, or upon the request of another bureau or office). See McMorgan & Co. v. First California Mortgage Co., 931 F. Supp. 703, 710 (N.D. Cal. 1996) (court concludes that private party has not demonstrated that it has ``standing'' to assert that
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- it is appropriate and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband Internet access service. APPENDIX B Procedural Rules AUTHORITY: 47 U.S.C. §§ 151, 152, 153, 154, 201, 218, 230, 251, 254, 256, 257, 301, 303, 304, 307, 309, 316, 332, 403, 503, 522, 536, 548, 1302 § 0.111 Functions of the Bureau. Amend § 0.111(a) of the rules to add subsection (24) as follows: Resolve complaints alleging violations of the open Internet rules. Formal Complaints § 8.12 Formal Complaints Any person may file a formal complaint alleging a violation of the rules in this part. § 8.13 General pleading requirements. (a) General pleading requirements. All written submissions, both
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- a reply.489In some cases, the facts might be uncontested, and the proceeding can be completed based on the pleadings. In other cases, a thorough analysis of the challenged conduct might 482As with our other complaint rules, the availability of complaint procedures does not bar the Commission from initiating separate and independent enforcement proceedings for potential violations. See 47 C.F.R. § 0.111(a)(16). 483See, e.g.,ACA Comments at 1920; PIC Commentsat 7071; WISPA Comments at 1416. 484See ACA Comments at 19 (advocating for the use of rules governing cable carriage complaints); Google Comments at 8792 (advocating for the use of rules governing section 208 complaints); Netflix Comments at 1011 (same); RCA Comments at iii, 19 (same); OIC Comments at 6870 (advocating for the use
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- opt-out requests from businesses where more than one person may use the same fax machine. That question is not at issue here and our decision here not to impose a forfeiture does not imply agreement with Progressive Business's views. ordering clauses ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeitures in the Notice of Apparent Liability for Forfeiture against Progressive Business WILL NOT BE IMPOSED. IT IS FURTHER ORDERED that, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. § 1.80(f)(4), the citation issued to Progressive Business, Inc. by
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- A. Kay, Jr., 17 FCC Rcd 1834, 1846, para. 40 (2002) (failure to provide information in response to Commission inquiry may violate the Commission's rules or constitute lack of candor), recon. granted in part and denied in part, 17 FCC Rcd 8554 (2002), aff'd, 396 F.3d 1184 (D.C. Cir.), cert. denied, 546 U.S. 871 (2005). 42 See 47 C.F.R. § 0.111(a)(16) (EB authorized to conduct investigations, conduct external audits, and collect information, in connection with complaints, on its own initiative, or upon the request of another bureau or office). 43 See Decision at 4-5 (asserting exemption with respect to two items); McMorgan & Co. v. First California Mortgage Co., 931 F. Supp. 703, 710 (N.D. Cal. 1996) (court questions whether private
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- 4 & n.5. Pursuant to the Pole Attachments Act, the Commission has adopted rules that authorize aggrieved parties to file complaints when they have a dispute with a utility concerning pole attachments. See 47 C.F.R. §§ 1.1401-1.1418. Florida Cable v. Gulf Power, 18 FCC Rcd at 9599; see also 47 C.F.R. §§ 1.1401-1.1418 (Pole Attachment Complaint Procedures); 47 C.F.R. §§ 0.111(a)(12), 0.311 (authority delegated to the Enforcement Bureau to resolve complaints regarding pole attachments filed under Section 224 of the Communications Act). 47 C.F.R. § 1.1409(e). 18 FCC Rcd at 9609, paras. 3-5. Florida Cable Telecomm'ns Ass'n, Inc. v. Gulf Power Co., Hearing Designation Order, 19 FCC Rcd 18718, 18722 n.21 (Enf. Bur. 2004). Id. at 18722, para. 11. Id. at
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- to the Congressional Review Act, see 5 U.S.C. § 801(a)(1)(A). FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary APPENDIX A Final Rules PART 0 - Commission Organization PART 0 - COMMISSION ORGANIZATION Subpart A - Organization 1. The authority citation for Part 0 continues to read as follows: AUTHORITY: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155. 2. Section 0.111(a) is amended by revising subparagraph (11) to read as follows: § 0.111 Functions of the Bureau. (a) * * * * * (11) Resolves other complaints against Title III licensees and permittees, including complaints under § 20.12(e) of this chapter. * * * * * PART 20 - Commercial Mobile Radio Services PART 20 - COMMERCIAL MOBILE RADIO SERVICES 1.
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- forfeiture in the amount of forty-four thousand dollars ($44,000). This represents the base amount for each of the 11 instances in which a WIN-sponsored announcement was broadcast without disclosing that the announcement was sponsored, paid for, or furnished by WIN. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314, and 1.80 of the Commission's rules, that Radio License Holding XI, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of forty-four thousand dollars ($44,000) for its apparent willful violation of the sponsorship identification requirements of section 317 of the Communications Act of 1934, as amended, and section 73.1212 of the Commission's rules. IT
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- of income tax), 18 U.S.C. § 1520 (providing criminal penalties for corporations that fail to keep audit records for five years). Additionally, a number of states have regulatory programs that require providers to file regular reports and provide for penalties if reports are inaccurate. See. e.g., N.Y. Pub. Serv. Law § 95; 52 Pa. Code § 63.36. 47 C.F.R. § 0.111. We note, however, that failure to comply with the Commission's reporting rules could subject an entity to the enforcement provisions of the Act. See 47 U.S.C. § 503. 2001 Contribution Methodology Notice, 16 FCC Rcd at 9909, para. 38. See 47 C.F.R. §§ 159(a), 159(b)(1)(A), 159(g), 52.17, 52.32(b), 64.604(c)(5)(iii)(B). See 2001 Contribution Methodology Notice, 16 FCC Rcd at 9909, para.
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- evidence relating to this matter, we conclude that there are no substantial and material questions of fact as to whether Verizon possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act, 47 U.S.C. § 154(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the Commission staff inquiry into the matter described here IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) File No. EB-00-TC-053
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- not clear to the Networks, and certainly not clear to stations that broadcast network programming (particularly those that are not owned by the Networks). Accordingly, for the reasons set forth above, we will not take any further enforcement action in response to NORML's complaint and we consider this matter closed. This action is taken under delegated authority pursuant to Sections 0.111 and 0.311 of the Commission's Rules, 47 C.F.R. §§ 0.111, 0.311. Sincerely, David H. Solomon Chief, Enforcement Bureau cc: Mr. Franco Garcia, Executive Counsel, Corporate Legal Affairs, ABC, Inc. Mr. Martin D. Franks, Executive Vice President, CBS Ms. Diane Zipursky, Vice President, Washington Law and Policy, NBC, Inc. John C. Quale, Counsel for Fox Broadcasting Company, Inc. Christopher G. Wood,
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- will have the opportunity to participate. We note that in that proceeding, the Commission specifically asked for comments on emerging and existing technologies that the Commission ``has not yet fully evaluated for inclusion in relay service,'' among them new transmission protocols for TTYs. Accordingly, IT IS ORDERED THAT, pursuant to Section 225 of the Act, 47 U.S.C. § 225,and Sections 0.111 and 0.311 of the Commission's rules, the above-captioned complaint filed by Disabilities Rights, Inc. IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Catherine W. Seidel, Chief Telecommunications Consumer Division Enforcement Bureau 47 U.S.C. § 225. This section, inter alia, directs the Commission to ensure that telecommunications relay service (TRS) is available, to the extent possible and in the most efficient manner, to individuals
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- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 6.Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Crown Communication, Inc., is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violating Section 17.50 of the Rules.11 7.IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,12 within thirty days of the release date of this NOTICE OF APPARENT
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- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the statutory factors listed above, a $3,000 forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Entravision Communications Corporation, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.57 of the Rules.6 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
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- may require.13 In applying Section 1.80(b)(4) of the Rules and the statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $8,000 is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Mr. Charles R. Meeker, is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Section 11.35 of the Commission's Rules and Regulations.14 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
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- may require.24 In applying Section 1.80(b)(4) of the Rules and the statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $15,000 is warranted. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Playa Del Sol Broadcasters, is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violating Sections 11.35, 11.61 and 73.1125 of the Commission's Rules.25 15. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.4 Considering the entire record and applying the factors listed above, this case warrants a $25,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Rules,6 Victory & Power Ministries, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willful violation of Sections 11.35(a), 73.49, and 73.3526(c) of the Rules by failing to maintain operational EAS equipment, failing to provide an effective locked fence enclosing the station's antenna tower,
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- respect to the violator, the degree of culpability, and any history of prior offenses, ability to pay, and other such matters as justice may require.'' 9 Considering the entire record and applying the factors listed above, this case warrants a $2,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,10 and Sections 0.111, 0.311 and 1.80 of the Rules,11 Pearson Broadcasting of Mena, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for willful and repeated violation of Section 11.61 of the Rules by failing to conduct required weekly and monthly EAS tests. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.7 Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Best Country Broadcasting, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register its antenna structure with the Commission. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.9 Considering the entire record and applying the factors listed above, this case warrants a $2,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,10 and Sections 0.111, 0.311 and 1.80 of the Rules,11 Chatterbox, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for willful and repeated violation of Section 11.61 of the Rules by failing to conduct required Weekly and Monthly EAS tests. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
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- may require.17 In applying Section 1.80(b)(4) of the Rules and the statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $8,000 is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Desert Television LLC, is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Sections 11.35 and 11.61 of the Commission's Rules.18 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a $21,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Jesse C. Ross and Ernestine A. Ross are hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for willful violation of Sections 11.35(a) and 73.3526(c)(1) of the Rules and willful and repeated violation of Section 17.4(a) of the Rules by failing to maintain operational EAS equipment,
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.7 Considering the entire record and applying the factors listed above, this case warrants a $25,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 NRVRP, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty- five thousand dollars ($25,000) for willful and repeated violation of Sections 11.35(a), 17.50 and 73.49 of the Rules for failing to maintain the operational readiness of its EAS equipment, for failing to maintain good visibility of its antenna
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Jorge L Estrada is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51 of the Rules by failing to exhibit all required red obstruction lighting from sunset to sunrise. 8. IT IS FURTHER ORDERED THAT, pursuant to Section
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Clamor Broadcasting Network Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register its antenna structure with the Commission. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
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- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.7 Considering the entire record and applying the factors listed above, this case warrants a forfeiture of $10,000. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Cumulus Licensing Corp. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.50 of the Rules by failing to clean and repaint its antenna structures to maintain good visibility. 11. IT IS FURTHER ORDERED THAT, pursuant to Section
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- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the statutory factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Charter Communications, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register an antenna structure that requires notification to the Federal Aviation Administration. 8. IT IS FURTHER ORDERED THAT, pursuant
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Pamal Broadcasting Ltd. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.57 of the Rules by failing to notify the Commission of a change in ownership on antenna structure #1054493. 9. IT IS FURTHER ORDERED THAT, pursuant
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237736A1.html
- and with respect to the violator, the degree of culpability, any history or prior offenses, ability to pay, and other such matters as justice may require.''6 Considering the entire record, and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,8 Ashley is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules by failing to maintain good visibility of the required antenna structure obstruction markings. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237746A1.html
- degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.10 Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $12,000 forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,11 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,12 Unocal is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violating Sections 17.4(g) and 17.23 of the Rules.13 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,14 within thirty days of the release date of this NOTICE OF
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237754A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.7 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 East Texas Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.4(a) of the Rules and willful violation of Section 73.49 of the Rules by failing to register its antenna supporting structure and failing to provide
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237755A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Martin D. Marshall is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules by failing to clean or repaint the antenna structure as often as necessary to maintain good visibility of the antenna structure markings. 8. IT
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237756A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Joe E. Ramsey and John Ramsey d.b.a. Ramsey & Ramsey is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register its antenna supporting structure. 8. IT IS FURTHER ORDERED THAT, pursuant
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237757A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.10 Considering the entire record and applying the factors listed above, this case warrants a $25,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,11 and Sections 0.111, 0.311 and 1.80 of the Rules,12 Renaissance Radio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for failing to have operational EAS equipment, failing to exhibit red obstruction lighting from sunset to sunrise, and failing to provide an effective locked fence around the base of the radiating antenna. 12.
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237758A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.7 Considering the entire record and applying the factors listed above, this case warrants an $8,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Petracom of Texarkana, L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 11.35(a) of the Rules by failing to have EAS equipment installed and operational.. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237759A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Leon's Radio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules by failing to clean or repaint its antenna structure to maintain good visibility. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237768A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.8 Considering the entire record and applying the factors listed above, this case warrants a $10,000.00 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,9 and Sections 0.111, 0.311 and 1.80 of the Rules,10 Professional Communications Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000.00) for willful and repeated violation of Section 17.51(a) of the Rules by failing to exhibit all red obstruction lighting from sunset to sunrise during the period of November 11-15, 2002, and on December
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237770A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.4 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Rules,6 AAT Communications Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules by failing to repaint its antenna structure to maintain good visibility. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237771A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the statutory factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 The Helicon Group L.P. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules for failing to register its antenna structure. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237773A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a $2,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Falcon Cablevision D/B/A Charter Communications is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for willful and repeated violation of Section 11.61(a)(1) of the Rules by failing to conduct required monthly EAS tests. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237779A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.7 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Barnacle Broadcasting Company, Ltd. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51 of the Rules by failing to exhibit red obstruction lighting from sunset to sunrise on antenna structure 1063961 in Port Royal, South Carolina. 9.
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237781A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a forfeiture of $10,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Business Cell Systems is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51(b) of the Rules by failing to continuously exhibit medium intensity obstruction lighting during daylight hours. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237782A1.html
- and other such matters as justice may require.6 CB Radio has a history of violating the same provision that is the subject of this NAL. Considering the entire record and applying the statutory factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 CB Radio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register an antenna structure that requires notification to the Federal Aviation Administration. 8. IT IS FURTHER ORDERED THAT, pursuant
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237784A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.?6 Considering the entire record and applying the factors listed above, this case warrants a $5,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Palmetto Broadcasting Company, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for willful and repeated violation of Sections 11.61(a) and 17.4(a) of the Rules by failing to conduct EAS tests and by failing to register its antenna structure. 8. IT IS FURTHER ORDERED
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237785A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Wanda Doonan Trust is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.50 of the Rules by failing to clean or repaint the antenna structure as often as necessary to maintain good visibility of the antenna structure markings.
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237788A1.html
- portion of the required items in the public inspection file, a downward adjustment of the base forfeiture for that violation from $10,000 to $2,000 is warranted. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,13 and Sections 0.111, 0.311 and 1.80 of the Rules,14 Clinton Radio Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Sections 11.35(a) and 73.3526(c) of the Rules by failing to maintain operational EAS equipment and failing to make available all required contents of the public inspection file.
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237790A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Alliance Communications Partners, LP is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.50 of the Rules by failing to clean or repaint its antenna structure as often as necessary to maintain good visibility of the antenna structure
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237824A1.html
- may require. The record reveals that WSJM has a history of compliance. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a nineteen thousand dollar ($19,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act5 and Sections 0.111, 0.311 and 1.80 of the Rules6, WSJM, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand dollars ($19,000) for willful and repeated violation of 11.52(d), 11.61(a)(2)(i)(A), 17.4(a), 17.47(a)(1), 17.51(a), 73.1820(a)(1)(i), 73.1820(a)(1)(iii), and 73.1870(c)(3) of the Rules. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237837A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a forfeiture of $10,000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Crown Castle GT Company LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51(b) of the Rules by failing to continuously exhibit medium intensity obstruction lighting during daylight hours. 10. IT IS FURTHER ORDERED THAT, pursuant to
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237839A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.''7 Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. Ordering Clauses 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 MCC Georgia LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000 for willful and repeated violation of Section 17.51 of the Commission's Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release of this NAL, MCC
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237842A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Cablevision of Newark is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violations of Sections 11.61(a)(1)(iii) and 11.61(b) of the Commission's Rules. 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237843A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules7, Long Island Multimedia, LLC. is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violations of Sections 11.61(a)(2)(i)(A) and 11.61(b) of the Commission's Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237844A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act7 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules8, IW is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violations of Sections 11.61(a)(2)(i)(A), 11.61(a)(1)(i), and 11.61(b) of the Commission's Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237845A1.html
- such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,7 (``Act'') and Sections 0.111, 0.311 and 1.80 of the Rules,8 Cablevision is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violations of Sections 11.61(a)(1)(iii), 11.61(a)(2)(i)(B), and 11.61(b) of the Commission's Rules. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237848A1.html
- such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,6 (``Act'') and Sections 0.111, 0.311 and 1.80 of the Commission's Rules7, Time Warner is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violations of Sections 11.61(a)(2)(i)(B) and 11.61(b) of the Commission's Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237857A1.html
- of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a fifteen thousand dollar ($15,000) is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6, and Sections 0.111, 0.311 and 1.80 of the Rules7, Urban Radio of Pennsylvania L.L.C. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollar ($15,000) for failing to make observations of the obstruction lighting on the WURP antenna structure on October 2, 2002 and October 3, 2002, in violation of Section 17.47(a)(1) of the Rules, failing
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237860A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended7, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules8, Pentecostal is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for failing to make entries in the station logs, in violation of Section 11.35(a) of the Rules, failing to transmit the RMT, in violation of Section 11.61(a)(1)(v) of the Rules, and failing to transmit
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237881A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a one thousand dollar ($1,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Mega is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of one thousand dollars ($1,000) for its failure to maintain required records. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT LIABILITY, Mega SHALL
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237882A1.html
- any history of prior offenses, ability to pay, and other such matters as justice may require.7 Considering the entire record and applying Forfeiture Policy Statement and the factors listed above, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Northern Electric Cooperative is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful violation of Section 17.4(a) of the Rules, by failing to register the tower. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237913A1.html
- of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors listed above, and applying the inflation adjustments, we believe that a thirteen thousand dollar ($13,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act7, and Sections 0.111, 0.311 and 1.80 of the Rules8, Tennessee Gas Pipeline Company is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for willful and repeated violation of Sections 17.4(a) and 17.50 of the Commissions Rules. 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237914A1.html
- of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors listed above, and applying the inflation adjustments, we believe that a fifteen thousand dollar ($15,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act9, and Sections 0.111, 0.311 and 1.80 of the Rules10, North Country Repeaters is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willful and repeated violation of Sections 17.4(a), 17.4(g), and 17.50 of the Rules. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237916A1.html
- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 After applying the Forfeiture Policy Statement and the statutory factors to the instant case, we believe a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules,7 Ad-Venture Media, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to repaint the antenna structure as needed, in violation of Section 17.50. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237917A1.html
- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 After applying the Forfeiture Policy Statement and the statutory factors to the instant case, we believe a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules,7 Robert B. Taylor is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to clean or repaint the antenna structure as often as necessary to maintain good visibility, in violation of Section 17.50. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237918A1.html
- of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 After applying the Forfeiture Policy Statement and the statutory factors to the instant case, we believe a thirteen thousand dollar ($13,000) forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules,7 Mercury Broadcasting Company, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for failing to repaint the antenna structure as needed and failure to notify the Commission of change in ownership information, in violation of Sections 17.50 and 17.57. 10. IT IS FURTHER ORDERED
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237974A1.html
- such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,8 (``Act'') and Sections 0.111, 0.311 and 1.80 of the Rules,9 Pacifica is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violations of Sections 11.61(a)(1)(i), 11.61(a)(2)(i)(A), and 73.1870(b)(3) of the Commission's Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-238353A1.html
- Phillips has a history of prior violations, and the over-power violation was egregious. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Phillips is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violating Sections 11.35(a), 11.52(d), 17.4(c), and 731560(a)(1) of the Rules. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-238567A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $15,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Pittman Broadcasting Services, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willful violation of Sections 11.35(a) and 73.49 of the Rules by failing to maintain operational Emergency Alert System (``EAS'') equipment and failing to provide an effective locked fence enclosing the station's
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-238568A1.html
- require.5 Since there are six antenna structures involved in this case and a lengthy period of continuous violation, we are increasing this forfeiture amount by $1,500. Considering the entire record and applying the factors listed above, this case warrants a $4,500 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Tecnet, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand five hundred dollars ($4,500) for willful and repeated violation of Section 17.57 of the Rules by failing to immediately notify the Commission of a change in ownership of antenna structures. 8. IT IS FURTHER ORDERED THAT,
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-238985A1.html
- and with respect to the violator, the degree of culpability, any history or prior offenses, ability to pay, and other such matters as justice may require.''6 Considering the entire record, and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,8 Ashley is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules by failing to maintain good visibility of the required antenna structure obstruction markings. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-239072A1.html
- such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,7 (``Act'') and Sections 0.111, 0.311 and 1.80 of the Commission's Rules8, US Cable is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violations of Sections 11.61(a)(1)(iii), 11.61(a)(2)(i)(B), and 11.61(b) of the Commission's Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-239074A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.11 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,12 and Sections 0.111, 0.311 and 1.80 of the Rules,13 Media General is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51 of the Rules by failing to exhibit obstruction lighting on antenna structure 1058894. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
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- for each of the two instances of failure to register its antenna structures, we find no compelling evidence to support any adjustments to the base forfeiture amount. Thus, we believe that a total forfeiture amount of six thousand dollars ($6,000) is warranted. IV. ORDERING CLAUSE 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules8, FrontierVision Operating Partners, L. P. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for willful and repeated violation of Section 17.4(a) of the Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-239920A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''5 Considering the entire record and applying the factors listed above, this case warrants a $2,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Gore-Overgaard. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for repeated and willful violation of Section 11.52(d) of the Rules by failing to monitor its assigned EAS sources. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-242190A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act7 and Sections 0.111, 0.311 and 1.80 of the Rules8Brown Broadcasting, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register their antenna structure with the Commission. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-242441A1.html
- and with respect to the violator, the degree of culpability, any history or prior offenses, ability to pay, and other such matters as justice may require.''6 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Vector Communications, Inc. d/b/a WCFI, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51(a) of the Rules by failing to exhibit all required obstruction lighting on structure 1217391 in Ocala, Florida. 11. IT IS FURTHER ORDERED
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-242442A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''5 Considering the entire record and applying the factors listed above, this case warrants a $25,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Blountstown . is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty- five thousand dollars ($25,000) for willful violation of Sections 11.35, 73.49 and 73.3526(c) of the Rules by failing to ensure that their EAS equipment was operational, failure to enclose the base of the tower with a fence
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-242619A1.html
- any history of prior offenses, ability to pay, and other such matters as justice may require.8 After applying the Forfeiture Policy Statement and the statutory factors to the instant case, we believe that a sixteen thousand dollar ($16,000) monetary forfeiture is warranted. IV. Ordering Clauses 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules,9 WLTH Radio, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for failure to register the antenna structure, failure to notify the FAA of a tower light outage, and failure to exhibit red obstruction lighting in violation of Sections 17.4(a), 17.48(a), and 17.51(a). 11.
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-242620A1.html
- base amount of Comcast's violation of $3,000 for failure to register its antenna structure, we find no compelling evidence to support any adjustments to the base forfeiture amount. Thus, we believe that a forfeiture amount of three thousand dollar ($3,000) is warranted. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules9, Comcast Cablevision of Michigan, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty (30) days of the release
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-242624A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a two thousand dollar ($2,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules8, Time Warner is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for willful and repeated violations of Sections 11.61(a)(1)(iii) and 11.61(a)(2)(i)(B) of the Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-242819A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.11 Considering the entire record and applying the factors listed above, this case warrants a $25,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,12 and Sections 0.111, 0.311 and 1.80 of the Rules,13 Paulino Bernal Evangelism, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willful violation of Sections 73.1125, 11.35(a), and 73.3527(c)(1) of the Rules for failing to maintain a main studio in the community of license, have EAS Encoders, EAS Decoders and Attention Signal
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-243041A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Louisa is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation Section 17.4(a)(2) of the Rules by failing to register an existing antenna structure that had been assigned painting or lighting requirements prior to July 1, 1996. 8. IT IS FURTHER
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- such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a six thousand dollar ($6,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,7 (``Act'') and Sections 0.111, 0.311 and 1.80 of the Rules8, Kimtron is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for willful and repeated violations of Sections 11.35(a), 11.61(a)(1)(i), and 11.61(a)(2)(i)(A) of the Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-243468A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.13 Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,14 and Sections 0.111, 0.311 and 1.80 of the Rules,15 Redwood Family Services, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register its antenna structure with the Commission.16 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-244158A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Rules7 Eagle Broadcasting, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for repeated violation of Section 17.4(a) of the Rules by failing to register its three antenna structures with the Commission. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-244159A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.''8 Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. Ordering Clauses 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act9 and Sections 0.111, 0.311 and 1.80 of the Rules,10 Exosphere Broadcasting, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000 for willful and repeated violation of Sections 17.50 and 17.51 of the Commission's Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release of this
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-244895A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a twenty two thousand dollar ($22,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 JMK is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($22,000) for willfully violating Sections 11.35(a), 73.1745(a), 73.3526(e)(5) and 73.3526(e)(12) of the Rules. 15. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-244897A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act ,6 and Sections 0.111, 0.311 and 1.80 of the Rules7, Capital Media is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willful and repeated violations of Sections 11.35(a) and 11.61(b) of the Commission's Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-244900A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants an $18,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Rama Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for failure to have the EAS transmitting functions available during times the station is in operation, and failure to make available for inspection the complete public inspection file. 10. IT IS FURTHER ORDERED
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-244974A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules8, Crystal is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violations of Sections 11.61(a)(2)(i)(A) and 73.1820(a)(1)(C)(iii) of the Commission's Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-244979A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants an $8,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 WBLB is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for repeated violation of Section 11.35(a) of the Rules by failing to have its EAS transmitting functions available during times the station is in operation. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-244980A1.html
- and with respect to the violator, the degree of culpability, any history or prior offenses, ability to pay, and other such matters as justice may require.''7 Considering the entire record and applying the factors listed above, this case warrants a $13,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 WGUL-FM, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for willful and repeated violation of Sections 17.51(a) and 17.57 of the Rules by failing to exhibit obstruction lighting on structure 1027884 and failing to immediately notify the Commission upon any change in ownership
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-244982A1.html
- degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $2,000 forfeiture is warranted IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Big Island Radio, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violations of Sections 11.35(a) and 11.61 of the Rules.14 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-245206A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 AT&T Wireless is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51(b) of the Rules by failing to exhibit tower lights on structure 1030401. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-245208A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.6 Considering the entire record and applying the statutory factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Florida Food Products, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand ($3,000) for willful and repeated violation of Section 17.4(a) of the Commission's Rules by failing to register its antenna structure. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-246120A1.html
- degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, an $8,000 forfeiture is warranted.12 IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, O'Hana Radio Partners, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Sections 11.35(a) of the Rules.13 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-246122A1.html
- as justice may require.''13 Considering the entire record and applying the factors listed above, a $2000 forfeiture is warranted for station KTPI(AM) and a $2000 forfeiture is warranted for co-located FM stations KTPI and KOSS, resulting in a total forfeiture of $4,000. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Concord Media Group of California, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for repeated violation of Sections 11.35(a) and 11.61(a)(2) of the Rules by failing to conduct required weekly EAS tests.14 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-246124A1.html
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.12 Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,13 and Sections 0.111, 0.311 and 1.80 of the Rules,14 Dead Air Broadcasting Company, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register its antenna structure with the Commission.15 16. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-246337A1.html
- to the violator, the degree of culpability, and any history of prior offenses, ability to pay, and other such matters as justice may require.''11 Considering the entire record and applying the factors listed above, a $2000 forfeiture is warranted for station KHIZ(TV). IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Sunbelt Television, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for repeated violation of Sections 11.35(a) and 11.61(a)(1) of the Rules by failing to conduct required monthly EAS tests.12 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-246338A1.html
- to the violator, the degree of culpability, and any history of prior offenses, ability to pay, and other such matters as justice may require.''12 Considering the entire record and applying the factors listed above, a $2000 forfeiture is warranted for stations KIQQ-AM/FM. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Moon Broadcasting Riverside, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for repeated violation of Sections 11.35(a), 11.61(a)(1) and 11.61(a)(2) of the Rules by failing to conduct required monthly and weekly EAS tests.13 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-248150A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a seventeen thousand dollar ($17,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6, and Sections 0.111, 0.311 and 1.80 of the Rules7, Verizon is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willfully violating Sections 17.48, 17.49, 17.51, and 17.57 of the rules. 18. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-248614A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Andrews Tower Rental, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.50 of the Rules by failing to clean and repaint its antenna structure to maintain good visibility. 9. IT IS FURTHER ORDERED that, pursuant to
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-249189A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.9 Considering the entire record and applying the factors listed above, this case warrants an $18,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act,10 and Sections 0.111, 0.311 and 1.80 of the Rules,11 The Paradise Network is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for willful and repeated violation of Sections 11.35 and 73.3526(c)(1) of the Rules by failing to install and maintain required EAS equipment and by failing to have available for inspection the complete public
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-249273A1.html
- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.7 Applying the Forfeiture Policy Statement and the statutory factors, we conclude that a $3,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Ackerley Media Group, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violations of Section l7.57 of the Rules.8 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-249274A1.html
- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.21 Applying the Forfeiture Policy Statement and the statutory factors, we conclude that a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, New Northwest Broadcasters LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section l7.23 of the Rules.22 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-250101A1.html
- in the public inspection file, a downward adjustment of the base forfeiture for that violation from $10,000 to $8,000 is warranted. Considering the entire record and applying the factors listed above, this case warrants a $20,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended,12 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,13 Jason Konarz is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful and repeated violation of Sections 11.35(a), 73.1745(a) and 73.3526(c) of the Rules by for failing to maintain operational Emergency Alert System equipment, operating with excessive power and then failing to discontinue
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-250102A1.html
- to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.8 Considering the entire record and applying the factors listed above, this case warrants a $15,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act, as amended,9 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,10 Delta Radio Greenville, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willful and repeated violation of Sections 11.35(a) and 73.49 of the Rules by failing to maintain operational EAS equipment and failing to maintain effective fencing around its antenna structure. 9.
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-252867A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.20 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Lotus Communication Corp. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Sections 17.21(a), 17.47, 17.48 and 17.49 of the Rules.21 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-252868A1.html
- culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.14 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, a $2,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Morongo Basin Broadcasting Corporation, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violations of Sections 11.35(a) and 11.61 of the Rules.15 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-252869A1.html
- and history of prior offenses, ability to pay, and other such matters as justice may require. 15 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, a $2,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Three D Radio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violation of Sections 11.35(a) and 11.61 of the Rules.16 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-253039A1.html
- any history or prior offenses, ability to pay, and other such matters as justice may require.''6 Considering the entire record and applying the factors listed above, we conclude that Shadavrus is apparently liable for a $3,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended,7 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,8 Shadavrus Capital Trust, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.57 of the Rules by failing to notify immediately the Commission upon a change in ownership information. 7. IT IS FURTHER ORDERED that, pursuant
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-253692A1.html
- degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $2,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Hi- Favor Broadcasting, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violations of Sections 11.35(a), and 11.61(a)(2) of the Rules.14 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-254543A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $15,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Clamor Broadcasting Network Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willful and repeated violation of Section 11.35 and 73.1125 of the Rules by failing to install the required EAS equipment and failure to maintain the station's studio within the community of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-255040A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants an $8000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Southern Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8000) for willful and repeated violation of Section 11.35 of the Rules by failing to have installed EAS transmitting and monitoring capabilities. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-255235A1.html
- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.9 Considering the entire record and applying the factors listed above, this case warrants a $21,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended,10 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,11 Halifax Christian Community Church, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for willful and repeated violation of Sections 11.35, 73.840, 73.845, and 73.1660(a)(2) of the Rules by failing to install and maintain required EAS equipment and operating overpower with a non-certified
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-255236A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.10 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $6,000 forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, ACS Wireless is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for violations of Section 17.57 of the Rules.11 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-255237A1.html
- the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.21 Appling the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $13,000 forfeiture is warranted. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Rules,22 American Radio Brokers, Inc. d/b/a Radio Station KFFR 1020 is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for willful and repeated violation of Section 303(q) of the Act and Sections 17.51(a) and 17.48(a) of the Rules by failing to maintain and exhibit red obstruction
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-255477A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.10 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $3,000 forfeiture is warranted. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Gary M. Schikora and the George Horner Trust are hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violations of Section 17.57 of the Rules.11 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-256119A1.html
- history of prior offenses, ability to pay, and other such matters as justice may require.11 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a seventeen thousand dollar ($17,000) forfeiture is warranted. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,12 Source is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willful and repeated violations of Sections 17.4(a), 17.51(a) of the Rules and for willful and repeated failure to respond to a Commission order. 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-256485A1.html
- ability to pay, and other such matters as justice may require.14 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we conclude that Lazer is apparently liable for a forfeiture in the amount of $8,000. IV. ORDERING CLAUSES 1.10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Lazer Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Section 11.35 of the Commission's Rules.15 1.11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-257048A1.html
- any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, we conclude that WBLT is apparently liable for a $3,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended,7 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,8 WBLT is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register its antenna structure. 7. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-257374A1.html
- other such matters as justice may require.13 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Guerrero is apparently liable for a forfeiture in the amount of $8,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Rafael C. Guerrero is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 11.35 of the Rules.14 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-257559A1.html
- in Section 503(b)(2)(D) of the Act, and the upward adjustment criteria in the Forfeiture Policy Statement, we find that an upward adjustment of the base forfeiture amount to six thousand dollars ($6,000) is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,11 Forsberg is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for willful and repeated violation of Section 17.4(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-258046A1.html
- of prior offenses, ability to pay, and other such matters as justice may require.17 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we find that AMFM Ohio is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, AMFM Ohio, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Sections 17.21(a), 17.47, 17.48 of the Rules.18 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-258186A1.html
- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended,6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,7 Mega Communications of St. Petersburg Licensee, L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.21 of the Rules by failing to comply with the painting and lighting requirements for three antenna structures. 8. IT IS FURTHER ORDERED
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-258187A1.html
- antenna structures were incapable of being lit. Accordingly, we believe an upward adjustment to $20,000 is appropriate for the lighting violation. Considering the entire record and applying the factors listed above, this case warrants a $20,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Vector Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful and repeated violation of Section 17.51(a) of the Rules.7 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-258872A1.html
- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $25,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended,18 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,19 Twenty-One Sound Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty five thousand dollars ($25,000) for willful and repeated violation of Sections 11.35, 73.1125, and 73.3526 of the Rules, by failing to maintain operational EAS equipment, failing to maintain a main studio, and failing to
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-260117A1.html
- ability to pay, and other such matters as justice may require.''12 Applying the Forfeiture Policy Statement, Section 1.80 and the statutory factors, we conclude that Farmworkers is apparently liable for a forfeiture in the amount of $8,000. IV. ORDERING CLAUSES 1.11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Farmworkers Educational Radio Network Inc. is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Section 11.35 of the Commission's Rules.13 1.12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-260541A1.html
- reduction from the base forfeiture amount to $2,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Ms. Salazar is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Maria L. Salazar is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Sections 11.35(a) and 73.3526(e) of the Rules.12 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-260650A1.html
- ability to pay, and other such matters as justice may require.7 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Arcom is apparently liable for a $3,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Arcom Communications is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violation of Section 17.4(a)(1) of the Rules.8 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-260730A1.html
- the base forfeiture amount to $2,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Parks is apparently liable for a $5,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,13 Parks is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for willful and repeated violation of Sections 17.4(a), 73.3526(e)(4), and 73.3526(e)(12) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-260731A1.html
- ability to pay, and other such matters as justice may require.7 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Arcom is apparently liable for a $3,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Arcom Communications is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violation of Section 17.4(a)(1) of the Rules.8 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-262291A1.html
- base forfeiture amount to $1,000 is appropriate. 11 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that BCR is apparently liable for a nine thousand dollar ($9,000) forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Birmingham Christian Radio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of nine thousand dollars ($9,000) for violations of Sections 11.35(a) and 73.3526(c) of the Rules.12 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-262294A1.html
- for a $10,000 forfeiture. Further, we admonish Nextel for failing to post the ASR number for antenna structure #1245078 in a conspicuous place near the base of the antenna, in violation of Section 17.4(g) of the Rules. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Nextel of California, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 17.23 of the Rules.13 12. IT IS FURTHER ORDERED that Nextel of California, Inc., IS ADMONISHED for failing to display the antenna structure registration number for
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-262295A1.html
- to pay, and other such matters as justice may require.''16 Applying the Forfeiture Policy Statement, Section 1.80 and the statutory factors, we conclude that the Petersons are apparently liable for a forfeiture in the amount of $8,000. IV. ORDERING CLAUSES 1.13. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Richard A. & Joann R. Peterson, Joint Tenants, are hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Section 11.35 of the Commission's Rules.17 1.14. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-262407A1.html
- to pay, and other such matters as justice may require.6 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Trap Rock is apparently liable for a ($10,000) forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Trap Rock Industries, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 17.50 of the Rules.7 13. IT IS FURTHER ORDERED that Trap Rock is hereby ADMONISHED for its violation of Section 17.4(g) of the Commission's Rules. 14.
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-262408A1.html
- ability to pay, and other such matters as justice may require.9 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that TC is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Tidewater Communications LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 17.51(a) of the Rules.10 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-262937A1.html
- may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Corry Communications Corporation is apparently liable for a forfeiture in the amount of $8,000. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,13 Corry Communications Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 11.35 of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-262939A1.html
- and other such matters as justice may require.16 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that WSKQ and WPAT are apparently jointly liable for a ($8,000) forfeiture. IV. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, WSKQ Licensing, Inc. and WPAT Licensing, Inc. are hereby NOTIFIED of their APPARENT JOINT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 11.35 of the Rules.17 18. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-262940A1.html
- proposal to paint the structure does not relieve TWC of liability. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that TWC is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Time Warner Cable, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Section 17.50 of the Rules.15 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-263107A1.html
- other such matters as justice may require.10 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Conneaut is apparently liable for a forfeiture of $3000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,11 Conneaut Telephone Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-263337A1.html
- ability to pay, and other such matters as justice may require.22 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that CRC is apparently liable for a $13,000 forfeiture. IV. ORDERING CLAUSES 18. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Communications Relay Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Section 303(q) of the Act, and Sections 17.23, 17.47, 17.48, 17.49 and 17.57 of the Rules.23 19. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-263779A1.html
- and other such matters as justice may require.''12 Applying the Forfeiture Policy Statement, Section 1.80 and the statutory factors, we conclude that the KPAL Television Inc., is apparently liable for a forfeiture in the amount of $8,000. IV. ORDERING CLAUSES 1.13. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, KPAL Television Inc., is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Section 11.35(a) of the Commission's Rules.13 1.14. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-263781A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $13,000 forfeiture is warranted. III. ORDERING CLAUSE 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, El Dorado 900, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Section 303(q) of the Act, and Sections 17.23, 17.47, 17.48, and 17.57 of the Rules.18 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-264149A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Renda is apparently liable for a $3,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Renda Broadcasting Corporation of Nevada is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violations of Section 17.4(a) of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-264508A1.html
- the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Caballero is apparently liable for a $8,000 forfeiture for each of the three stations, for a total forfeiture of $24,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Caballero Television Texas, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-four thousand dollars ($24,000) for violations of Section 11.35 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-266078A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSE 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Entravision Communications Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Sections 17.23 and 17.50 of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-266561A1.html
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Frank R. Truatt is apparently liable for a $14,000 forfeiture. IV. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Frank R. Truatt is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violations of Sections 11.35(a), 73.1590(a)(6), and 73.3526(e)(12) of the Rules. 18. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-266562A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSE 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, T-Mobile West Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Section 17.23 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-266880A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Broadcast House is apparently liable for a $8,000 forfeiture. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Broadcast House of the Pacific Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 11.35(a), of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-267302A1.html
- the public inspection file violation is appropriate in this case. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Long Pond is apparently liable for a $14,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Long Pond Baptist Church is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violation of Sections 17.50, and 73.3527 of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-268220A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Smallwood is apparently liable for a $18,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Ora Roberts Smallwood, III is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for violation of Sections 11.35 and 73.3526 of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-268423A1.html
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we find that Eagle West is apparently liable for a forfeiture of $8,000. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Eagle West Communications, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35 of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-268622A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that ABG is apparently liable for a $8,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, ABG Georgia Licenses, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35 of the Rules. 7. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-268870A1.html
- of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that a $13,000 forfeiture is warranted. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Jamie Patrick Broadcasting, Ltd. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Sections 17.4(a), 17.50, and 17.51 of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-269170A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors, we conclude that Pinnacle owner of antenna structure number 1017802 is apparently liable for $3,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Pinnacle is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violations of Section 17.57 of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of Apparent
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-269171A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Russell is apparently liable for a $8,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Jerry Russell dba The Russell Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35(a), of the Rules. 7. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-269172A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Rama is apparently liable for a $15,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Rama Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Sections 11.35(a) and 73.49 of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-269174A1.html
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to this case, we conclude Multicultural is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Multicultural Radio Broadcasting, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Section 17.51 of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-269285A1.html
- pay, and other such matters as justice may require." Applying the Forfeiture Policy Statement, Section 1.80 and the statutory factors, we conclude that One Mart Corporation is apparently liable for a forfeiture in the amount of $8,000. IV. ORDERING CLAUSES 1. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, One Mart Corporation is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Section 11.35 of the Commission's Rules. 2. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-269362A1.html
- a reduction in the base forfeiture amount to $4,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Cumulus is apparently liable for a $15,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Cumulus Licensing, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Sections 11.35(a), 73.1350(b)(2) and 73.3526 of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-269484A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that COMSOUTH is apparently liable for a $8,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, COMSOUTH TELESYS, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35 of the Rules. 7. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-269871A1.html
- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Appling the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $19,000 forfeiture is warranted. IV. ORDERING CLAUSES 29. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Pembrook Pines Elmira, LTD. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand dollars ($19,000) for violations of Sections 17.48(a), 17.51(a), and 73.1745(a) of the Rules. 30. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-269872A1.html
- structure remained extinguished. Roy is directed to file within thirty (30) days a report detailing the status of the antenna structure's lights and the timeframe for bringing the structure into full compliance with the applicable FAA requirements. IV. ORDERING CLAUSE 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Steven A. Roy, Personal Representative for the Estate of Lyle Evans, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 303(q) of the Act, and Section 17.51 of the Rules.^18 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-269873A1.html
- matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that TPN is apparently liable for a seven thousand dollar ($7,000) forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, The Paradise Network of North Carolina, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Sections 17.57 and 73.1745(a) of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-269875A1.html
- require. We conclude the base forfeiture amount of $8,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Hispanic is apparently liable for a $8,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Hispanic-Multicultural Broadcasting Association is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35(a) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-270269A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that 3ABN is apparently liable for an $8,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Three Angels Broadcasting Network, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 11.35(a) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-270800A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Forever apparently is liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Forever of PA, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Sections 17.47, 17.48, and 17.51(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-270803A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSE 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Comcast of Washington/Oregon is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Sections 17.23, 17.48 and 17.47(a) of the Commission's Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-271063A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Cingular is apparently liable for a ten thousand dollar ($10,000) forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, New Cingular Wireless Services, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act and Sections 17.23 and 17.50 of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-271598A1.html
- unpainted. NBTY is directed to submit within ten (10) days a report regarding the status of the tower. If the tower still remains unpainted, NBTY is directed to report its exact time frame for painting the tower. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, NBTY, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand Dollars ($10,000) for violation of Section 303(q) of the Act, and Sections 17.21(a) and 17.23 of the Rules. 13. IT IS FURTHER ORDERED that NBTY, Inc. is hereby ADMONISHED for its violation of Section
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-272108A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Siga Broadcasting is apparently liable for a $21,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Siga Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for violations of Sections 17.51(a), 73.49, and 73.1745 (a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-272109A1.html
- has stated in the past that an antenna structure registrant is expected to correct errors when they are brought to the registrant's attention and that such correction is not grounds for a downward adjustment in the forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Hoak Media of Colorado, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violations of Section 17.57 of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-272110A1.html
- of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we find that CVC is apparently liable for a forfeiture of $8,000. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Chula Vista Cable, Ltd., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35 of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-272194A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Pittman is apparently liable for a ($14,000) forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Pittman Broadcasting Services, L.L.C., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violations of Sections 17.51(a) and 73.1745 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-272195A1.html
- $4,000 for maintaining an incomplete public inspection file is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Hoak Media is apparently liable for an $8,000 forfeiture. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Hoak Media of Colorado License, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Sections 11.35(a) and 73.3526 of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-273679A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that L4Media is apparently liable for a $8,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, L4 Media Group, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-274320A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Omnicom is apparently liable for a $5,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Omnicom Tower Limited is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for violations of Sections 17.47 and 17.57 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-274347A1.html
- we conclude a reduction in the base forfeiture amount is warranted. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Zia is apparently liable for a $6,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Zia Broadcasting Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for violations of Section 11.35(a) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-274421A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Lazer is apparently liable for a $5,000 forfeiture. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Alfred Plascencia is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for violations of Sections 17.47(a) and 17.57 of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-275770A1.html
- has stated in the past that an antenna structure registrant is expected to correct errors when they are brought to the registrant's attention and that such correction is not grounds for a downward adjustment in the forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Maranatha Investment Partnership is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violations of Section 17.57 of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-275912A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSE 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Entravision Communications Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Section 17.23 of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-276079A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Action Radio is apparently liable for an $8,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Action Radio, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 11.35(a) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-276992A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Threshold is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Threshold Communications is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Sections 17.47(a), 17.48 and 17.51(a) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-277659A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Broadcasters is apparently liable for a $8,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, FM 92 Broadcasters, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35(a) of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-277675A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Omni is apparently liable for a $8,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Omni Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35(a) of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-277834A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that PRTC is apparently liable for a ($12,000) forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Puerto Rico Telephone Company Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Sections 17.47(a)(1), 17.50, and 17.51(a) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-277877A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Omni is apparently liable for a $8,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Omni Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35(a) of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-278098A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Metro is apparently liable for a $13,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Metro Radio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Sections 17.51(a) and 17.57 of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-278100A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Star Power is apparently liable for a $19,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Star Power Communications Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand dollars ($19,000) for violations of Sections 11.35(a), 73.3526 and 73.49 of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-278101A1.html
- matters as justice may require.8 Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Telecom is apparently liable for a twelve thousand dollar ($12,000) forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Telecom Network, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Sections 17.4(g), 17.50, and 17.51(a) of the Rules.9 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-278243A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Broadcasters, Inc. is apparently liable for a ($18,000) forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, West Helena Broadcasters, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for violations of Sections 11.35 and 73.3526 of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-278244A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that IBC is apparently liable for a ($13,000) forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, International Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Sections 17.50 and 17.57 of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-278643A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that First Baptist is apparently liable for a $15,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, First Baptist Church, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violation of Sections 11.35 and 73.1125(a) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-278796A1.html
- has stated in the past that an antenna structure registrant is expected to correct errors when they are brought to the registrant's attention and that such correction is not grounds for a downward adjustment in the forfeiture. IV. ORDERING CLAUSES 19. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Western Slope Communications, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Section 303(q) of the Act, and Sections 17.47(a), 17.48, 17.51(a), and 17.57 of the Rules. 20. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-278962A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that VOX is apparently liable for a $8,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Vox Communications Group LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 11.35(a) of the Rules. 7. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-279188A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Viva apparently is liable for a $16,000 forfeiture. IV. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Viva Communications Group, LLC. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for violations of Sections 11.35(a), 73.1745(a), 73.1560(a), and 73.3526(e)(12) of the Rules. 17. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-279954A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that WGBB is apparently liable for a $6,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, WGBB-AM, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for violations of Sections 17.48(a) and 17.57 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-279955A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that New Inspiration is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSE 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, New Inspiration Broadcasting Co., Inc is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Sections 17.47(a), 17.48 and 17.51(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-280705A1.html
- of $4,000 is appropriate for this offense. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Glass is apparently liable for a ($16,000) forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Michael H. Glass is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for violations of Sections 11.35 and 73.1745(a) of the Rules, and Section 301 of the Act. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-280823A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors, we conclude that Holmes, owner of antenna structure number # 1017802, is apparently liable for $3,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Holmes Farm, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violations of Section 17.57 of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-281509A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Owner is apparently liable for a $12,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, David Ryder, Receiver is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Sections 17.4(g) and 17.50 of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-282165A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that D-Mitch is apparently liable for a $12,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, D-Mitch Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Sections 11.35(a) and 73.3526 of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-282249A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Union Pacific is apparently liable for a ($10,000) forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Union Pacific Railroad Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 17.21(a) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-282770A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Real Life is apparently liable for a $23,000 forfeiture. IV. ORDERING CLAUSES 27. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Real Life Broadcasting is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty three thousand dollars ($23,000) for violations of Sections 73.1745(a), 11.35(a), 73.49 and 73.3526(e)(12) of the Rules. 28. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-284298A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Telava is apparently liable for a $13,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Telava Wireless, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen dollars ($13,000) for violations of Sections 17.51(a) and 17.57 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-284455A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Rama is apparently liable for a $16,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Rama Communications, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for violations of Sections 11.35(a) and 73.3526 of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-285863A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that BK is apparently liable for a $2,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, BK Towers, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violation of Section 17.47(a) of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-286287A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Jacksonville is apparently liable for a $2,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Jacksonville MSA Limited Partnership is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violation of Section 17.47(a)(1) of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-286431A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Rama is apparently liable for a $25,000 forfeiture. IV. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Rama Communications, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty five thousand dollars ($25,000) for violations of Sections 17.50, 73.49, 73.1745(a) and 73.3526 of the Rules. 17. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-286481A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Qualicom is apparently liable for a $5,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Qualicom Systems, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for violations of Sections 17.4(g) and 17.48(a) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-286526A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that OMI is apparently liable for a $2,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Ozark Media, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violation of Section 17.47(a) of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-286788A1.html
- history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors, we conclude that a $23,000 forfeiture is warranted. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Black Crow Radio LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-three thousand dollars ($23,000) for violation of Sections 11.35(a), 73.44(b), 73.49 and 73.3526 of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-286789A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that PBS is apparently liable for a $13,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Perry Broadcasting Systems is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Sections 17.51(a) and 17.57 of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-286904A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Millworks is apparently liable for a $3,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Southern Classic Millworks, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violations of Section 17.4(a) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-286906A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Taylor is apparently liable for a $13,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Taylor Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Sections 17.48(a) and 73.3526 of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
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- of this Order how it achieved compliance with Section 1.903(a) of the Rules for station WHB734. Mt. Rushmore's report must be submitted in the form of an affidavit signed by an officer or director of Mt. Rushmore. IV. ORDERING CLAUSES 19. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Mt. Rushmore Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of 11.35(a), 73.3526, 1.903(a), 1.947(a), and 74.532(e). 20. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-288139A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Bethune-Cookman is apparently liable for a $18,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Bethune-Cookman College, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for violations of Section 301 of the Communications Act of 1934, as amended and Section 11.35(a) of the Commission's Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of
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- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that ERF Wireless is apparently liable for a $13,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, ERF Wireless, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Sections 17.51(b) and 17.57 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-290027A1.html
- Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, including a reduction of the $10,000 base forfeiture for Baybridge's history of compliance, we conclude that Baybridge is apparently liable for an $8,000 forfeiture. IV. ORDERING CLAUSE 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Baybridge Communications, L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 303(q) of the Act, and Sections 17.47(a), 17.48 and 17.51(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within
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- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that SDACH is apparently liable for a $19,000 forfeiture. IV. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, .314 and 1.80 of the Commission's Rules, Seventh-Day Adventist Community Health Serv. of Greater NY is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand dollars ($19,000) for violations of Sections 1.903(a), 1.903(b), and 11.35(a) of the Rules. 17. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within
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- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that MRBI is apparently liable for a $3,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Multicultural Radio Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violations of Section 17.57 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
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- the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Lazer is apparently liable for a $3,000 forfeiture for each of the antenna structures, for a total forfeiture of $6000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Lazer Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for violations of Section 17.57 of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
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- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Jackson is apparently liable for a $15,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Jackson Radio, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Sections 11.35 and 73.49 of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
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- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Foundation, Inc. is apparently liable for a $12,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, The King's Musician Educational Foundation, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Sections 17.4(g) 17.51(b) of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
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- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Burken is apparently liable for a $3,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Burken Broadcasting, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violation of Section 17.57 of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
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- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that LSM Radio is apparently liable for a $15,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, LSM Radio Partners, L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Sections 11.35(a) and 73.1125(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-293619A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Verizon is apparently liable for a $13,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Verizon Wireless (VAW) LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Sections 17.4(a) and 17.21(a) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
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- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Hawaiian Telcom is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSE 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Hawaiian Telcom, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Sections 17.6(a), 17.47(a), 17.48 and 17.51(a) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules
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- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that ECPI is apparently liable for a $13,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Electronic Corporate Pages, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Sections 17.51(b) and 17.57 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-295044A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Marconi is apparently liable for a ($2,000) forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Marconi Broadcasting Company LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violation of Section 17.47(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
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- factors to the instant case, we conclude that the structure is partially in compliance by having some form of red obstruction lighting at its top and, therefore, we find Waldec is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Waldec Enterprises, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 17.23 of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-295821A1.html
- matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Rodgson is apparently liable for a twenty-five thousand dollar ($25,000) forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Rodgson, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of Sections 11.35, 73.49, and 73.3526 of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
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- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Big Fish is apparently liable for a $20,000 forfeiture. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Big Fish Broadcasting LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of Sections 17.51(a) and 17.48 of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-296092A1.html
- the statutory factors to the instant case, we conclude that Foursquare Gospel is apparently liable for a $10,000 forfeiture. In addition, we direct Foursquare Gospel to update its antenna structure registration with a valid telephone contact number. IV. ORDERING CLAUSE 16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, International Church of the Foursquare Gospel DBA Radio Station KFSG FM is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Sections 17.6(a), 17.47(a), 17.48, and 17.51(a) of the Rules. 17. IT IS FURTHER ORDERED that,
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- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that KFW is apparently liable for a $20,000 forfeiture. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, KFW Communications LLC dba Almega Cable, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of Sections 11.35(a), 17.4(g), 17.48, and 17.51(a) of the Rules. 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-296218A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that KFW is apparently liable for an $18,000 forfeiture. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, KFW Communications LLC dba Almega Cable, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for violations of Sections 11.35(a), 17.48, and 17.51(a) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-296408A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that PRTC is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Puerto Rico Telephone Company Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Sections 17.48 and 17.51(a) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-300921A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Big Fish is apparently liable for a $20,000 forfeiture. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Big Fish Broadcasting LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of Sections 17.51(a) and 17.48 of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://transition.fcc.gov/eb/Orders/2001/da000114.doc http://transition.fcc.gov/eb/Orders/2001/da000114.html
- of the above statutory factors and the factors set forth in the Policy Statement. Taking all of these factors into account, we conclude that neither cancellation nor mitigation of the proposed forfeiture is justified and that the proper forfeiture amount is $5,000. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Hormigonera Chaparro, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for willful violation of the provisions of Section 301of the Act. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
- http://transition.fcc.gov/eb/Orders/2001/da000120.doc http://transition.fcc.gov/eb/Orders/2001/da000120.html
- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that PRTC has failed to provide sufficient justification for canceling or mitigating the proposed forfeiture amount. Therefore, we affirm the forfeiture of ten thousand dollars ($10,000). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Puerto Rico Tower Co., Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to exhibit red obstruction lighting and medium intensity obstruction lighting on its antenna structure in willful and repeated violation of Section 17.51(a) and (b) of the Rules. Payment of the forfeiture shall be
- http://transition.fcc.gov/eb/Orders/2001/da01042.doc http://transition.fcc.gov/eb/Orders/2001/da01042.html
- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Metrocall's Consent Motion to Dismiss IS GRANTED. IT IS FURTHER ORDERED that the supplemental complaint for damages in the above-captioned matter IS DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Frank Lamancusa Deputy Chief, Market Disputes Resolution Division Enforcement Bureau Telecommunications Act of 1996,
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar, Deputy Chief Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 01-67
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- forfeiture is appropriate. Applying the Forfeiture Policy Statement and statutory factors to the instant case, and based on the evidence before us, we find Telecorp Communications, Inc. apparently liable for forfeiture of $80,000 for four instances of failing to light an antenna structure. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Telecorp Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighty thousand dollars ($80,000) for violating Section 17.51 of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF
- http://transition.fcc.gov/eb/Orders/2001/da01086.doc http://transition.fcc.gov/eb/Orders/2001/da01086.html
- is $2,000 per violation. Application of the base amounts to each of the seven violations leads to a proposed forfeiture of $17,000. We find no basis for making any adjustments to this amount. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, Section 1.80 of the Commission's Rules, and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, SpectraSite Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violating Section 17.4(g) and Section 17.57 of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
- http://transition.fcc.gov/eb/Orders/2001/da01087.doc http://transition.fcc.gov/eb/Orders/2001/da01087.html
- $2,000 per violation. Application of that base amount to each of AT&T Wireless' violations would lead to a proposed forfeiture of $18,000. We find no basis for making any adjustments to this amount. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, Section 1.80 of the Commission's Rules, and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, AT&T Wireless Services, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for violating Section 17.4(g) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF
- http://transition.fcc.gov/eb/Orders/2001/da011023.doc http://transition.fcc.gov/eb/Orders/2001/da011023.html
- by promoting the private resolution of disputes and by eliminating the need for further expenditure of resources by the parties and the Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201, 202, and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201, 202, 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Joint Motion to Dismiss the complaint IS GRANTED. IT IS FURTHER ORDERED that the complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED effective immediately upon Release Date of this Order. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Federal
- http://transition.fcc.gov/eb/Orders/2001/da011040.doc http://transition.fcc.gov/eb/Orders/2001/da011040.html
- States Treasury in the amount of $75,000. We have reviewed the Consent Decree and evaluated the circumstances underlying the investigation. We believe that the public interest would be served by adopting the Consent Decree and terminating the investigatory proceeding. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, and Section 0.111 of the Commission's rules, the Consent Decree attached hereto IS ADOPTED. IT IS FURTHER ORDERED, that the above-captioned investigatory proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. §§ 301 and 310(d). Payment may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture
- http://transition.fcc.gov/eb/Orders/2001/da011044.doc http://transition.fcc.gov/eb/Orders/2001/da011044.html
- raising it during the hearing. Defendants may, however, demonstrate that the improperly assessed EUCL charges were not paid. ordering clauses ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 203(c), 206, 207 and 208 of the Communications Act of 1934 as amended, 47 U.S.C. §§ 151,154 (i), 154 (j), 201 (b), 203(c), 206, 207, and 208 and sections 0.111, 0.311, 1.722(d)(1) and 69.105(a) of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.722(d)(1) and 69.105(a), that the above-captioned complaints ARE DESIGNATED FOR A CONSOLIDATED HEARING before an Administrative Law Judge, at a time and place to be specified in a subsequent Order, upon the following issues: (1) To determine the relevant time period of each complaint pursuant to section
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- public interest by promoting the private resolution of disputes and by eliminating the need for further litigation and expenditure of resources by the parties and the Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Withdrawal of Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that the complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED effective immediately upon Release Date of this Order. FEDERAL COMMUNICATIONS COMMISSION Frank G. Lamancusa Deputy Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications
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- 2088 (1992). To support its claim of inability to pay, KYOO has submitted federal income tax returns for 1997 through 1999. In light of the evidence submitted, for which KYOO requested confidential treatment, we lower KYOO's proposed monetary forfeiture from $22,000 to $12,000. IV. ORDERING CLAUSES 6. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, KYOO Communications, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,000 for the willful violation of Sections 11.35(b), 17.50, 73.1350(c)(1) and 73.1800(a) of the Rules. 7. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of
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- 00-1016 (released May 9, 2000) ($4,000 NAL for violation of Section 73.1216 of the Commission's rules, forfeiture paid), Clear Channel Broadcasting Licenses, Inc., 15 FCC Rcd 2734 (EB 2000) ($4,000 NAL for violation of Section 73.1216 of the Commission's rules, forfeiture paid). IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80 of the Commission's rules, Capstar TX Limited Partnership is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating the 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules. 11. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within thirty
- http://transition.fcc.gov/eb/Orders/2001/da011130.doc http://transition.fcc.gov/eb/Orders/2001/da011130.html
- States Treasury in the amount of $15,000. We have reviewed the Consent Decree and evaluated the circumstances underlying the investigation. We believe that the public interest would be served by adopting the Consent Decree and terminating the investigatory proceeding. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached hereto IS ADOPTED. IT IS FURTHER ORDERED, that the above-captioned investigatory proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 310(d). Payment may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture
- http://transition.fcc.gov/eb/Orders/2001/da011142.doc http://transition.fcc.gov/eb/Orders/2001/da011142.html
- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Telepacific's Motion To Withdraw Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. § 201. (continued....) Federal Communications Commission DA
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- action. Rather, the license application or request for program test authority or STA must be granted or Allen must terminate all unauthorized operation of Station KMCA immediately. Otherwise, Allen risks loss of the license for Station KMCA as well as additional forfeiture penalties. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, M.C. Allen Productions is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for: violating Section 301 of the Act and sections 73.1615 and 73. 1620 of the Commission's rules regarding a licensee's operation during modification of facilities and a permittee's commencement of program tests;
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- the forfeiture should be reduced because it has no history of prior violations. After considering NetCom's history of compliance with the Commission's rules, we conclude that it is appropriate to reduce the forfeiture from $13,000 to $10,500. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, NetCom Technologies, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand five hundred dollars ($10,500) for failing to register its Juana Diaz, Puerto Rico antenna structure in willful and repeated violation of Section 17.4(a)(1) of the Rules and for failing to exhibit medium intensity obstruction lighting on its Juana Diaz,
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- the forfeiture based on its overall history of compliance. We find that the licensee WLDI has an overall history of compliance with the Commission's rules. We therefore grant WLDI's request for reduction of the forfeiture amount and reduce WLDI's forfeiture to $16,800. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. § 503(b) and 47 C.F.R. §§ 0.111, 0.311 and 1.80, WLDI, Inc. SHALL FORFEIT to the United States the sum of sixteen thousand eight hundred dollars ($16,800) for willfully and repeatedly violating 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. Payment of the forfeiture shall be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture
- http://transition.fcc.gov/eb/Orders/2001/da011212.doc http://transition.fcc.gov/eb/Orders/2001/da011212.html
- amount of $7,000 for transmission of indecent material. After considering all the facts and circumstances, we believe the base forfeiture amount is the appropriate sanction for the violation described above and that neither an upward nor downward adjustment should be made. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. § 503(b), and 47 C.F.R. §§ 0.111, 0.311 and 1.80, The KBOO Foundation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. 12. IT IS FURTHER ORDERED THAT, pursuant to 47 C.F.R. § 1.80, within thirty days of this NOTICE OF APPARENT LIABILITY, The KBOO Foundation
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- his radio installation. On March 23, 2001, the Commission's Seattle, Washington, Office issued a Notice of Apparent Liability for Forfeiture in the amount of seventeen thousand dollars ($17,000) to Brockway. Brockway has not filed a response. Based on the information before us, we affirm this forfeiture. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Brockway IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for violating Sections 301 and 303(n) of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release of this Order. If the forfeiture is
- http://transition.fcc.gov/eb/Orders/2001/da011314.doc http://transition.fcc.gov/eb/Orders/2001/da011314.html
- After having reviewed the record and the Consent Decree, including the incorporated Compliance Plan, we believe that the public interest will be served by adopting the Consent Decree and terminating the Enforcement Bureau's forfeiture proceeding against Natchez. 4. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order, IS ADOPTED. 5. IT IS FURTHER ORDERED that the Enforcement Bureau's forfeiture proceeding against Natchez IS TERMINATED. 6. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by Certified Mail Return Receipt Requested to Stephen Díaz Gavin, Esquire, Patton Boggs
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- set a base forfeiture amount of $7,000 for transmission of indecent or obscene materials. After considering all the facts and circumstances, we believe the base forfeiture amount is the appropriate sanction and that neither an upward nor downward adjustment should be made. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Citadel Broadcasting Company is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of Seven Thousand Dollars ($7,000.00) for willfully violating the 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's rules, within thirty days
- http://transition.fcc.gov/eb/Orders/2001/da011357.doc http://transition.fcc.gov/eb/Orders/2001/da011357.html
- operations, which typically have been subject to forfeitures of approximately $10,000. Taking these facts into consideration and all of the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 is warranted. IV. Ordering Clauses 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, WWC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 101.31 of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the Act,
- http://transition.fcc.gov/eb/Orders/2001/da011364.doc http://transition.fcc.gov/eb/Orders/2001/da011364.html
- documentation to enable us to evaluate the licensee's current financial condition, therefore, we cannot assess its ability to pay the forfeiture amount. Consequently, we must deny its request for rescission or reduction of the forfeiture based on its purported inability to pay. IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, KASA Radio of Hogar, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violating Sections 73.54(d), 73.1350(c)(1), 73.1590(a)(6), and 73.3526(a)(2) of the Commission's Rules. 6. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days of
- http://transition.fcc.gov/eb/Orders/2001/da01137.doc http://transition.fcc.gov/eb/Orders/2001/da01137.html
- Enforcement Bureau released a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of five thousand dollars ($5,000) to AA Beep. AA Beep has not filed a response. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, AA Beep IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for willful violation of the provisions of Sections 301 of the Act and Section 22.3 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days
- http://transition.fcc.gov/eb/Orders/2001/da011489.doc http://transition.fcc.gov/eb/Orders/2001/da011489.html
- history of misconduct before this agency, we believe that a forfeiture in the maximum amount of $11,000 is appropriate. Operating unlicensed radio facilities in deliberate and brazen defiance of our rules cannot and will not be tolerated. V. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to Sections 312 of the Communications Act of 1934, as amended, and Sections 1.92(d) and 0.111(a)(14) of the Commission's rules, that the captioned Amateur Radio and GMRS station licenses held by Leslie D. Brewer ARE REVOKED, effective on the 40th day after release of this Order, unless Mr. Brewer files a petition for reconsideration within 30 days of release of this Order, in which case the effective date will be suspended pending further order of the
- http://transition.fcc.gov/eb/Orders/2001/da011580.doc http://transition.fcc.gov/eb/Orders/2001/da011580.html
- Director of the Enforcement Bureau's San Francisco Field Office issued a Notice of Apparent Liability (``NAL'') for Forfeiture in the amount of ten thousand dollars to Mr. Nakamura. Mr. Nakamura has not filed a response. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's Rules, Joshie Yasin Nakamura, Sr. a/k/a Marvin Eugene Barnes IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violating Section 301 of the Act by operating an unlicensed amateur radio station. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules,
- http://transition.fcc.gov/eb/Orders/2001/da011581.doc http://transition.fcc.gov/eb/Orders/2001/da011581.html
- 2001, the District Director of the Enforcement Bureau's Atlanta Field Office issued a Notice of Apparent Liability (``NAL'') for Forfeiture in the amount of twenty-four thousand dollars to Zachery. Zachery has not filed a response. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's Rules, Zachery Broadcasting Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of $24,000 for violating sections 11.35(a), 17.4(a), 17.48, 17.49, 17.50, 17.56, 73.49, and 73.3526 of the Rules in its operation of WDWZ(AM). 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's
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- See Station KGVL, Inc., 42 FCC 2d 258, 259 (1973). Finally, USA Tower argues that we should consider its history of overall compliance with the Rules. We will do so and reduce the $10,000 forfeiture to $8,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, USA Tower IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for failure to exhibit red obstruction lighting on its antenna structure in willful violation of Section 17.51(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- Office released a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of three thousand dollars ($3,000) to Mitchell. Mitchell has not filed a response to the NAL. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Mitchell Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willful violation of Section 17.4 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release of this Order. If the
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- the Commission), which have been subject to forfeitures of approximately $10,000. Taking these facts into consideration in conjunction with the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 is warranted. IV. Ordering Clauses 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules Verizon is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 22.3 of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the Act
- http://transition.fcc.gov/eb/Orders/2001/da011746.doc http://transition.fcc.gov/eb/Orders/2001/da011746.html
- Liability for Forfeiture (``NAL'') in the amount of ten thousand dollars ($10,000) to HCTV. HCTV has not filed a response to the NAL. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Ho'ona'auao Community TV, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willful violation of Section 73.3527(c)(1) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
- http://transition.fcc.gov/eb/Orders/2001/da011747.doc http://transition.fcc.gov/eb/Orders/2001/da011747.html
- Liability for Forfeiture (``NAL'') in the amount of seven thousand dollars ($7,000) to NEPC. NEPC has not filed a response to the NAL. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Northeast Passage Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willful violation of Sections 17.4(a) and 1.89(b) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- the proposed forfeiture or any further mitigation. We have examined Shepler's response to the NAL in light of the factors specified in the Policy Statement and in Section 1.80(b)(4) of the Rules and we conclude that $2,200 is the proper forfeiture amount. IV. Ordering Clauses 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 506(a) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Shepler's IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,200 for violation of the Great Lakes Agreement and Sections 80.953(a) and 80.953(b) the Commission's Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release
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- Squaw Mountain site, a forfeiture proceeding is not an appropriate vehicle for seeking reinstatement of a cancelled license. If Falcon wishes to seek reinstatement of the license, it should file a request for reinstatement with the Wireless Telecommunications Bureau. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Falcon Radio, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for unauthorized operation of a radio station in willful and repeated violation of Section 301 of the Act. IT IS FURTHER ORDERED that the forfeiture in the amount of twenty thousand dollars ($20,000) issued to Falcon Radio,
- http://transition.fcc.gov/eb/Orders/2001/da011858.doc http://transition.fcc.gov/eb/Orders/2001/da011858.html
- to operate his amateur station until September 1, 2003. He has not operated his amateur radio station since turning in the license. In addition, Mr. Chan has submitted financial data demonstrating that he is unable to pay the proposed forfeiture. Accordingly, we conclude that cancellation of the proposed $7,500 forfeiture is warranted. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the forfeiture in the amount of seven thousand five hundred dollars ($7,500) proposed in the March 10, 1999 NAL issued to Kornwell Chan IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail Return Receipt Requested to Kornwell Chan, 1919 Audubon Drive, Dresher, Pennsylvania 19025. FEDERAL
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- assertion that he lacked the necessary apparatus and the technical ability cannot excuse his failure to make an independent determination. We conclude that there is no basis for rescission or mitigation of the proposed monetary forfeiture and that $2,000 is the proper amount. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Mike Morrison IS LIABLE FOR A MONETARY FORFEITURE in the amount $2,000 for willfully and repeatedly violating the provisions of Section 302 of the Act, which prohibits the sale of noncompliant radio frequency devices. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within
- http://transition.fcc.gov/eb/Orders/2001/da011920.doc http://transition.fcc.gov/eb/Orders/2001/da011920.html
- for violations at WBOT that are separate and distinct from the violations in this case. Consequently, Radio One does not have an overall history of compliance with the Commission's Rules, and a reduction of the forfeiture on this basis is not warranted. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Radio One Licenses, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-one thousand five hundred dollars ($21,500) for violating Sections 11.35(a), 73.1125(e), 73.1350(c)(1), 73.1800(a), and 73.3526(a)(2) of the Commission's Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30
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- to the statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Hancock willfully violated Sections 11.35(a) and 73.49 of the Rules, but we reduce the forfeiture amount from $15,000 to $3,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Hancock Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for failure to install its EAS equipment so the monitoring and transmitting functions are available in willful violation of Section 11.35(a) of the Rules and failure to enclose its AM antenna tower within an effective locked fence
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- After having reviewed the record and the Consent Decree, including the incorporated Compliance Plan, we believe that the public interest will be served by adopting the Consent Decree and terminating the Enforcement Bureau's forfeiture proceeding against Bronco. 4. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order, IS ADOPTED. 5. IT IS FURTHER ORDERED that the Enforcement Bureau's forfeiture proceeding against Bronco IS TERMINATED. Brown & Saul, P.C., 633 17th Street, Suite 2700, Denver, Colorado 80202, and to Bronco Broadcasting Co., Inc., 3713 Highway 94 North, St. Charles, Missouri 63301. FEDERAL COMMUNICATIONS COMMISSION David
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- NAL pursuant to the statutory factors set forth above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Mega has not provided a sufficient justification for remitting or mitigating the proposed monetary forfeiture. IV. Ordering Clauses 9. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Mega IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willful violation of the provisions of 17.51(a) of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- forfeiture proposed in the NAL, we note that photographs taken at the time of the inspection clearly show that the ASR number was not posted either on the base of the tower or on the sign attached to the fence surrounding the tower. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, American InfoAge, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willful violation of Section 17.51(b) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- evidence relating to this matter, we conclude that there are no substantial and material questions of fact as to whether Verizon possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act, 47 U.S.C. § 154(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the Commission staff inquiry into the matter described here IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) File No. EB-01-IH-0236
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- (2000). Each of these licensees waived his or her right to hearing and requested that the license issued in his or her name be cancelled. 3. Administrative Law Judge Arthur I. Steinberg terminated the hearing with respect to these licensees and certified the matter to the Commission. Memorandum Opinion and Order, FCC 00M-58 (released October 26, 2000). Pursuant to Section 0.111(a)(14) of the Commission's rules, 47 C.F.R. § 0.111(a)(14), the Enforcement Bureau is delegated the authority to issue an appropriate order in this matter. Having reviewed the facts and circumstances relating to these licenses and the statements submitted by the named licensees, we find that it is appropriate to cancel the authorizations in accordance with the requests of the named licensees.
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of AT&T Corp. to Extend Time in Which to Convert Informal Complaints to Formal Complaints and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R.
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of Sprint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date on which Sprint must convert the above-captioned informal complaint
- http://transition.fcc.gov/eb/Orders/2001/da012177.doc http://transition.fcc.gov/eb/Orders/2001/da012177.html
- statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Rego has provided no basis for rescission or mitigation of the proposed monetary forfeiture and that $6,500 is the appropriate forfeiture amount. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Rego, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand five hundred dollars ($6,500) for failure to install and maintain operational EAS equipment, failure to have a remote control system at the main studio able to provide sufficient transmission system monitoring and control capability, and failure to maintain a station
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- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Broadwing has failed to provide sufficient justification for canceling or mitigating the proposed forfeiture amount. Therefore, we affirm the forfeiture of thirteen thousand dollars ($13,000). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Rio Grande Transmission, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen thousand dollars ($13,000) for willful violations of Section 303(q) of the Act and Sections 17.23 and 17.57 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- and independent contractors.6 Thus, SpectraSite is responsible for the acts and omissions of its monitoring service. Finally, although SpectraSite took expedient measures to correct the violation, its remedial actions, while commendable, are not a mitigating factor.7 IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),8 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,9 SpectraSite Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violating Section 17.51(a) of the Rules by failing to exhibit red obstruction lighting from sunset to sunrise on April 5, 2001. 6. Payment of the forfeiture shall be made in the manner provided for in Section
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- Bureau's New Orleans Field Office issued a $25,000 Notice of Apparent Liability for Forfeiture to Willis.2 Willis did not file a response. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. 3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules,4 Willis Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $25,000 for violating Sections 1.89(b), 11.35(a), 17.4(a)(2), and 73.3526(c) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of AT&T Corp. to Extend Time in Which to Convert Informal Complaints to Formal Complaints and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718,
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- the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 202(a), 203(c), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 201(b), 202(a), 203(c), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Joint Motion to Dismiss with Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 202(a), 203(c), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 201(b), 202(a), 203(c), and 208, and the authority delegated in sections
- http://transition.fcc.gov/eb/Orders/2001/da012505.html http://transition.fcc.gov/eb/Orders/2001/da012505.pdf
- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 222(e) of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and 222(e), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Yellow Book's Motion For Voluntary Dismissal IS GRANTED. 4. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 222(e) of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and 222(e), and the authority delegated in sections 0.111 and 0.311 of the
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of AT&T Corp. to Extend Time in Which to Convert Informal Complaints to Formal Complaints and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718,
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- the Commission), which have been subject to forfeitures of approximately $10,000. Taking these facts into consideration in conjunction with the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 is warranted. IV. Ordering Clauses 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Verizon is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 22.3 of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the Act
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- WWC's arguments that the stations were being operated to support valuable services and no harm resulted. Notwithstanding the services WWC may have provided, this does not change our finding that WWC violated our rules by operating the subject stations without Commission authorization. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act,15 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,16 WWC License LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for operation of microwave radio stations WPJE660, WPJD256, and WPJA761 without a valid license in willful and repeated violation of Section 301 of Act and Section 101.31 of the Rules. 12. Payment of the forfeiture shall be
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- and on at least one occasion stated that the violations would not be repeated. Nonetheless, our investigation revealed that Mr. Kramer again violated our rules in February 2001. Thus, imposition of a forfeiture in at least the amount of $9,500 is warranted.7 IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,8 Klaus D. Kramer IS LIABLE FOR A MONETARY FORFEITURE in the amount of nine thousand five hundred dollars ($9,500) for operating radio transmitters without Commission authorization in willful and repeated violation of Section 301 of the Act. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- With respect to the main studio, section 73.1125(e) of the Commission's rules, 47 C.F.R. 73.1125(e), requires broadcast licensees to maintain a local telephone number in their community of license or a toll-free number. 7. Initially, we reject Allen's argument that we had no authority to investigate and act upon matters in addition to the one referred by the Commission. Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, give the Enforcement Bureau primary responsibility for enforcing the Commission's rules relative to broadcast operations. Our investigation into whether Allen operated KMCA in accordance with those rules involves nothing more than action within the scope of that authority. Further, nothing in the Commission's Order limited the scope of the
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- this proceeding the sentences in the NAL that, ``At the time of the inspection, Two Rivers maintained a manager responsible for accounts receivable and a receptionist.'' and ``All station operations, other than accounts receivable, were under the direction and oversight of Wilks.'' IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 Barnstable Broadcasting, Inc., dba Two Rivers Broadcasting Limited Partnership IS LIABLE FOR A MONETARY FORFEITURE in the amount of sixteen thousand dollars ($16,000) for failure to determine and log the reasons why EAS tests were not being received and failure to maintain lighting in operational condition in willful and repeated violation of Sections 11.35(a)
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- in conjunction with the Policy Statement as well. As a result of our review, we conclude that Eure has failed to provide sufficient justification for canceling or mitigating the proposed forfeiture amount. Therefore, we affirm the forfeiture of eight thousand dollars ($8,000). IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Eure Family Limited Partnership, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for failure to exhibit red obstruction lighting on its antenna structure between sunset and sunrise in willful violation of Section 17.51(a) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided
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- response to the NAL on August 7, 2001 accompanied by documentation regarding his ability to pay the proposed forfeiture. After reviewing Mr. Pettrey's response, we conclude that cancellation of the proposed $10,000 forfeiture is warranted based on Mr. Pettrey's inability to pay the proposed forfeiture. 3. Accordingly, IT IS ORDERED that, pursuant to Section 504(b) of the Act3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 the forfeiture in the amount of ten thousand dollars ($10,000) proposed in the July 30, 2001 NAL issued to Jeffrey Alan Pettrey IS CANCELLED. 4. IT IS FURTHER ORDERED that, a copy of this Order shall be sent by Certified Mail Return Receipt Requested to Jeffrey Alan Pettrey at 4014 West Main Street,
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- the statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that MAPA willfully violated Sections 11.35(a) and 73.49 of the Rules, but we reduce the forfeiture amount from $15,000 to $2,500. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,7 MAPA Broadcasting, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand five hundred dollars ($2,500) for failure to install its EAS equipment so the monitoring and transmitting functions are available in willful violation of Section 11.35(a) of the Rules and failure to enclose its AM antenna tower within an effective
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Joint Motion to Dismiss Supplemental Complaint With Prejudice IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the
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- frequency without a license. 2. On September 10, 2001, the Commission's Dallas, Texas, Office issued a Notice of Apparent Liability for Forfeiture in the amount of $10,000 to Merrell.2 Merrell has not filed a response. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Merrell IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violating Section 301 and of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules5 within 30 days of the release of this Order. If the forfeiture is
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 208, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Joint Motion to Dismiss IS GRANTED. 5. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 208, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R.
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- of $50,000 to relocate. Given Rebus's financial situation, we believe that assessment of the full forfeiture amount would impose a financial hardship. Therefore, we conclude that a reduction of the forfeiture amount to $1,000 is appropriate. IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Rebus, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for violating Section 11.35(a) of the Rules by operating station WTAL(AM) without the required EAS equipment. 6. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days
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- Agent Office issued a Notice of Apparent Liability for Forfeiture in the amount of thirteen thousand dollars ($13,000) to Netcom for the noted violations. Netcom has not filed a response. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Netcom Technologies, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen thousand dollars ($13,000) for failing to register its Juana Diaz, Puerto Rico antenna structure in willful and repeated violation of Section 17.4(a)(1) of the Rules and for failing to exhibit medium intensity obstruction lighting on its Juana Diaz, Puerto Rico
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- to properly file its renewal application, ``[l]icensees are expected to know and comply with the Commission's rules, and will not be excused for violations thereof, absent clear mitigating circumstances.'' Econopage has not presented mitigating circumstances that would warrant reducing the forfeiture amount. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Econopage of Cleveland, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for violating Section 301 of the Act and Section 22.3 of the Rules by operating station KNKJ435 without a license. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80
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- the Mayflower Compact, and his birth certificate. Although he did not timely file his second set of documents, our review of the documents revealed nothing responsive to the facts alleged in the NAL. Additionally, nothing in the documents persuades us to reduce the $10,000 forfeiture. 4. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's Rules (``Rules''), Mr. Rowland IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days of the release of this Forfeiture Order.
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- willful broadcast of indecent material on three separate occasions. In determining the amount of the forfeiture, we considered, but ultimately found insignificant, the fact that there was a transfer of control of WLDI, Inc. subsequent to the broadcasts in question. Ordering Clauses ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that WLDI, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty one thousand dollars ($21,000) for willfully and repeatedly violating 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days
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- radio station's Equivalent Isotropically Radiated Power (``EIRP'') is 63.4 dBm. Converting the radio station's EIRP of 63.4 dBm to an equivalent ERP results in an ERP of 61.3 dBm, which is greater than the 55 dBm ERP limit set by Section 101.31(b)(1)(vii) of the Rules. 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Califormula IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days of the release of this Forfeiture Order. If the forfeiture
- http://transition.fcc.gov/eb/Orders/2001/da01368.doc http://transition.fcc.gov/eb/Orders/2001/da01368.html
- is $2,000 per violation. Application of that base amount to each of VoiceStream's violations would lead to a proposed forfeiture of $24,000. We find no basis for making any adjustments to this amount. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, Section 1.80 of the Commission's Rules, and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, VoiceStream PCS I License L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-four thousand dollars ($24,000) for violating Section 17.4(g) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE
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- profit and loss statements indicate that it had gross revenues of $237,171.30 in 1997, $190,935.93 in 1998, and $231,332.82 in 1999. The proposed forfeiture amount of $5,000 is not excessive in the context of these revenues. Therefore, we affirm the forfeiture of $5,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Joe L. Ford, d/b/a Ford Communications, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, and Section 22.3 of the Commission's Rules. Payment of the forfeiture shall be made in the manner provided for in
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- On December 16, 1999, Checkpoint filed an application for renewal of the authorization for that station and requested a waiver of Section 1.949(a) of the Rules. On April 3, 2000, the Commission granted Checkpoint's waiver request and reinstated its authority to operate Station WPCA811. On December 14, 2000, the Enforcement Bureau, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80 of the Rules, issued the referenced NAL in the amount of five thousand dollars ($5,000) to Checkpoint for operating without a valid license. In its response to the NAL, Checkpoint argues that the one-year statute of limitations in Section 503(b)(6)(B) prohibits the Commission from imposing the proposed forfeiture. In support of its assertion, Checkpoint states that it
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- proposed forfeiture was assessed for AT&T's alleged operation of a PCS station without authorization from a site in Humacao, Puerto Rico. Based on AT&T's response, it is clear that AT&T did not engage in the operation at issue in the Notice of Apparent Liability for Forfeiture. 2. Accordingly, IT IS ORDERED, pursuant to Section 504(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, that the Notice of Apparent Liability for Forfeiture issued to AT&T IS RESCINDED. 3. IT IS FURTHER ORDERED that, a copy of this Order shall be sent certified mail, return receipt requested, to AT&T Wireless PCS, Inc., 1150 Connecticut Avenue, N.W., 4th Floor, Washington, D.C. 20036. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement
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- a renewal application. In this case, however, $6,000 is justified because of the large number of stations involved (11). 8. We conclude that there is no basis for rescission or mitigation of the proposed monetary forfeiture and that $6,000 is the proper amount. Ordering Clauses 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Commercial Radio IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,000 for repeatedly violating the provisions of Section 301 of Act and Section 1.903 of the Rules, which prohibit operation of a station without authorization from the Commission. 10. Payment of the forfeiture shall be made in the manner provided for in
- http://transition.fcc.gov/eb/Orders/2001/da01456.doc http://transition.fcc.gov/eb/Orders/2001/da01456.html
- impose a forfeiture for the base amount of $4,000. Accordingly, IT IS ORDERED, that El Mundo's ``petition for reconsideration'' filed November 22, 2000, IS GRANTED to the extent that we approve a reduction of the proposed forfeiture amount from $6,000 to $4,000. IT IS FURTHER ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, El Mundo Broadcasting Corporation, licensee of Stations WKAQ(AM), San Juan, PR, and WUKQ(AM), Ponce, PR, shall FORFEIT to the United States the sum of Four Thousand Dollars ($4,000.00), for willfully and repeatedly violating Section 73.1206 of the Commission's rules. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent
- http://transition.fcc.gov/eb/Orders/2001/da01458.doc http://transition.fcc.gov/eb/Orders/2001/da01458.html
- NAL. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. However, ten thousand dollars ($10,000) is the base amount for this violation. Therefore, we are reducing the forfeiture amount to ten thousand dollars ($10,000) on our own motion. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Dr. John G. Pierre IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willful violation of the provisions of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release of
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- a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of five thousand dollars ($5,000) to Ohio Bell. Ohio Bell has not filed a response to the NAL. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, the Ohio Bell Telephone Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for willful violation of the provisions of Section 301 of the Act and Section 22.3 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules
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- twenty-year operation of WCVP. During our review of FCC records, we found that Cherokee Broadcasting had a history of overall compliance with the Rules. Consequently, in this case, we will reduce the $8,000 forfeiture to $6,500. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934 (``Act''), as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Cherokee Broadcasting IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,500 for willfully violating Section 11.35(a) of the Rules requiring it to have operating EAS equipment in place. 8. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules, within 30 days of the
- http://transition.fcc.gov/eb/Orders/2001/da01504.doc http://transition.fcc.gov/eb/Orders/2001/da01504.html
- false activations, we find that the proposed forfeiture amount of $8,000 is excessive. Taking the above statutory factors into account as well as the factors set forth in the Policy Statement, we conclude that the proposed monetary forfeiture should be mitigated to $2,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Oahu Aviation IS LIABLE FOR A MONETARY FORFEITURE in the amount $2,000 for repeatedly violating the provisions of Section 87.193 of the Rules, which permits an ELT to be activated only as a locating aid for survival purposes. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Radford has failed to provide sufficient justification for canceling or mitigating the proposed forfeiture amount. Therefore, we affirm the forfeiture of three thousand dollars ($3,000). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Radford Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for failure to register its antenna structure in willful violation of Section 17.4(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- set a base forfeiture amount of $7,000 for transmission of indecent/obscene materials. After considering all the facts and circumstances, we conclude that the base forfeiture amount is the appropriate sanction and that neither an upward nor downward adjustment should be made. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. § 503(b) and 47 C.F.R. §§ 0.111, 0.311 and 1.80, Infinity Radio License, Inc. FORFEIT to the United States the sum of seven thousand dollars ($7,000) for willfully violating 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. 13. Payment of the forfeiture shall be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture Collection Section,
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- reference. Following our adoption of this Order, TMS will institute a compliance plan and will make a voluntary contribution to the United States Treasury of $15,000. We believe that the public interest would be served by approving the Consent Decree and terminating our inquiry. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j) and 503(b) of the Act, and Sections 0.111 and 0.311 of the Commission's Rules, that the attached Consent Decree IS ADOPTED. TMS shall make its voluntary contribution to the United States Treasury by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Federal Communications Commission, Forfeiture Collection Section, Finance Branch, P.O. Box 73482, Chicago, Illinois 60673-7482. The payment should reference
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- will not excuse its past violations. After reviewing Section 503(b)(2)(D) of the Communications Act of 1934 (``Act''), as amended, section 1.80 of the Rules, the facts, and TeleCorp's response to the NAL, we believe that the $80,000 forfeiture is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Rules, TeleCorp IS LIABLE FOR A MONETARY FORFEITURE in the amount of $80,000 for willfully and repeatedly violating Section 17.51 of the Rules requiring it to have operating antenna structure lighting. 12. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules, within 30 days of the
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- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Eschelon's Motion to Dismiss Without Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITHOUT PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 01-642 Federal Communications Commission
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- the NAL, K.I.D.S. - TV6 transferred control of K06MU to Bear Valley Broadcasting, Inc. prior to having received Commission authorization to do so. Having received nothing to suggest otherwise, we conclude that the unauthorized transfer occurred and that imposition of the forfeiture is warranted. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to 47 U.S.C. § 503(b) and 47 C.F.R. §§ 0.111, 0.311 and 1.80, that K.I.D.S. - TV6 FORFEIT to the United States the sum of eight thousand dollars ($8,000) for willfully and repeatedly violating 47 U.S.C. § 310(d) and 47 C.F.R. § 73.3540(a). Payment of the forfeiture shall be made by mailing a check or money order, payable to the order of the Federal Communications Commission, to the Forfeiture Collection
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- stated, Section 17.57 of the Rules requires SpectraSite to immediately notify the Commission of any change in tower ownership. Compliance with this rule obviates the need to send copies of violation notices to any entity other than the tower owner of record. IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, SpectraSite Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violating Sections 17.57 and 17.4(g) of the Rules by failing to notify the Commission of changes in tower ownership, failing to post ASR numbers, and in one instance, failing to post the correct ASR number. 6.
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- forfeiture is warranted. In conclusion, after reviewing Section 503(b)(2)(D) of the Communications Act of 1934 (``Act''), as amended, Section 1.80 of the Rules, the facts, and AT&T Wireless' opposition to the NAL, we believe that a $14,000 forfeiture is appropriate. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, as amended, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, AT&T Wireless IS LIABLE FOR A MONETARY FORFEITURE in the amount of $14,000 for willfully and repeatedly violating Section 17.4(g) of the Rules requiring it to post ASR numbers at the base of its antenna structures. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
- http://transition.fcc.gov/eb/Orders/2001/da01714.doc http://transition.fcc.gov/eb/Orders/2001/da01714.html
- statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Page-Comm has failed to provide sufficient justification for canceling the proposed forfeiture amount, but has provided justification for reducing it to $3,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Page-Comm IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for operating a paging system without Commission authorization in willful and repeated violation of Section 301 of the Act and Section 22.3 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section
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- alleged inability to pay. After reviewing T & W Communications's financial documentation, we find that the $6,500 proposed forfeiture is reasonable given its gross receipts or sales of $510,816 (1997), $406,814 (1998), $511,304 (1999), and $370,928 (through September of 2000). IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, as amended, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, T & W Communications IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,500 for violating Sections 17.4(a)(2) and 73.49 of the Rules requiring it to register its antenna structure and to enclose that antenna structure with an effective locked fence. 6. Payment of the forfeiture shall be made in the manner provided
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- States Treasury in the amount of $20,000.00. We have reviewed the Consent Decree and evaluated the circumstances underlying the investigation. We believe that the public interest would be served by adopting the Consent Decree and terminating the investigatory proceeding. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, and Section 0.111 of the Commission's rules, the Consent Decree attached hereto IS ADOPTED. IT IS FURTHER ORDERED, that the above-captioned investigatory proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 310(d). Payment may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture Collection Section,
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- New Orleans, Louisiana Field Office issued a Notice of Apparent Liability for Forfeiture in the amount of fourteen thousand dollars ($14,000) to Christian Broadcasting for the noted violations. Christian Broadcasting has not filed a response. Therefore, we affirm this forfeiture. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Christian Broadcasting Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of fourteen thousand dollars ($14,000) for failing to respond to Commission correspondence in willful violation of Section 1.89(b) of the Rules, and for failing to register the antenna structure of radio station WBOK in willful violation of Section 17.4(a) of the Rules.
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- and such other matters as justice may require.'' 12 FCC Rcd at 17110. After reviewing all of the circumstances, we believe a $21,000 forfeiture is appropriate in this case for the apparent broadcast of indecent material on three separate occasions. Ordering Clauses ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Telemundo of Puerto Rico License Corp. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty one thousand dollars ($21,000) for willfully and repeatedly violating 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules,
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- for transmission of indecent/obscene materials. After considering all the facts and circumstances, we believe the base forfeiture amount is the appropriate sanction for each of the two violations described above and that neither an upward nor downward adjustment should be made. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. § 503(b), and 47 C.F.R. §§ 0.111, 0.311 and 1.80, Citicasters Co. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willfully and repeatedly violating 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. 10. IT IS FURTHER ORDERED THAT, pursuant to 47 C.F.R. § 1.80, within thirty days of this NOTICE OF APPARENT LIABILITY, Citicasters Co.
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- assignment or transfer of control.'' As detailed in the NAL, Citicasters assumed control of WBTJ(FM) without having received Commission authorization to do so. Having received nothing to suggest otherwise, we conclude that the unauthorized transfer occurred and that imposition of the forfeiture is warranted. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to 47 U.S.C. § 503(b) and 47 C.F.R. §§ 0.111, 0.311 and 1.80, that Citicasters Co. FORFEIT to the United States the sum of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating 47 U.S.C. § 310(d) and 47 C.F.R. § 73.3540(a). Payment of the forfeiture shall be made by mailing a check or money order, payable to the order of the Federal Communications Commission, to the Forfeiture Collection Section,
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- in conjunction with the Policy Statement as well. As a result of our review, we conclude that VoiceStream has provided a sufficient justification for mitigating the proposed forfeiture amount to $21,000, but has not provided a sufficient justification for any further mitigation. IV. Ordering Clauses 13. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, VoiceStream IS LIABLE FOR A MONETARY FORFEITURE in the amount of $21,000 for willful violation of the provisions of 17.4(g) of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release of this Order. If
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- States Treasury in the amount of $10,000. We have reviewed the Consent Decree and evaluated the circumstances underlying the investigation. We believe that the public interest would be served by adopting the Consent Decree and terminating the investigatory proceeding. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, and Section 0.111 of the Commission's rules, the Consent Decree attached hereto IS ADOPTED. IT IS FURTHER ORDERED, that the above-captioned investigatory proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 310(d). Payment may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture Collection Section,
- http://transition.fcc.gov/eb/Orders/2001/da01869.doc http://transition.fcc.gov/eb/Orders/2001/da01869.html
- States Treasury in the amount of $15,000.00. We have reviewed the Consent Decree and evaluated the circumstances underlying the investigation. We believe that the public interest would be served by adopting the Consent Decree and terminating the investigatory proceeding. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, and Section 0.111 of the Commission's rules, the Consent Decree attached hereto IS ADOPTED. IT IS FURTHER ORDERED, that the above-captioned investigatory proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. §§ 301 and 310(d). Payment may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture
- http://transition.fcc.gov/eb/Orders/2001/da01870.doc http://transition.fcc.gov/eb/Orders/2001/da01870.html
- for transmission of indecent/obscene materials. After considering all the facts and circumstances, we believe the base forfeiture amount is the appropriate sanction for each of the two violations described above and that neither an upward nor downward adjustment should be made. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. § 503(b), and 47 C.F.R. §§ 0.111, 0.311 and 1.80, Emmis FM License Corp. of Chicago is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willfully and repeatedly violating 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. 10. IT IS FURTHER ORDERED THAT, pursuant to 47 C.F.R. § 1.80, within thirty days of this NOTICE OF
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- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that WorldCom's and SBC's Joint Motion to Dismiss IS GRANTED. IT IS FURTHER ORDERED that the supplemental complaint for damages in the above-captioned matter IS DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau Telecommunications
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- KNKC934 without Commission authorization between April 1, 1999 and December 27, 1999. Taking the above statutory factors into account as well as the factors set forth in the Policy Statement, we conclude that the proposed monetary forfeiture should be mitigated to $2,000. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Star IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for operating a paging system without Commission authorization in willful and repeated violation of Section 301 of the Act and Section 22.3 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in
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- radio operation from an unlicensed frequency, and claims that such operation was caused by a malfunctioning transmitter. We have considered Callcomm's arguments and reviewed the record, and we conclude that the record is insufficient to support a finding that Callcomm operated an unlicensed radio station. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 504(b) of the Act, and Sections 0.111, 0.311, and 1.80 of the Commission's Rules (``Rules''), the monetary forfeiture issued against Callcomm IS RESCINDED, and that pursuant to Section 1.106 of the Rules, Callcomm's Petition for Reconsideration IS GRANTED to the extent indicated herein and IS DENIED in all other aspects. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail
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- charges on independent payphone providers by certain local exchange carriers. The complaints listed in the caption above were inadvertently omitted from the April 13 Liability Order. ACCORDINGLY, IT IS ORDERED, pursuant to Sections 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 201(b), and 208 and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the above-captioned cases shall be added to the caption of the April 13 Liability Order and shall be covered by the determinations therein. Federal Communications Commission Radhika Karmarkar Deputy Chief Market Disputes Resolution Division Enforcement Bureau C. F. Communications Corp., et al. v. Century Telephone of Wisconsin,
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- of Apparent Liability for Forfeiture (``NAL'') in the amount of thirteen thousand five hundred dollars ($13,500) to Mr. Smith for the noted violations. Mr. Smith has not filed a response. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Jerry Smith IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen thousand dollars ($13,500) for operating a CB Radio Station with a non-type-accepted transmitter, with a transmitter output power greater than four watts carrier power in the AM (A3) mode, and with an external RF power amplifier, in willful and repeated violation
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- traffic transferred to switch-based resellers. Rather, with respect to the latter traffic, the Defendants must provide Verizon information that enables it to identify resellers responsible for compensation. 21. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and 276, and sections 0.111, 0.311, 1.722, 64.1300, and 64.1310 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.722, 64.1300, and 64.1310, that Verizon and the Defendants must file a joint statement consistent with this Order within thirty (30) days after the Order is released. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary The original named complainants in these actions were Bell Atlantic-Delaware, Inc.; Bell
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- its remedial actions, while commendable, are not a mitigating factor.5 However, after considering Palouse's overall history of compliance with the Commission's Rules, we conclude that it is appropriate to reduce the forfeiture from $10,000 to $8,000. IV. ORDERING CLAUSES 4. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),6 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,7 Palouse Country, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Sections 73.1400(a)(1)(ii), 73.1560(a), 73.1580, and 73.1870(c)(3) of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules,8 within 30 days of the release of
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- promoting the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's Rules, 47 C.F.R. 0.111 and 0.311, that the Joint Motion to Dismiss the above-captioned complaint with prejudice is GRANTED. 5. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1020A1.pdf 2.
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- successor's basic tier rates. Nor did the Prior Order prohibit the LFA from filing a complaint against the CPST rates of Operator's successor, which it did not. We are not persuaded by the LFA's arguments that the Cable Services Bureau erred by dismissing the pending complaints against Operator in the Prior Order. 7. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.106 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.106, that the LFA's Petition for Reconsideration of In the Matter of Booth American Company d/b/a Bloomfield Cable TV, DA 97-1204, 12 FCC Rcd. 1711 (1997) IS DENIED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for
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- 60 days of the release of this Order. 5. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 6. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- order Operator to refund this amount, plus any additional interest accrued to the date of refund, to its CPST subscribers within 60 days of the release of this Order. 7. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R 1.106, that Operator's Petition for Reconsideration IS DISMISSED. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 76.962, that Operator shall refund to subscribers in the franchise area referenced above the total amount of $27,533.00, plus any additional interest accrued between April 30, 2002 and the date of refund, within 60 days of the release of this Order. 9. IT IS FURTHER ORDERED, pursuant to
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- does not exceed its MPR, we find Operator's actual CPST rate of $9.16 to be reasonable, effective November 1, 1995. Upon review of Operator's FCC Form 1240, for the projected period June 1, 1996 through May 31, 1997, we find Operator's actual CPST rate of $8.95, effective June 1, 1996, to be reasonable. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $8.71, charged by Operator in the community referenced above, effective May 15, 1994 through July 14, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $10.42, charged
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- of the parties and of this Commission until such time as may actually be necessary. 6. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Petition for Additional Extension of Time filed by Indiana Paging Network, Inc. IS GRANTED. 7. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the dates on which
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- of $3.14 for a total MPR of $11.32, effective January 1, 1999. Because Operator's actual CPST rate of $18.28, effective January 1, 1999 through March 31, 1999, exceeds its revised MPR of $11.32, we find Operator's actual CPST rate of $18.28, effective January 1, 1999 through March 31, 1999, to be unreasonable.30 14. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount
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- we find Operator's actual CPST rate of $11.20, effective January 1, 1995 through March 31, 1995, to be unreasonable. 6. Upon review of Operator's FCC Form 1210 covering the period January 1, 1995 through March 31, 1995, we find Operator's actual CPST rate of $11.53, effective April 1, 1995, to be reasonable. 7. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.44, charged by Operator in the community referenced above, effective July 15, 1994 through October 31, 1994, IS UNREASONABLE 8. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.20,
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- Refund Order. Our total calculation, including three percent franchise fees and interest through February 28, 2002, equals $3,088.38. We order Operator to refund this amount, plus any additional interest accrued from February 28, 2002 to the date of refund, to its CPST subscribers within 60 days of the release of this Order. 4. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 76.962, that Operator's Refund Plan IS NOT ACCEPTED. 5. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 76.962, that Operator shall refund to subscribers in the franchise area referenced above the total amount of $3,088.38, plus
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- we find Operator's actual CPST rate of $11.51, effective January 1, 1995 through March 31, 1995, to be unreasonable. 6. Upon review of Operator's FCC Form 1210 covering the period January 1, 1995 through March 31, 1995, we find Operator's actual CPST rate of $11.63, effective April 1, 1995 to be reasonable. 7. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.44, charged by Operator in the community referenced above, effective July 15, 1994 through August 31, 1994, IS UNREASONABLE 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of
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- we find Operator's actual CPST rate of $11.34, effective February 1, 1995 through March 31, 1995, to be unreasonable. 6. Upon review of Operator's FCC Form 1210 covering the period January 1, 1995 through March 31, 1995, we find Operator's actual CPST rate of $11.46, effective April 1, 1995, to be reasonable. 7. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.13, charged by Operator in the community referenced above, effective July 15, 1994 through January 31, 1995, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of
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- actual CPST rate of $11.38, effective July 15, 1994 through Sep 30, 1995, to be unreasonable. 6. Upon review of Operator's FCC Form 1210, covering the period April 1, 1994 through September 30, 1995, we find Operator's actual CPST rate of $11.38, effective October 1, 1995, to be reasonable. 16 Ordering Clauses 7. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 76.962, that Operator's refund plan IS NOT ACCEPTED. 8. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall refund to subscribers in the franchise area referenced above the total amount of $27,390.00, plus interest accruing from April 30, 2002
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- by Operator in its Petition. We modify the Prior Order to exclude any refund liability and dismiss Operator's refund plan as moot. 4. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that Operator's Petition for Reconsideration IS GRANTED IN PART TO THE EXTENT INDICATED HEREIN. 5. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Comcast Cablevision of Indiana, LP, DA 99- 794, 14 FCC Rcd 6837 (1999), IS MODIFIED TO THE EXTENT INDICATED HEREIN. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 76.962, that Operator's
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- on our own motion, amend our Prior Order to exclude the finding of any refund liability for the period beginning December 1, 1994, without addressing the merits of the arguments raised by Operator in its Petition. Because our review results in a finding of no refund liability, we dismiss Operator's Petition as moot. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of CableOne, Inc., DA 98-1665, 13 FCC Rcd 18402 (1998), IS AMENDED TO THE EXTENT INDICATED HEREIN. IT IS FURTHER ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that Operator's petition for reconsideration IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon
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- 60 days of the release of this Order. 4. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 5. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon, Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- to effective competition.9 Based on the Cable Services Bureau's finding of effective competition in our Competition Order, Operator's system in the franchise area in the Oro Valley community is not subject to rate regulation. Therefore, we vacate the Oro Valley Order and dismiss as moot Operator's Application with regard to that system. 4. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of In the Matter of Jones Spacelink of Ohio, DA 95-1742, 10 FCC Rcd 9802 (1995) and In the Matter of Jones Intercable, Inc., DA 95-1794, 10 FCC Rcd 9781 (1995), ARE VACATED. 5. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 1.115
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- motion, amend the Prior Order to exclude the finding of any refund liability for the period beginning January 1, 1995, without addressing the merits of the arguments raised by Operator in its Petition. Because our review results in a finding of no refund liability, we dismiss Operator's Petition and refund plan as moot. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Falcon Cable TV, DA 98-652, 13 FCC Rcd 7158 (1998), IS AMENDED TO THE EXTENT INDICATED HEREIN. IT IS FURTHER ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that Operator's petition for reconsideration and refund plan are DISMISSED. FEDERAL COMMUNICATIONS
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of AT&T Corp. Requesting Additional Extension of Time in Which to Convert Informal Complaint Against CTC Telcom to Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of
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- Thus, Indiana Paging requests that the Commission dismiss its informal complaint and terminate this proceeding. 10. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Partial Withdrawal and Request for Dismissal of Informal Complaint filed by Indiana Paging Network, Inc. IS GRANTED and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 See 47 C.F.R. 1.718. 2 See, e.g., Formal Complaints of
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- that Allpage failed to file an NRUF report for one OCN, which was referenced in our NAL. We have not received a response from Allpage to suggest otherwise. Thus, we conclude that Allpage willfully violated section 52.15(f) and that imposition of the forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to 47 U.S.C. 503(b), and 47 C.F.R. 0.111, 0.311 and 1.80, that Allpage FORFEIT to the United States the sum of six thousand dollars ($6,000) for willfully violating the Commission's rules that require U.S. carriers to report actual and forecast number usage. Payment of the forfeiture may be made by mailing a check or money order, payable to the order of the Federal Communications Commission, to the Forfeiture
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- financial documentation for the Bureau's analysis, and because, even though it has filed bankruptcy, it retains control over its assets. Moreover, filing for bankruptcy does not preclude the Commission from issuing an order imposing a forfeiture upon Friendship for violating its rules.9 IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 Friendship Cable of Texas, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Sections 76.605(a)(12) and 76.611(a) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- of willfulness. Furthermore, the only indication of voluntary disclosure occurred after the outage was detected. Moreover, Tidewater does not have a history of overall compliance with the Commission's Rules.13 Consequently, in this case, we will impose the originally proposed forfeiture of $10,000. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Tidewater Communications, Inc, IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to exhibit obstruction lighting on its antenna structure in willful violation of Section 17.51(a) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
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- of the parties and of this Commission until such time as may actually be necessary. 8. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.115 and 1.722 of the Commission's rules, 47 C.F.R. 1.115, 1.722, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Metrocall's Consent Motions for Extension of Time, filed on April 19, May 2, and May 8, 2002, ARE GRANTED. 9. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines for Metrocall to file its opposition to Concord's Application for Review under section 1.115 of the Commission's
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- January 25, 2002, the Commission's Miami, Florida, Resident Agent Office issued a Notice of Apparent Liability for Forfeiture in the amount of $17,000 to CTI for the noted violations.3 CTI has not filed a response. Based on the information before us, we affirm this forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,4 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,5 CTI IS LIABLE FOR A MONETARY FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willfully violating Section 301 of the Act and repeatedly and willfully violating Section 302a (b) of the Act and Section 2.803(a)(1) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in
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- Liability for Forfeiture to PREPA for a forfeiture in the amount of three thousand dollars ($3,000) for the noted violation.2 PREPA has not filed a response. Based on the information before us, we affirm the assessment of this forfeiture. 3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Puerto Rico Electric Power Authority, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for willfully violating Section 17.4(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules5 within 30 days of the release of
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- by promoting the private resolution of disputes and by postponing the need for further litigation and expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of AT&T Corp. Resolving Informal Complaint Against CTC Telcom IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 C.F.R.
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.11 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.12 7. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,13 Pine Bluffs Community Television System IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable systems. 8. IT IS FURTHER ORDERED that Pine Bluffs Community Television System place a copy of this waiver in its system files. 9. IT IS FURTHER ORDERED that a copy
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.11 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.12 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,13 Carson Communications, L.L.C. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the 21 captioned cable systems. 7. IT IS FURTHER ORDERED that Carson Communications, L.L.C. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Cunningham Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for its Washington, Kansas cable system and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for its Hebron, Nebraska cable system. 7. IT IS FURTHER ORDERED that Cunningham Communications, Inc. place
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Souris River Television, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the seven captioned cable television systems. 7. IT IS FURTHER ORDERED that Souris River Television, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Project Services, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. 7. IT IS FURTHER ORDERED that Project Services, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 WMW Cable Television Co. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that WMW Cable Television Co. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
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- the Commission's New York Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'')2 in the amount of $10,000 to Rev. Dr. Nicholas. Rev. Dr. Nicholas has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules ("Rules"),4 Rev. Dr. Philius Nicholas IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules5 within 30 days of the release of this Order. If
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- Office issued a Notice of Apparent Liability for Forfeiture to Brothers for a forfeiture in the amount of ten thousand dollars ($10,000) for the noted violation.2 Brothers has not filed a response. Based on the information before us, we affirm the assessment of this forfeiture. 3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''),4 Thomas A. Brothers IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules5 within 30 days of the release
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Big Sandy Telecom. Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Big Sandy Telecom, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.11 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.12 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,13 Galaxy Telecom, L.P. IS GRANTED a waiver of Section 11.11(a) of the Rules until April 1, 2004 for the captioned cable systems. 7. IT IS FURTHER ORDERED that Galaxy Telecom, L.P. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall be
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1330A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.11 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.12 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,13 Galaxy Telecom, L.P., IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for the captioned cable systems. 7. IT IS FURTHER ORDERED that Galaxy Telecom, L.P., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall be
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1331A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.11 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.12 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,13 Galaxy Telecom, L.P. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the cable systems listed in Attachment A. 7. IT IS FURTHER ORDERED that Galaxy Telecom, L.P. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1332A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Diode Cable Company, IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the ten captioned cable systems. 7. IT IS FURTHER ORDERED that Diode Cable Company place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1333A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.11 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.12 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,13 Panora Cooperative Cable Association, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Panora Coorperative Cooperative Cable Association, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a
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- offenses, ability to pay, and such other matters as justice may require.''20 After reviewing all of the circumstances, we believe a $21,000 forfeiture is appropriate in this case for the apparent broadcast of indecent material on three occasions. IV. ORDERING CLAUSES 20. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules,21 that Infinity Broadcasting Operations Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for willfully and repeatedly violating 18 U.S.C. 1464 and section 73.3999 of the Commission's rules. 21. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty
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- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 201(b), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Metrocall and CTC's Motion To Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Metrocall, Inc. v. Concord Telephone Co., Memorandum Opinion and Order, DA 02-301 (EB
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- of the forfeiture amount.16 We have reviewed Chickasaw's response in light of the statutory factors set forth above, and conclude that Chickasaw has not justified cancellation of the proposed forfeiture but that its overall record justifies a reduction of the forfeiture from $6,000 to $4,800. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to 47 U.S.C. 503(b), and 47 C.F.R. 0.111, 0.311 and 1.80, that Chickasaw Telephone Co. FORFEIT to the United States the sum of four thousand eight hundred dollars ($4,800) for willfully violating the Commission's rules that require U.S. carriers to report actual and forecast number usage. Payment of the forfeiture may be made by mailing a check or money order, payable to the order of the Federal Communications
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- forfeiture amount.12 We have reviewed Digital Teleport's response in light of the statutory factors set forth above, and conclude that Digital Teleport has not justified cancellation of the proposed forfeiture but that its overall record justifies a reduction of the forfeiture from $6,000 to $4,800. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to 47 U.S.C. 503(b), and 47 C.F.R. 0.111, 0.311 and 1.80, that Digital Teleport, Inc. FORFEIT to the United States the sum of four thousand eight hundred dollars ($4,800) for willfully violating the Commission's rules that require U.S. carriers to report actual and forecast number usage. Payment of the forfeiture may be made by mailing a check or money order, payable to the order of the Federal Communications
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1350A1.html
- with the Commission's requirements is considered a willful violation.8 Moreover, FullTel's pledge of future compliance does not justify reduction or cancellation of the proposed forfeiture penalty.9 We have reviewed Fulltel's response in light of the statutory factors set forth above, and we affirm the forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to 47 U.S.C. 503(b), and 47 C.F.R. 0.111, 0.311 and 1.80, that FullTel, Inc. FORFEIT to the United States the sum of six thousand dollars ($6,000) for willfully violating the Commission's rules that require U.S. carriers to report actual and forecast number usage. Payment of the forfeiture may be made by mailing a check or money order, payable to the order of the Federal Communications Commission, to the
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1351A1.html
- filing requirement. We therefore conclude that a reduction of the forfeiture amount is warranted.10 We have reviewed IDS's response in light of the statutory factors set forth above, and find that IDS has justified a reduction of the proposed forfeiture penalty from $6,000 to $3,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to 47 U.S.C. 503(b), and 47 C.F.R. 0.111, 0.311 and 1.80, that IDS Telcom, LLC FORFEIT to the United States the sum of three thousand dollars ($3,000) for willfully violating the Commission's rules that require U.S. carriers to report actual and forecast number usage. Payment of the forfeiture may be made by mailing a check or money order, payable to the order of the Federal Communications Commission, to
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1352A1.html
- it is an intermediate carrier and thus was required to report only utilization data. We have reviewed R&G's response in light of the statutory factors set forth above, and find that R&G has not justified reduction of the proposed forfeiture. Accordingly, we affirm the forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to 47 U.S.C. 503(b), and 47 C.F.R. 0.111, 0.311 and 1.80, that R&G Distribution FORFEIT to the United States the sum of six thousand dollars ($6,000) for willfully violating the Commission's rules that require U.S. carriers to report actual and forecast number usage. Payment of the forfeiture may be made by mailing a check or money order, payable to the order of the Federal Communications Commission, to the
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- subject to effective competition.6 Based on the Cable Services Bureau's finding of effective competition in the Competition Order, Operator's systems in the franchise areas in the communities referenced above are not subject to rate regulation.7 Therefore, we dismiss the complaints that are still pending against Operator's CPST rates beginning May 15, 1994. 2. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the complaints against Operator's CPST rates beginning May 15, 1994 ARE DISMISSED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement
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- the date of refund, to its CPST subscribers within 60 days of the release of this Order. 8. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that Operator's Petition for Reconsideration of Marcus Cable Associates, DA 98- 422, 13 FCC Rcd 10530 (1998) IS DENIED. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 76.962, that Operator's Refund Plan IS NOT ACCEPTED. 10.IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 76.962, that Operator shall refund to subscribers in the franchise area referenced above the total amount of $49,763.16, plus interest
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- IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R 1.106, that In the Matter of Post Newsweek Cable, Inc., DA 95-1071, 10 FCC Rcd 9839 (CSB 1995) and In the Matter of CableOne, Inc., DA 99-923, 14 FCC Rcd 7668 (CSB 1999) ARE MODIFIED TO THE EXTENT INDICATED HEREIN. 3. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- it has already paid, through subscriber credits, the full amount of the refund calculated in its refund plan. 2. Accordingly, IT IS ORDERED that Operator's refund plan IS APPROVED. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator's certificate of compliance IS ACCEPTED. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- of $7.61, we find Operator's actual CPST rate of $7.98 to be unreasonable, effective July 15, 1994 through December 31, 1994. Upon review of Operator's FCC Form 1210, covering the period April 1, 1994 through December 31, 1994, we find Operator's actual CPST rate of $7.98 to be reasonable, effective January 1, 1995. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $7.98, charged by Operator in the community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $7.98,
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- $11.71, we find Operator's actual CPST rate of $12.76 to be unreasonable, effective July 15, 1994 through March 31, 1995. Upon review of Operator's FCC Form 1210, covering the period April 1, 1994 through March 31, 1995, we find Operator's actual CPST rate of $12.76 to be reasonable, effective April 1, 1995. 5. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $12.76, charged by Operator in the community referenced above, effective July 15, 1994 through March 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of
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- its ability to pay a forfeiture. See PJB Communications of Virginia, Inc., 7 FCC Rcd 2088, 2089 (1992). After reviewing the financial documentation submitted by TV 45, we conclude that it is appropriate to reduce the forfeiture amount from $8,000 to $4,000. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,7 TV 45 Productions, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for failure to ensure that EAS equipment was installed and operational in willful and repeated violation of Section 11.35(a) of the Rules and failure to conduct required weekly and monthly EAS tests in willful and repeated
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Branch Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for its Ackerman, Mississippi, and Bude, Mississippi cable systems and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for its Crosby, Mississippi; Isola, Mississippi; Louise, Mississippi; New Augusta, Mississippi; New Hebron,
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Bayou Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for its Sterlington, Louisiana cable system and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for its Huttig, Arkansas; Strong, Arkansas; Marion, Louisiana and Rocky Branch, Louisiana cable systems. 7. IT
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Milestone Communications, L.P. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the 17 captioned cable systems. 7. IT IS FURTHER ORDERED that Milestone Communications, L.P. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1445A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Mattawamkeag Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Mattawamkeag Cablevision place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1446A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Centre TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Centre TV, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1447A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 KRM Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for its Augusta, Falls Creek, Glidden, Greenwood and Mellen, Wisconsin cable systems and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for its Butternut, Fifield, Hawkins, Prentice and Stetsonville, Wisconsin cable
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- for damages must comply with the requirements set forth in section 1.722 of the Commission's rules.7 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208 and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and 276, sections 64.1300-64.1320 of the Commission's rules, 47 C.F.R. 64.1300-64.1320, and authority delegated by sections 0.111, 0.311, and 1.720-1.736 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.720-1.736, that the above-captioned complaint IS GRANTED in its entirety. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 U.S.C. 208. 2 See 47 C.F.R. 64.1300-64.1320. These rules were promulgated to implement section 276 of the Act, 47 U.S.C. 276. 3
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- April 19, 2002, the Commission's Miami, Florida Resident Agent Office issued a $10,000 Notice of Apparent Liability for Forfeiture (``NAL'') to Leger for the noted violation.2 Leger has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''),4 James Leger IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for operation of radio transmitting equipment without a license in willful and repeated violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- history of prior offenses, ability to pay, and such other matters as justice may require.''16 After reviewing all of the circumstances, we believe a $7,000 forfeiture is appropriate in this case for the apparent broadcast of indecent material. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules,17 that Emmis Radio License Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating 18 U.S.C. 1464 and section 73.3999 of the Commission's rules. 13. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty days of
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- license or authorization. 4. We have reviewed the terms of the Consent Decree and we conclude that the public interest would be served by approving the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j) and 503(b) of the Communications Act, 47 U.S.C. 154(i), 154(j) and 503(b), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree is ADOPTED. 6. AWS shall make its voluntary contribution to the United States Treasury by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Federal Communications Commission, Forfeiture Collection Section, Finance Branch, P.O. Box 73482, Chicago, Illinois
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- The Commission's Forfeiture Policy Statement14 does not explicitly identify a base forfeiture amount for violations of section 73.1207(b) of the rules. However, considering all the facts and circumstances and Commission precedent, we find that a forfeiture of $1,000.00 is apparently warranted.15 IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, 16 and sections 0.111, 0.311 and 1.80 of the rules,17 Concilio Mision Cristiana Fuente de Agua Viva, Inc. is HEREBY NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of one thousand dollars ($1,000.00) for willfully and repeatedly violating section 73.1207(b), which prohibits a broadcast station from rebroadcasting the program or any part thereof of another broadcast station, without obtaining the express, written
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- Complaint, future instances of failing to adhere to our rulings will result in dismissal with prejudice. 6. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208 and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and 276, sections 64.1300-64.1320 of the Commission's rules, 47 C.F.R. 64.1300-64.1320, and authority delegated by sections 0.111, 0.311, and 1.720-1.736 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.720-1.736, that the above-captioned complaint IS DISMISSED WITHOUT PREJUDICE and that this proceeding IS TERMINATED in its entirety. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 U.S.C. 208. 2 See 47 C.F.R. 64.1300-64.1320. The Commission promulgated these rules to implement
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- Complaint, future instances of failing to adhere to our rulings will result in dismissal with prejudice. 6. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208 and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and 276, sections 64.1300-64.1320 of the Commission's rules, 47 C.F.R. 64.1300-64.1320, and authority delegated by sections 0.111, 0.311, and 1.720-1.736 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.720-1.736, that the above-captioned complaint IS DISMISSED WITHOUT PREJUDICE and that this proceeding IS TERMINATED in its entirety. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 U.S.C. 208. 2 See 47 C.F.R. 64.1300-64.1320. The Commission promulgated these rules to implement
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- Complaint, future instances of failing to adhere to our rulings will result in dismissal with prejudice. 6. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208 and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and 276, sections 64.1300-64.1320 of the Commission's rules, 47 C.F.R. 64.1300-64.1320, and authority delegated by sections 0.111, 0.311, and 1.720-1.736 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.720-1.736, that the above-captioned complaint IS DISMISSED WITHOUT PREJUDICE and that this proceeding IS TERMINATED in its entirety. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 U.S.C. 208. 2 See 47 C.F.R. 64.1300-64.1320. The Commission promulgated these rules to implement
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- the VDSL system is warranted. We do not intend to grant further temporary waivers, extending beyond the current June 30, 2003 expiration date, unless it is related to an on-going proceeding in this matter. If Qwest Broadband intends to pursue a permanent waiver of Section 11.61(a)(2)(i)(B), it should do so expeditiously. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,5 Qwest Broadband Services, Inc. IS GRANTED a waiver of Section 11.61(a)(2)(i)(B) of the Rules until June 30, 2003 for the VDSL cable television system. 6. IT IS FURTHER ORDERED that Qwest Broadband Services, Inc. place a copy of this waiver in its system file and post a copy of this waiver at the Qwest
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- find that Operator's total overcharges for the period under review are de minimis and it would not be in the public interest to order a refund. We modify the Prior Orders accordingly. Because our resolution of this issue disposes of Operator's refund liability, we dismiss Operator's Application for Review, which has become moot.15 Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Jones Intercable, Inc., DA 95- 1570, 10 FCC Rcd 8751 (CSB 1995), In the Matter of Jones Intercable, Inc., DA 95-1590, 10 FCC Rcd 8753 (CSB 1995), and In the Matter of Jones Intercable, Inc., DA 95-1591, 10 FCC Rcd 8811 (CSB 1995) ARE
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- order Operator to refund this amount, plus any additional interest accrued to the date of refund, to its CPST subscribers within 60 days of the release of this Order. 7. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R 1.106, that Operator's Petition for Reconsideration IS DENIED. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 76.962, that Operator shall refund to subscribers in the franchise area referenced above the total amount of $16,760.65, plus any additional interest that accrues between July 31, 2002 and the date of refund, within 60 days of the release of this Order. 9. IT IS FURTHER ORDERED, pursuant
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying it s compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- order Operator to refund this amount, plus any additional interest accrued to the date of refund, to its CPST subscribers within 60 days of the release of this Order. 6. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that Operator's petition for reconsideration IS GRANTED. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Time Warner Cable, DA 98-1839, 13 FCC Rcd 19560 (CSB 1998) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 76.962, that Operator shall refund
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- 1, 1995, to be reasonable. 5. Our review of Operator's refund plan for Order, DA 95-2168, reveals that Operator's total overcharges for the period under review are de minimis and it would not be in the public interest to order refunds. We dismiss Operator's refund plan for Order, DA 95-2168, as moot. 6. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.75, charged by Operator in the community referenced above, effective May 15, 1994 through December 31, 1994, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of
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- above, we reject the refund plan submitted by Operator that includes inter-tier offsets. Upon review of Operator's refund plan that does not include inter-tier offsets ("Amended Refund Plan"),20 we find the refund plan to be acceptable provided Operator's amends the refund plan to include interest to the date of payment of refunds. 7. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $9.46, charged by Operator in the community referenced above, effective July 15, 1994 through March 31, 1996, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of
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- 60 days of the release of this Order. 6. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 7. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- 60 days of the release of this Order. 6. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 7. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- 60 days of the release of this Order. 6. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 7. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- from July 31, 2002 to the date of refund, to its CPST subscribers within 60 days of the release of this Order. 7. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that Operator's Petition for Reconsideration IS GRANTED IN PART TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Time Warner Communications, DA 97-1867, 12 FCC Rcd 23757 (1997), IS MODIFIED TO THE EXTENT INDICATED HEREIN. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $22.47, charged
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- We find Operator's actual CPST rate of $13.35, effective January 1, 1996, to be reasonable. 9. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that the petition for reconsideration filed by Operator is GRANTED IN PART AND DENIED IN PART TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Television, Inc., DA 95-938, 11 FCC Rcd 2573 (CSB 1995) and In the Matter of Cencom Cable Television, Inc., DA 97-1210, 12 FCC Rcd 23386 (CSB 1997) ARE MODIFIED TO THE EXTENT INDICATED HEREIN. 11. IT IS
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- of its actual rate charged, and certify that it has provided the refunds. We modify the Prior Order accordingly. 6. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that the petition for reconsideration filed by Operator is GRANTED IN PART TO THE EXTENT INDICATED HEREIN. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In The Matter of Telescripps Cable Company, DA 96-1843, 11 FCC Rcd 14518 (CSB 1996) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $13.09,
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- effective July 1, 1995, does not exceed its MPR of $12.33, we find Operator's actual CPST rate of $11.58, effective July 1, 1995, to be reasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that the petition for reconsideration filed by Operator IS DENIED. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the stay of In The Matter of Suburban Cable TV Co., Inc., DA 95-1226, 10 FCC Rcd 6509 (CSB 1995), granted in Petitions for Stay of Action, DA 95-1795, 10 FCC Rcd 10591 (CSB 1995), IS VACATED. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311
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- principal amount, to its CPST subscribers within 60 days of the release of this Order. 8. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that the petition for reconsideration filed by Operator is GRANTED IN PART AND DENIED IN PART TO THE EXTENT INDICATED HEREIN. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In The Matter of Suburban Cable TV Co., Inc., DA 95-1227, 10 FCC Rcd 6495 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the stay of
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- within 45 days of complainant's receipt of the first bill reflecting the April 1995 CPST rate increase, because complainant did not indicate when she received the April 1995 bill. For these reasons, we dismiss the referenced complaints because we are unable to conclude that the complaints were filed in a timely manner. 4. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the complaints referenced herein against the CPST rates charged by Operator in the community referenced above ARE DISMISSED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former
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- by Operator in its Petition. We modify the Prior Order to exclude any refund liability and dismiss Operator's refund plan as moot. 5. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that Operator's Petition for Reconsideration IS GRANTED IN PART TO THE EXTENT INDICATED HEREIN. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter Global Acquisition Partners, Ltd. d/b/a/ Adelphia Cable Communications, DA 97-244, 12 FCC Rcd 1503 (CSB 1997) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 7. IT IS FURT HER ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and
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- be de minimis, and it would not be in the public interest to order refunds. Therefore, we modify the Prior Order to exclude any refund liability. 5. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that the petition for reconsideration filed by Operator is GRANTED. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In The Matter of Jones Communications of Maryland, Inc., DA 98-1558, 13 FCC Rcd 17685 (CSB 1998) IS MODIFIED TO THE EXTENT INDICATED HEREIN. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- Operator implement its refund plan by January 31, 2003. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 30 days of the payment of refunds certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- rate increases, we find Operator's actual CPST rates to be reasonable beginning May 15, 1994. Therefore, we modify the Prior Order to exclude any refund liability. 5. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that the petition for reconsideration filed by Operator is GRANTED. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In The Matter of Suburban Cable TV Co., Inc., DA 99-878, 14 FCC Rcd 7233 (CSB 1999) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates,
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- the amount of $7,200.2 3. We have reviewed the Consent Decree and evaluated the circumstances underlying the investigation. We believe that the public interest would be served by adopting the Consent Decree and terminating the investigatory proceeding. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended,3 and Sections 0.111 and 0.311 of the Commission's rules,4 the Consent Decree attached hereto IS ADOPTED. 5. IT IS FURTHER ORDERED, That the Notice of Apparent Liability for Forfeiture, OpTel Texas Telecom, Inc., 16 FCC Rcd 8655 (EB 2001) IS HEREBY CANCELLED and the above-captioned investigatory proceeding IS TERMINATED. 6. IT IS FURTHER ORDERED, That a copy of this Memorandum Opinion and Order
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- not all CLECs in Georgia pay a rate of $4.20 and the rate was set for a previous year, not 1998. Given our decision requiring BellSouth to lower its rate to $4.27, we need not reach the issue of whether the $5.03 rate constitutes discrimination in violation of the Pole Attachment Act. 17. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1401-1.1414, that the Complaint IS GRANTED TO THE EXTENT INDICATED HEREIN. 18. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 1.1410 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1410, that the annual pole attachment rate of $5.03, effective April 1, 1998, IS UNREASONABLE. 19.
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Cable & Communications Corporation d.b.a. Mid-Rivers Cable Television IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for its Glendive, Montana cable system, IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for its Sidney, Montana cable system and IS GRANTED a waiver of
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Citizens Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Citizens Cablevision place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Glenwood Telecommunications IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable systems. 7. IT IS FURTHER ORDERED that Glenwood Telecommunications place a copy of this waiver in each of its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Neu Ventures, Inc. d.b.a. Mountain Zone TV Systems IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for its Marfa, Texas cable system and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for its Presidio, Texas; Fort Davis, Texas; Balmorhea, Texas; Marathon, Texas,
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Minerva Valley Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the two captioned cable systems. 7. IT IS FURTHER ORDERED that Minerva Valley Cablevision, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Lovell Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Lovell Cable TV, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1754A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Oak Grove Heights Cable Company IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Oak Grove Heights Cable Company place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1755A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Panora Telecommunications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Panora Telecommunications, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1756A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Herr Cable Company IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Herr Cable Company place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1757A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 RGA Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that RGA Cable, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1758A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 RAE Cable IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the three captioned cable television systems. 7. IT IS FURTHER ORDERED that RAE Cable place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1759A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Shaner Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the three captioned cable television systems. 7. IT IS FURTHER ORDERED that Shaner Cable, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1760A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Pine Tree Cablevision Associates IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for two of the cable television systems listed in Attachment A and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for 20 of the cable television systems listed in Attachment
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- we conclude that there are no substantial and material questions of fact as to whether Qwest possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. 5. Accordingly, IT IS ORDERED, pursuant to section 4(i), 4(j) and 503(b) of the Communications Act, 47 U.S.C. 154(i), 154(j), 503(b) and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree is ADOPTED. 6. IT IS FURTHER ORDERED that the Commission staff inquiry into the matter described here IS TERMINATED. Federal Communications Commission David H. Solomon Chief, Enforcement Bureau References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1770A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1770A1.doc 3. http://transition.fcc.gov/eb/Orders/2002/DA-02-1770A2.html
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- Office issued a Notice of Apparent Liability for Forfeiture (``NAL'')2 in the amount of $5,000 to Mr. McCreary. Mr. McCreary has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``the Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Mr. McCreary IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for willfully violating Section 95.411 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules5 within 30 days of the release of this Order. If the forfeiture is not
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1835A1.html
- Florida Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'')2 in the amount of $4,000 to WRHC. WRHC has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, (``the Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 WRHC Broadcasting Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully violating Section 11.35(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules5 within 30 days of the release of this Order. If the forfeiture is
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1836A1.html
- Office, issued a Notice of Apparent Liability for Forfeiture (``NAL'')2 in the amount of $2,000 to New Wave. New Wave has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, (``the Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 New Wave Broadcasting, L.P. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for willfully and repeatedly violating Section 11.61(a)(1)(v) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules5 within 30 days of the release of this Order. If
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1837A1.html
- Office issued a Notice of Apparent Liability for Forfeiture (``NAL'')2 in the amount of $7,000 to Mr. Bushman. Mr. Bushman has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, (``the Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Mr. Sam Bushman IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 73.49 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules5 within 30 days of the release of this Order. If the
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1844A1.html
- in this case.10 Finally, ACS argues that the $1,000 proposed forfeiture for failure to maintain records is unwarranted and should be cancelled. Based on our review of the record, we find that the $1,000 forfeiture assessed for this violation should be cancelled. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 ACS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand dollars ($11,000) for changing the location of the antenna, the overall height above ground of the antenna structure, the height of antenna radiation center above ground, and the height above mean sea level of the 15 above referenced stations, without prior authorization
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1850A1.html
- See PJB Communications of Virginia, Inc., 7 FCC Rcd 2088, 2089 (1992). After reviewing the financial documentation submitted by M&R, we conclude that it is appropriate to reduce the forfeiture amount from $10,000 to $5,000. IV. ORDERING CLAUSES 5. ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.80, that M&R Enterprises, Inc. is LIABLE for a FORFEITURE in the amount of five thousand dollars ($5,000) for willfully and repeatedly violating Section 73.3526 of the Commission's rules, 47 C.F.R. 73.3526. 6. Payment of the forfeiture shall be made in the manner provided for in Section 1.80
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1887A1.html
- history of prior offenses, ability to pay, and such other matters as justice may require.''11 After reviewing all of the circumstances, we believe a $7,000 forfeiture is appropriate in this case for the apparent broadcast of indecent material. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules,12 that Rubber City Radio Group is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating 18 U.S.C. 1464 and section 73.3999 of the Commission's rules. 12. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty days of
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1890A1.html
- this extension will facilitate the possible settlement of these numerous claims, we are satisfied that our action today serves the public interest. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 154(i), 154(j), 208, section 1.3 of the Commission's rules, 47 C.F.R. 1.3, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.011 and 0.311, that section 1.718(a) of the Commission's rules, 47 C.F.R. 1.718(a), IS HEREBY WAIVED, with regard to the IPP EUCL informal complaints described herein and the deadline for the conversion and filing of these informal complaints into formal complaints is hereby extended to June 30, 2003. This waiver is effective
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1921A1.html
- Florida Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'')2 in the amount of $21,000 to Fenix. Fenix has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, (``the Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Fenix Broadcasting Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $21,000 for willfully violating Sections 11.35(a), 17.51, and 73.49 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules5 within 30 days of the release of this Order. If
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1930A1.html
- figure is publicly reported in ARMIS.40 Additional issues relating to the telephone utilities' regulatory accounting reporting requirements can be addressed as they arise.41 For purposes of this case, however, we affirm the Bureau Order. Nevada Bell has not provided sufficient information or explanation to support its use of an internally generated report. 16. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.106 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.106, that the petition for reconsideration of Nevada State Cable Television Association v. Nevada Bell, PA 96-001, DA 98-1175, 13 FCC Rcd 16774 (CSB 1998), IS DENIED. 17. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1931A1.html
- a notice of withdrawal, with prejudice, of the referenced complaint. In its notice of withdrawal, Complainants state that the parties have agreed to settle their dispute. On the basis of the statement contained in the notice, we conclude that there are no longer issues in controversy and therefore, we terminate the proceeding. 2. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1415 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1415, that the referenced complaint IS DISMISSED WITH PREJUDICE and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello Assistant Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving pole attachment complaints from the former Cable Services Bureau to the Enforcement
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1932A1.html
- a notice of withdrawal, with prejudice, of the referenced complaint. In its notice of withdrawal, Complainants state that the parties have agreed to settle their dispute. On the basis of the statement contained in the notice, we conclude that there are no longer issues in controversy and therefore, we terminate the proceeding. 2. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1415 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1415, that the referenced complaint IS DISMISSED WITH PREJUDICE and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello Assistant Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving pole attachment complaints from the former Cable Services Bureau to the Enforcement
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1937A1.html
- the release of this Order. 6. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R 1.106, that Operator's petition for reconsideration IS GRANTED and In the Matter of Marcus Cable Associates, LP, DA 99-377, 14 FCC Rcd 3390 (CSB 1999) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 76.962, that Operator shall refund to subscribers in the franchise area referenced above the total amount of $55,435.00, plus any additional interest accruing between September 30, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days
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- substantive standpoint, while we do not accept most of Minority's contentions, we do not find that the licensee has presented facts or legal arguments in a manner lacking good-faith or inconsistent with its right to advocate its views. IV. Ordering Clauses 33. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended,26 and Sections 0.111, 0.311 and 1.80 of the Commission's rules,27 that Minority Television Project, Inc., licensee of noncommercial educational television station KMTP-TV, San Francisco, California, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of Ten Thousand Dollars ($10,000.00) for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. 399b, and Section 73.621
- http://transition.fcc.gov/eb/Orders/2002/DA-02-1966A1.html
- prejudice, of the referenced complaint ("Notice"). In the Notice, the parties state that they have reached a full settlement of all claims in the referenced complaint. On the basis of the statement contained in the Notice, we conclude that there are no longer issues in controversy and therefore, we terminate the proceeding. 2. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1415 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1415, that the referenced complaint IS DISMISSED WITH PREJUDICE and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello Assistant Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving pole attachment complaints from the former Cable Services Bureau to the Enforcement
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- hardship. 12. We have examined Sycamore's response to the NAL in light of the above statutory factors and the factors set forth in the Policy Statement. Taking all of these factors into account, we conclude that the proper forfeiture amount is $4,000. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,8 Sycamore Valley Broadcasting, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for repeated and willful violation of the provisions of Sections 11.52(d), 11.61(a), 17.50, 73.1400 and 73.1745(a) of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2017A1.html
- incorporated by reference. 3. We have reviewed the terms of the Consent Decree and we conclude that the public interest would be served by approving the Consent Decree and terminating the investigation. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j) and 503(b) of the Communications Act, 47 U.S.C. 154(i), 154(j) and 503(b), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree is ADOPTED. 5. Verizon shall make its voluntary contribution to the United States Treasury by mailing a check or similar instrument, or by wire transfer, payable to the order of the Federal Communications Commission, Forfeiture Collection Section, Finance Branch, P.O. Box 73482, Chicago, Illinois 60673-7482.1
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- petitioner submits documentation that accurately reflects the petitioner's current financial status. Madison has not presented sufficient documentation to enable us to evaluate its current financial condition; therefore, we can not accept its claim that it is financially unable to pay the forfeiture.13 IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Madison Broadcasting Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for willfully violating Sections 17.4(g) and 17.50 of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2070A1.html
- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that CTC Communications, Inc.'s Consent Motion For Extension of Time To File Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718 are hereby waived, and the date on which CTC
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- ability to pay, and such other matters as justice may require.''16 After reviewing all of the circumstances, we believe a $14,000 forfeiture is appropriate in this case for the apparent broadcast of indecent material on two separate occasions. IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules,17 that Entercom Seattle License, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willfully and repeatedly violating 18 U.S.C. 1464 and section 73.3999 of the Commission's rules. 15. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2094A1.html
- violation is $2,000. In this case, we believe that no adjustment upward or downward is warranted and that the base forfeiture amount is appropriate. See 47 C.F.R. 1.80(b)(4). IV. Ordering Clauses 8. In view of the foregoing, we conclude that a monetary sanction is appropriate. Accordingly, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Family Life Educational Foundation, licensee of noncommercial educational station KOUZ(FM), Alexandria, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of Two Thousand Dollars ($2,000.00) for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. 399b, and Section 73.503 of the Commission's rules,
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2104A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Howard Cable Company IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. 7. IT IS FURTHER ORDERED that Howard Cable Company place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2105A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Sherman Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Sherman Cablevision place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2106A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Moosehead Enterprises, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the six captioned cable television systems. 7. IT IS FURTHER ORDERED that Moosehead Enterprises, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2107A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Television Association of Republic IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Television Association of Republic place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2108A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 J. Feeney Associates, Inc. d/b/a Chain Lakes Cable IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the 10 captioned cable television systems. 7. IT IS FURTHER ORDERED that J. Feeney Associates, Inc. d/b/a Chain Lakes Cable place a copy of this waiver in its system
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2109A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 S & K TV Systems, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the seven captioned cable systems. 7. IT IS FURTHER ORDERED that S & K TV Systems, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of AT&T Corp. to Extend Time in Which to Convert Informal Complaints to Formal Complaints and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718,
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 HUF L.P., IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that HUF L.P. place a copy of these waivers in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2111A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 PEC Cable IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that PEC Cable place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2112A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Powhatan Point Cable Company, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Powhatan Point Cable Company, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Alpine Cable Television, LLC IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the three captioned cable television systems. 7. IT IS FURTHER ORDERED that Alpine Cable Television, LLC place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Farmers Co- Operative Telephone Company, IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Farmers Co-Operative Telephone Company place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2115A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 HLM Cable Corporation IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the five captioned cable television systems. 7. IT IS FURTHER ORDERED that HLM Cable Corporation place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2116A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Dodge County Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Dodge County Cablevision, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
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- program that resulted in a CLI of less than 64, it admits that each of the 23 signal leaks identified on April 27, 2000 exceeded the threshold limit of 20 micro-volts. We therefore find that Charter violated Section 76.605(a)(12) of the Rules. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 Charter IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty thousand dollars ($20,000) for failure to comply with the Commission's signal leakage standards and failure to comply with a cease operations order in willful or repeated violation of Sections 76.605(a)(12), 76.611(a), and 76.613(c) of the Rules. 11. Payment of the forfeiture shall
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2156A1.html
- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2157A1.html
- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2158A1.html
- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2159A1.html
- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2160A1.html
- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- in effect beginning May 15, 1994.6 3. Our further review of the record indicates that the total overcharge per subscriber calculated in the First Order is de minimis and it would not be in the public interest to order a refund. Therefore, we modify the First Order to exclude any refund liability. 4. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the complaint referenced herein, against the CPST rates charged by Operator beginning May 15, 1994 in the community referenced above, IS DISMISSED. 5. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of US
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- Anaheim Hills was also provided by the Yorba Linda system at the time the complaint was filed. Based on the Cable Services Bureau's review of Operator's FCC Form 1220 for the Yorba Linda system, we find Operator's March 1, 1995 CPST rate increase for the community of Anaheim Hills to be reasonable. 3. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the complaint referenced herein against the March 1, 1995 CPST rate increase by Operator in the community referenced above IS DENIED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints
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- filed on November 28, 1994 against Operator's alleged October 28, 1994 CPST rate increase. However, our review of the record indicates that Operator did not raise its CPST rates until December 1994, after the complaint was filed. Therefore, we dismiss the referenced complaint because it was not filed in a timely manner. 4. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the complaint referenced herein against the CPST rate charged by Operator in the community referenced above IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former
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- Operator has not already implemented its refund plan. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- rate of $11.93, effective January 1, 1996, does not exceed its MPR of $12.64, we find Operator's actual CPST rate of $11.93, effective January 1, 1996, to be reasonable. 9. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that Operator's petition for reconsideration IS DENIED. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the stay of DA 95-1035, granted in Petitions for Stay of Action, DA 95-1795, 10 FCC Rcd 10591 (CSB 1995), IS VACATED. 11. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $12.46,
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of Complainants For Extension of Time In Which To Convert Informal Complaints To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718,
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- increase the $4,000 base amount on the grounds that the violation occurred on two separate days. Finally, Tarrant argues that we should consider its history of overall compliance with the Rules. We will do so and reduce the $4,000 forfeiture to $3,000. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,6 Tarrant Radio Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for operating Station KZEE(AM) with an antenna input power at a level more than 105% of authorized power in willful and repeated violation of Section 73.1560(a)(1) of the Rules. 11. Payment of the forfeiture shall be
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- as of January 28, 2002, has not been completed. To the extent, if any, that Groveton seeks to rely on its efforts to correct this violation, we note that remedial action, although commendable, will not nullify a forfeiture penalty.4 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),5 and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules,6 Groveton Broadcasting Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for violating Section 17.4(a) of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- reduction of the forfeiture amount is appropriate because AFA disclosed to Commission staff in February 2002 that it was operating KBKC as a satellite station without a waiver of the main studio rule. Accordingly, we reduce the forfeiture from $7,000 to $5,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 American Family Association IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for willful violation of Section 73.1125 of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of Complainants For Extension of Time In Which To Convert Informal Complaints To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718,
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- the amount of $4,800.2 3. We have reviewed the Consent Decree and evaluated the circumstances underlying the investigation. We believe that the public interest would be served by adopting the Consent Decree and terminating the investigatory proceeding. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended,3 and Sections 0.111 and 0.311 of the Commission's rules,4 the Consent Decree attached hereto IS ADOPTED. 5. IT IS FURTHER ORDERED, That the Notice of Apparent Liability for Forfeiture, North County Communications Corp., 16 FCC Rcd 8650 (EB 2001) IS HEREBY CANCELLED and the above-captioned investigatory proceeding IS TERMINATED. 6. IT IS FURTHER ORDERED, That a copy of this Memorandum Opinion and Order
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- contractors.9 Moreover, remedial actions taken to correct the violations, while commendable, are not mitigating factors.10 However, after considering Alpine's overall history of compliance with the Commission's rules, we conclude that it is appropriate to reduce the forfeiture amount from $16,000 to $12,800. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 Alpine Broadcasting Ltd. and Alpine Broadcasting Ltd. Partnership are LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand eight hundred dollars ($12,800) for violating Section 11.35(a) of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- in connection with this factor. See id. at 20.11 12. Consequently, based on our review of Citadel's response in light of the applicable case law, we conclude that Citadel did not violate the statute or the Commission's indecency rule through its broadcast of the ``radio edit'' version of ``The Real Slim Shady.'' IV. ORDERING CLAUSES 13. Accordingly, pursuant to Sections 0.111(a)(7), 0.311 and 1.80(f)(3) of the Commission's rules, 47 C.F.R. 0.111(a)(7), 0.311 and 1.80(f)(3), IT IS ORDERED THAT the Bureau's June 1, 2001, NAL against Citadel Broadcasting Company, licensee of Station KKMG(FM), Pueblo, Colorado, is hereby RESCINDED. 14. IT IS FURTHER ORDERED THAT a copy of this MEMORANDUM OPINION AND ORDER shall be sent by Certified Mail -- Return Receipt Requested
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- separate occasions constitutes a minor violation, we believe that a downward adjustment of the forfeiture amount is appropriate in light of Entercom's record of compliance. After considering all the facts and circumstances, we conclude that a $12,000 forfeiture is appropriate in this case.16 IV. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. 503(b), and 47 C.F.R. 0.111, 0.311 and 1.80, Entercom Seattle License, LLC FORFEIT to the United States the sum of twelve thousand dollars ($12,000) for willfully and repeatedly violating 18 U.S.C. 1464 and 47 C.F.R. 73.3999. 18. Payment of the forfeiture may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture Collection Section,
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Grove Communications Inc. d/b/a Grove Cable Co. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. 7. IT IS FURTHER ORDERED that Grove Communications Inc. d/b/a Grove Cable Co. place a copy of this waiver in its system files. 8. IT IS FURTHER
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Cablecom of Willsboro, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable system. 7. IT IS FURTHER ORDERED that Cablecom of Willsboro, Inc., place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2405A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Walworth County Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Walworth County Cablevision, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2406A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Pacific Sun Cable Partners, LP IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Pacific Sun Cable Partners, LP place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2407A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Hart Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Hart Cable, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2408A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 NEPSK, Inc. d/b/a Houlton Cable TV IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for the Howland, Maine cable television system and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the Danforth, Island Falls, Medway, Monticello, Oakfield and Patten, Maine cable
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2409A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Belhaven Cable TV, Inc., IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Belhaven Cable TV, Inc., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2410A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Consolidated Cable, Inc., IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the 11 captioned cable television systems. 7. IT IS FURTHER ORDERED that Consolidated Cable, Inc., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2411A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Satellite Cable Services, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for each of the 40 cable television systems listed in Attachment A. 7. IT IS FURTHER ORDERED that Satellite Cable Services, Inc. place a copy of these waivers in its system files. 8. IT IS FURTHER ORDERED
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- other information submitted by High Plains, we conclude that temporary, 36-month waivers of Section 11.11(a) for the 23 systems listed in Attachment A are warranted.9 In particular, we find that the $193,200 and $246,100 estimated costs of EAS equipment for these small cable systems could impose financial hardship on High Plains. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,10 High Plains Cablevision I, Ltd. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the 23 cable television systems listed in Attachment A. 6. IT IS FURTHER ORDERED that High Plains Cablevision I, Ltd. place a copy of these waivers in its system files. 7. IT IS FURTHER ORDERED
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2434A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 7. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 James Cable Partners, L.P. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for five cable television systems listed in Attachment A and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for 33 cable television systems listed in Attachment A. 8. IT IS
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2435A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Great Plains Cable Television, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for its Elgin and Grant, Nebraska cable systems and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for its Arnold, Bancroft, Chapman, Hay Springs, North Bend, Ponca, Sutherland, and
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2440A1.html
- this Commission. Furthermore, we believe that it is appropriate to dismiss this complaint without prejudice because Defendant has not yet filed its answer to the complaint.4 Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 201(b), 208, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the formal complaint of National A-1 Advertising, Inc. and 811 Direct, Inc., filed on June 10, 2002, is DISMISSED WITHOUT PREDJUDICE. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Deputy Chief Telecommunications Consumers Division Enforcement Bureau _________________________ 1 47 U.S.C. 208. 2 Id. 201(a), 201(b), 202(a), 214. 3 See Formal Complaint
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Galaxy American Communications, L.L. C. d/b/a CableDirect IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the 316 cable television systems listed in Attachment A. 7. IT IS FURTHER ORDERED that Galaxy American Communications, L.L. C. d/b/a CableDirect place a copy of this waiver in its systems files.
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2448A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Ind.Co. Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for two cable television systems in Attachment A and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for 20 cable televisions in Attachment A. 7. IT IS FURTHER ORDERED that
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2449A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Brockway Television, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Brockway Television, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2450A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Southern Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. 7. IT IS FURTHER ORDERED that Southern Cablevision, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2451A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 St. John Cable Company and Colfax Highline Cable Company ARE GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that St. John Cable Company and Colfax Highline Cable Company place a copy of these waivers in its system files.
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2452A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Heartland Cable System, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the six captioned cable television systems. 7. IT IS FURTHER ORDERED that Heartland Cable System, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2453A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 CenCom, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the seven captioned cable television systems. 7. IT IS FURTHER ORDERED that CenCom, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2454A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 TV Cable of Rensselaer Inc., IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for the captioned cable television system. 7. IT IS FURTHER ORDERED that TV Cable of Rensselaer Inc., place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2455A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 MidAmerican Cable Systems, LP a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the five captioned cable television systems. 7. IT IS FURTHER ORDERED that MidAmerican Cable Systems, LP place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2456A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Telnet Communications, L.C. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the 16 captioned cable television systems. 7. IT IS FURTHER ORDERED that Telnet Communications, L.C. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2457A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Northland Communications, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Northland Communications, Inc. place a copy of these waivers in its systems files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2464A1.html
- the petition for reconsideration and request for stay filed by Operator ARE DISMISSED. 8. IT IS FURTHER ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that In the Matter of Triax Midwest Associates, DA 96-545, 11 FCC Rcd 4778 (CSB 1996) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $14.30, charged by Operator in the community referenced above, effective July 15, 1994 December 31, 1994, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates charged by
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2465A1.html
- INDICATED HEREIN. 13. IT IS FURTHER ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that In the Matter of TCA Cable Partners d/b/a TCA Cable TV, DA 98-2506, 13 FCC Rcd 23577 (CSB 1998) IS MODIFIED TO THE EXTENT INDICATED HEREIN and Operator's request for stay IS DISMISSED. 14. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $13.22, charged by Operator in the community referenced above, effective September 13, 1993 through May 31, 1994, IS UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates charged
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- issue disposes of Operator's refund liability, we decline to address any other issues raised by Operator in its Petition. 4. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that the petition for reconsideration filed by Operator is GRANTED IN PART TO THE EXTENT INDICATED HEREIN. 5 IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In The Matter of Triax Midwest Associates, LP, DA 97-2068, 13 FCC Rcd 6017 (CSB 1998) IS MODIFIED TO THE EXTENT INDICATED HEREIN. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2469A1.html
- principal amount, to its CPST subscribers within 60 days of the release of this Order. 8. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that the petition for reconsideration filed by Operator is GRANTED IN PART AND DENIED IN PART TO THE EXTENT INDICATED HEREIN. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Income Partners II, LP, DA 95-1008, 10 FCC Rcd 8166 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2473A1.html
- other grounds, Concilio has not explained why a reduction of the forfeiture based on Concilio's non-profit status by itself would be appropriate. In this regard, we note that Concilio has provided no information suggesting that its financial situation would make payment difficult.15 IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,16 Concilio Mision Cristiana Fuente de Agua Viva IS LIABLE FOR A MONETARY FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willfully and repeatedly violating Section 17.4(g) of the Rules and willfully violating Sections 17.51and 17.57 of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2474A1.html
- of the above statutory factors and the factors set forth in the Policy Statement. Taking all of these factors into account, we conclude that neither cancellation nor reduction of the proposed forfeiture is warranted and that the proper forfeiture amount is $7,000. IV. Ordering Clauses 14. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,19 Lightning IS LIABLE FOR A MONETARY FORFEITURE in the amount of $ 7,000 for repeated and willful violation of the Section 302(b) the Act and Section 2.803(a)(1) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 The term "Operator" includes Operator's predecessors and successors in interest. 2 In the Matter of Comcast Cablevision of the South, DA 02- 1703 (EB, released July 17, 2002). 3 The Refund Order required Operator to determine the overcharges
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2484A1.html
- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 The term "Operator" includes Operator's predecessors and successors in interest. 2 In the Matter of Marcus Cable Associates, LP, DA 02-1697 (EB, released July 17, 2002). 3 The Refund Order required Operator to determine the overcharges to cable
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2489A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Myvocom, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Myvocom, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall be
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2490A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 North Bonneville Community Cable System IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that North Bonneville Community Cable System place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2491A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Northland Cable Networks LLC IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Northland Cable Networks LLC place a copy of this waiver in its systems files. 8. IT IS FURTHER ORDERED that a copy of
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2492A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Tele-Services, Ltd. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the each of the 17 captioned cable television systems. 7. IT IS FURTHER ORDERED that Tele-Services, Ltd. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2493A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Americable International Arizona, Inc. and Americable International, Colorado, Inc. ARE GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for their respective captioned cable television systems. 7. IT IS FURTHER ORDERED that Americable International, Arizona, Inc. and Americable International, Colorado, Inc. place a copy of this waiver in its system
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2494A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Beck's Cable Systems, IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. 7. IT IS FURTHER ORDERED that Beck's Cable Systems, place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2495A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Philip R. DeSano and Thomas Corcoran d/b/a SkiSat IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Philip R. DeSano and Thomas Corcoran d/b/a SkiSat place a copy of this waiver in its system file. 8. IT
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2496A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Millennium Digital Media Systems, L.L.C. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for six of the cable television systems in Attachment A and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for 26 of the cable television systems listed in Attachment
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2497A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Hyde County Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Hyde County Cablevision, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2498A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Three Forks Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Three Forks Cable TV, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2499A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Buford Communications I, L.P. d/b/a Alliance Communications Network, IS GRANTED a waiver of Section 11.11(a) of the Rules until April 1, 2003 for the cable television system in Greenbrier, Arkansas and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the cable television systems in Greersferry, Arkansas; Perryville,
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2503A1.html
- serve the public interest by eliminating the expenditure of further time and resources of the Commission. 5. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208 and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and 276, sections 64.1300-64.1320 of the Commission's rules, 47 C.F.R. 64.1300-64.1320, and authority delegated by sections 0.111, 0.311, and 1.720-1.736 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.720-1.736, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 U.S.C. 208. 2 See 47 C.F.R. 64.1300-64.1320. These rules were promulgated to implement section 276 of the Act, 47 U.S.C.
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- of the parties and of this Commission until such time as may actually be necessary. 5. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Waiver of Commission Rule 1.718(a) IS GRANTED. 6. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc., et al. must
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2524A1.html
- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 5. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Joint Motion IS GRANTED. 6. IT IS FURTHER ORDERED that the Petition for Temporary Stay IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Petition for Temporary Stay, File No. PA
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2552A1.html
- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of Complainants For Extension of Time In Which To Convert Informal Complaints To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718,
- http://transition.fcc.gov/eb/Orders/2002/DA-02-259A1.html
- this extension will facilitate the possible settlement of these numerous claims, we are satisfied that our action today serves the public interest. 4. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 154(i), 154(j), 208, section 1.3 of the Commission's rules, 47 C.F.R. 1.3, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.011 and 0.311, that section 1.718(a) of the Commission's rules, 47 C.F.R. 1.718(a), IS HEREBY WAIVED, with regard to the IPP EUCL informal complaints described herein and the deadline for the conversion and filing of these informal complaints into formal complaints is hereby extended to September 9, 2002. This waiver is effective
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2604A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Northern Communications, Inc., d/b/a Deer River Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Northern Communications, Inc., d/b/a Deer River Cablevision place a copy of this waiver in its system files. 8. IT IS FURTHER
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2605A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 County Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television systems. 7. IT IS FURTHER ORDERED that County Cable, Inc., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2606A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Papago Oasis, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Papago Oasis, Inc., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2607A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Eagle West, LLC. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for thirty-three cable television systems listed in Attachment A. 7. IT IS FURTHER ORDERED that Eagle West, LLC. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2608A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Upper Peninsula Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the cable television system in Mellen, Michigan and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for the cable television systems in Camey, Michigan; Naubinway, Michigan, and Portage Township,
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2609A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Karban TV Systems, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the four above-captioned cable television systems. 7. IT IS FURTHER ORDERED that Karban TV Systems, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2610A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Northland Cable Properties, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the six captioned cable systems. 7. IT IS FURTHER ORDERED that Northland Cable Properties, Inc., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2611A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Pine Rural TV Cable Company IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Pine Rural TV Cable Company place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2665A1.html
- financial documentation provided by Faith Bible, we conclude that payment of the proposed $8,000 forfeiture would impose a financial hardship on Faith Bible. Therefore, we will cancel the proposed forfeiture. Nevertheless, we find that it is appropriate to admonish Faith Bible for its willful violation of Section 11.35(a). IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,7 the forfeiture in the amount of eight thousand dollars ($8,000) proposed in the June 4, 2002 NAL issued to Faith Bible College, Inc. IS CANCELLED. 9. IT IS FURTHER ORDERED that Faith Bible IS ADMONISHED for failure to maintain operational EAS equipment at Station WTGF in willful violation of Section 11.35(a) of the Rules.
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 201(b), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the joint motion to dismiss the above-captioned petition with prejudice IS GRANTED. 5. IT IS FURTHER ORDERED that the abo ve-captioned petition IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-267A1.pdf
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- this matter, we conclude that there are no substantial and material questions of fact as to whether Yestel possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. 5. Accordingly, IT IS ORDERED, pursuant to sections 4(i) and 503(b) of the Communications Act, 47 U.S.C. 154(i), 503(b), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the abo ve-captioned case as well as the Commission staff inquiry into the matter described herein ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau CONS ENT DECREE 7. The Enforcement Bureau of the Federal
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- $7,000 for transmission of indecent/obscene materials.14 After considering all the facts and circumstances, we conclude that the base forfeiture amount is the appropriate sanction for each of the two violations described above and that neither an upward nor downward adjustment should be made. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. 503(b), and 47 C.F.R. 0.111, 0.311 and 1.80, Emmis FM License Corp. of Chicago FORFEIT to the United States the sum of fourteen thousand dollars ($14,000) for willfully and repeatedly violating 18 U.S.C. 1464 and 47 C.F.R. 73.3999. 16. Payment of the forfeiture may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture
- http://transition.fcc.gov/eb/Orders/2002/DA-02-272A1.html
- for recording a telephone conversation for broadcast without informing the other party of its intention to do so. After considering all the facts and circumstances, we find no reason for reducing that amount. We find that a $4,000 proposed forfeiture is appropriate. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the rules,6 Entercom is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,000 for willfully violating Section 73.1206 of the rules. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the rules,7 within thirty days of this NOTICE OF APPARENT LIABILITY, Entercom SHALL PAY the full amount of the
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2737A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Central Valley Cable TV IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 and October 1, 2005 for the above-captioned cable televisions systems. 7. IT IS FURTHER ORDERED that Central Valley Cable TV place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2738A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 TV Cable of Winamac, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. 7. IT IS FURTHER ORDERED that TV Cable of Winamac, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2739A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 St. Peter Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that St. Peter Cablevision, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2740A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 NewPath Communications, L.C. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the 14 captioned cable television systems. 7. IT IS FURTHER ORDERED that NewPath Communications, L.C. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2741A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Post Cablevision of Nebraska, LP IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. 7. IT IS FURTHER ORDERED that Post Cablevision of Nebraska, LP place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2742A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Illinet Communications of Central Illinois, L.L.C. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. 7. IT IS FURTHER ORDERED that Illinet Communications of Central Illinois, L.L.C. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2743A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 TelePartners, L.L.C. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for two cable television systems in Attachment A and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for 42 cable television systems in Attachment A. 7. IT IS FURTHER ORDERED that TelePartners,
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2744A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Youngsville Television Corporation IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Youngsville Television Corporation place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2745A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 TV Northeast Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that TV Northeast, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2746A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Radcliffe Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Radcliffe Cablevision, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2747A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Whitehall Cable TV IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Whitehall Cable TV place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2748A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 St. Paul Cooperative Telephone Association, d/b/a St. Paul Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable system. 7. IT IS FURTHER ORDERED that St. Paul Cooperative Telephone Association, d/b/a/ St. Paul Cablevision place a copy of this waiver in its system file. 8.
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2749A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Vista III Media, LLC IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the five captioned cable television systems. 7. IT IS FURTHER ORDERED that Vista III Media, LLC place a copy of this waiver in its systems files. 8. IT IS FURTHER ORDERED that a copy of
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2750A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Northland Cable Properties Seven Limited Partnership IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. 7. IT IS FURTHER ORDERED that Northland Cable Properties Seven Limited Partnership place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2758A1.html
- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Fourth Consent Motion of Complainants For Extension of Time In Which To Convert Informal Complaints To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R.
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2764A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Oldtown Community Systems, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the above-captioned cable television system. 7. IT IS FURTHER ORDERED that Oldtown Community Systems, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2765A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Waterville Cable TV IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the above-captioned cable television system. 7. IT IS FURTHER ORDERED that Waterville Cable TV place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2766A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Princetown Cable Company, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the above-captioned cable television system. 7. IT IS FURTHER ORDERED that Princetown Cable Company, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2767A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 M-Tek Systems, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the seven captioned cable television systems. 7. IT IS FURTHER ORDERED that M-Tek Systems, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2768A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 DuBois Communications, Inc. d/b/a DuCom Cable TV IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the seven captioned cable television systems. 7. IT IS FURTHER ORDERED that DuBois Communications, Inc., d/b/a DuCom Cable TV, place a copy of this waiver in its system files. 8. IT IS
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2769A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Comstar Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the seven captioned cable television systems. 7. IT IS FURTHER ORDERED that Comstar Cable TV, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2770A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Sky Cablevision, LLC IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the above-captioned cable television system. 7. IT IS FURTHER ORDERED that Sky Cablevision, LLC place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2772A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Carolina Country Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the above-captioned system. 7. IT IS FURTHER ORDERED that Carolina Country Cable, Inc., place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2773A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Cass Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the four captioned television systems. 7. IT IS FURTHER ORDERED that Cass Cable TV, Inc., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2774A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Rio Cablevision, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the above-captioned systems. 7. IT IS FURTHER ORDERED that Rio Cablevision, Inc., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent by
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2775A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 City of Taconite, Minnesota IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the above-captioned system. 7. IT IS FURTHER ORDERED that City of Taconite, Minnesota, place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2776A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Hubbard Co-op Cable IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the above-captioned system. 7. IT IS FURTHER ORDERED that Hubbard Co-op Cable, place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2777A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Golden West Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the above-captioned cable television system. 7. IT IS FURTHER ORDERED that Golden West Cablevision, Inc., place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2778A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Evertek, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2003 for each of the four captioned television systems. 7. IT IS FURTHER ORDERED that Evertek, Inc., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall be
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2779A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Community Antenna Service, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for the above-captioned system. 7. IT IS FURTHER ORDERED that Community Antenna Service, Inc., place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2780A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Ridgeway Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the above-captioned cable television system. 7. IT IS FURTHER ORDERED that Ridgeway Cablevision place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2781A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Riviera Cable TV IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Riviera Cable TV place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2793A1.html
- conjunction with the Policy Statement as well. As a result of our review, we conclude that Mr. Muoz willfully and repeatedly violated Section 301 of the Act and that he has provided no basis for rescission or reduction of the $10,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,9 Richard Muoz IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Act. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2799A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Midwest Communication and Construction Company, Inc. d/b/a Midwest Cable, IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Midwest Communication and Construction Company, Inc. d/b/a Midwest Cable, place a copy of this waiver in its system file.
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2800A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Midwest Viking Electronics, Inc. d/b/a Polar Cablevision, IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television systems. 7. IT IS FURTHER ORDERED that Viking Electronics, Inc. d/b/a Polar Cablevision, place a copy of this waiver in its systems files. 8. IT IS FURTHER ORDERED
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2801A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Western Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules for the captioned cable television system. 7. IT IS FURTHER ORDERED that Western Cablevision, Inc., place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2802A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Community Cable Corp. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. 7. IT IS FURTHER ORDERED that Community Cable Corp., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2803A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Pathway Com-Tel, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Pathway Com-Tel, Inc., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2804A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Sky Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Sky Cablevision, Inc., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2805A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Treasure Lake Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the above-captioned cable television system. 7. IT IS FURTHER ORDERED that Treasure Lake Communications, Inc., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2806A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Madison Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. 7. IT IS FURTHER ORDERED that Madison Communications Inc., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2807A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Plaquemines Cablevision, Inc. d/b/a Cable Management Associates IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Plaquemines Cablevision, Inc. d/b/a Cable Management Associates place a copy of this waiver in its system files. 8. IT IS
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2808A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Cable Video Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Cable Video Communications, Inc., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2809A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Clark Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Clark Cablevision, Inc., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2810A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Bradley Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the nine captioned cable television systems. 7. IT IS FURTHER ORDERED that Bradley Communications, Inc., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2811A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Bonduel Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Bonduel Cable TV, Inc., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2824A1.html
- District Director of the Commission's Denver, Colorado Field Office (``Denver Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'')2 in the amount of $10,000. Mount Rushmore has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Mount Rushmore IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules5 within 30 days of the release of this Order. If the forfeiture is
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2825A1.html
- Field Office (``Denver Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'')2 in the amount of $3,000. Mount Rushmore has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, (``the Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Mount Rushmore IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully violating Sections 73.1350 and 73.1400 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules5 within 30 days of the release of this Order. If the
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2863A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Northern Colorado Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Northern Colorado Communications, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2864A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Northland Cable Television, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the 15 captioned cable television systems listed in Attachment A. 7. IT IS FURTHER ORDERED that Northland Cable Television, Inc., place a copy of this waiver in its systems files. 8. IT IS FURTHER ORDERED that
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2865A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Northland Cable Ventures LLC IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the three captioned cable systems. 7. IT IS FURTHER ORDERED that Northland Cable Ventures LLC place a copy of this waiver in its systems files. 8. IT IS FURTHER ORDERED that a copy
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2866A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Tel-Star Cablevision, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the six captioned cable television systems. 7. IT IS FURTHER ORDERED that Tel-Star Cablevision, Inc., place a copy of this waiver in its systems files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2867A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Sky Cablevision, Ltd. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the five captioned cable television systems. 7. IT IS FURTHER ORDERED that Sky Cablevision, Ltd., place a copy of this waiver in its systems files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2868A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Reynolds Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Reynolds Cable TV, Inc. place a copy of this waiver in its system file 8. IT IS FURTHER ORDERED that a copy of this
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2869A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 West Texas Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that West Texas Cablevision, Inc. place a copy of these waivers in its systems files. 8. IT IS FURTHER ORDERED that a copy of
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2870A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Southwest Cablevision, Inc. d/b/a Cable Management Associates IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. 7. IT IS FURTHER ORDERED that Southwest Cablevision, Inc. d/b/a Cable Management Associates place a copy of these waivers in its systems files. 8. IT IS
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2871A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Claiborne Cable TV, Inc. d/b/a Cable Management Associates IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED Claiborne Cable TV, Inc. d/b/a Cable Management Associates that place a copy of this waiver in its system file. 8. IT
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2872A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Hoverson Cable TV IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. 7. IT IS FURTHER ORDERED that Hoverson Cable TV place a copy of this waiver in its systems files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2873A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 D.E.B. Cabletech, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. 7. IT IS FURTHER ORDERED that D.E.B. Cabletech, Inc., place a copy of this waiver in its systems files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2876A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Central Texas Communications, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the Lohn, Texas and San Saba, Texas systems. 7. IT IS FURTHER ORDERED that Central Texas Communications, Inc., place a copy of these waivers in its systems files. 8. IT IS FURTHER ORDERED that a copy
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2877A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Simpson County Cable T.V., Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the above-captioned cable television system. 7. IT IS FURTHER ORDERED that Simpson County Cable T.V., Inc., place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2878A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Western Shore Cable IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Western Shore Cable, place a copy of these waivers in its systems files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2879A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Gilmer Cable Television Company IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the above-captioned cable television system. 7. IT IS FURTHER ORDERED that Gilmer Cable Television Company place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2880A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Lamberton Cable TV and Walnut Grove Cable TV ARE GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Lamberton Cable TV and Walnut Grove Cable TV, place a copy of this waiver in its system files. 8. IT
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2881A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 New Century Communications, Co. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the 33 cable systems listed in Attachment A. 7. IT IS FURTHER ORDERED that New Century Communications, Co., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2882A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Glass Antenna Systems, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Glass Antenna Systems, Inc., place a copy of these waivers in its systems files. 8. IT IS FURTHER ORDERED that a copy of this
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2883A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 City of Norway, Michigan IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. 7. IT IS FURTHER ORDERED that City of Norway, Michigan place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2884A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Craig Cable Television, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the above-captioned cable television system. 7. IT IS FURTHER ORDERED that Craig Cable Television, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2885A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Savage Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until April 1, 2003 for the cable television systems in Isle, Minnesota and Sandstone, Minnesota and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the cable television systems in Damum, Minnesota; Floodwood, Minnesota; Greenway,
- http://transition.fcc.gov/eb/Orders/2002/DA-02-288A1.html
- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the unopposed motion to dismiss the above-captioned complaint without prejudice IS GRANTED. 5. IT IS FURTHER ORDERED that the above-cap tioned complaint IS DISMISSED WITHOUT PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Cable
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2892A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Colane Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the cable television system in Omar, West Virginia and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the cable television systems in Delbarton, West Virginia; Beechcreek, West Virginia;
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2893A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Caspian Community TV Corporation IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Caspian Community TV Corporation, place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2894A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Country Cable LLC IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Country Cable LLC place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2895A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Sullivan Communications, Inc. d/b/a Pine Forest Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Sullivan Communications, Inc. d/b/a Pine Forest Cablevision, place a copy of this waiver in its system files. 8. IT IS FURTHER
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2896A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Community Cable Corporation of PA IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Community Cable Corporation of PA, place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2897A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Socorro Satellite Systems IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Socorro Satellite Systems, place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2899A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Communications 1 Cablevision, Inc. d/b/a Norway Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Communications 1 Cablevision, Inc. d/b/a Norway Cablevision, Inc. place a copy of this waiver in its system file. 8. IT
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2900A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Midcontinent Communications IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for two cable television systems in Attachment A and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for 10 cable television systems in Attachment A. 7. IT IS FURTHER ORDERED that Midcontinent
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2901A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Prairieburg Telephone Company, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Prairieburg Telephone Company, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2902A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 County Line Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that County Line Cablevision, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2903A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Community Cablevision Co. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for one cable television system in Attachment A and IS GRANTED a waivers of Section 11.11(a) of the Rules until October 1, 2005 for 11 cable televisions systems in Attachment A. 7. IT IS FURTHER ORDERED the
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2904A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Jordan-Soldier Valley Telephone Company IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2003 for three captioned cable television systems and IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for two captioned cable televisions systems. 7. IT IS FURTHER ORDERED that Jordan-Soldier Valley Telephone Company place
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2905A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 CableAmerica Corporation IS GRANTED a waivers of Section 11.11(a) of the Rules until October 1, 2003 for the Coolidge, Arizona and Maryland Heights, Missouri cable television systems and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the Gilda Bend, Arizona, Eagle Harbor, Michigan, Doolittle and Richland, Missouri
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2906A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Northland Cable Properties Eight Limited Partnership IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. 7. IT IS FURTHER ORDERED that Northland Cable Properties Eight Limited Partnership place a copy of these waivers in its systems files. 8. IT IS FURTHER ORDERED that
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2907A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 E. D. & D, Inc. d/b/a Haines Cable Tv and Skagway Cable Tv ARE GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that E. D. & D, Inc. d/b/a Haines Cable Tv and Skagway Cable Tv place a
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2908A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Com-Link, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Com-Link, Inc. place a copy of these waivers in its systems files. 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2909A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Kennedy Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for the Reidsville, Georgia cable television system and IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the Cobbtown and Georgia State Prison, Georgia cable television systems. 7. IT IS FURTHER ORDERED
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2910A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Dumont Telephone Company IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Dumont Telephone Company place a copy of these waivers in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2911A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Basil O. Ellis d/b/a Bocco Cable IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. 7. IT IS FURTHER ORDERED that Basil O. Ellis d/b/a Bocco Cable place a copy of these waivers in its systems files. 8. IT IS FURTHER ORDERED that
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2912A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Roome Telecommunications, Inc. d/b/a RTI Cable Television IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Roome Telecommunications, Inc. d/b/a RTI Television place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2914A1.html
- Enforcement Bureau's Chicago District Office issued a $17,000 Notice of Apparent Liability for Forfeiture (``NAL'') to Cornbelt Broadcasting for the noted violations.2 Cornbelt Broadcasting has not filed a response. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules,4 Cornbelt Broadcasting Co. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully and repeatedly violating Sections 11.35(a), 17.4(g), and 73.49 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- plus franchise fees, if any, and interest on the franchise fee principal amount, to its CPST subscribers within 60 days of the release of this Order. 6. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that the petition for reconsideration filed by Operator is DENIED. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 76.962, that Operator shall refund to subscribers in the franchise area referenced above the total amount of $773,350.00, plus any additional interest accruing between November 30, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 The term "Operator" includes Operator's predecessors and successors in interest. 2 In the Matter of Suburban Cable TV Co., Inc., DA 02-1704 (EB, released July 17, 2002). 3 The Refund Order required Operator to determine the overcharges to
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 The term "Operator" includes Operator's predecessors and successors in interest. 2 In the Matter of Battlefield Cable TV Company, DA 02-2165 (EB, released September 6, 2002). 3 The Refund Order required Operator to determine the overcharges to cable
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- pay the full forfeiture amount; indeed, such a claim would require supporting finnacial information, which VelociTel did not provide. 9. We find, however, upon review of the facts regarding the violations, that a reduction of the forfeiture amount to $10,000 is warranted. IV. Ordering Clauses 10. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,9 VelociTel IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willful violation of the provisions of 17.51(b) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 The term "Operator" includes Operator's predecessors and successors in interest. 2 In the Matter of Marcus Cable Associates,LP, DA 02-1388 (EB, released June 17, 2002). 3 The Refund Order required Operator to determine the overcharges to cable programming
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- of refund, plus franchise fees, if any, and interest on the franchise fees. We modify the Prior Order accordingly. 5. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that the petition for reconsideration filed by Operator is GRANTED IN PART TO THE EXTENT INDICATED HEREIN. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In The Matter of Century Communications Corporation, DA 02- 408, 17 FCC Rcd 3483 (CSB 2002) IS MODIFIED TO THE EXTENT INDICATED HEREIN. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier
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- conclude that there are no longer issues in controversy and therefore, we accept the withdrawal of the pleadings, dismiss the Complaint with respect to unresolved post- 1998 rate calculations and terminate the proceeding with prejudice. We also grant BellSouth's unopposed request for a short extension of the time for payment of refunds. 4. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1415 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1415, that the referenced complaint IS DISMISSED WITH PREJUDICE TO THE EXTENT INDICATED HEREIN and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello Assistant Chief, Enforcement Bureau _________________________ 1 Section 224 of the Communications Act of 1934, as amended, 47 U.S.C. 224. 2 47 C.F.R. 1.1401-1.1418.
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- a joint notice of settlement and request for dismissal of the Petition and termination of the proceedings. On the basis of the statement contained in the notice, we conclude that there are no longer issues in controversy and therefore, we vacate the stay, dismiss the Petition with prejudice and terminate this proceeding. 2. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311, 1.1403 (d) and 1.1415 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.1403 (d) and 1.1415, that the referenced stay IS VACATED, the referenced petition IS DISMISSED WITH PREJUDICE and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello Assistant Chief, Enforcement Bureau _________________________ 1 47 U.S.C. 224. 2 47 C.F.R. 1.1403. 3 City of Dublin, Georgia v.
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- Forfeiture Guidelines set a base forfeiture amount of $7,000 for transmission of indecent/obscene materials.17 After considering all the facts and circumstances, we conclude that the base forfeiture amount is the appropriate sanction for each of the occasions on which WKQX(FM) broadcast indecent material. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. 503(b), and 47 C.F.R. 0.111, 0.311 and 1.80, Emmis Radio License Corporation FORFEIT to the United States the sum of twenty-one thousand dollars ($21,000) for willfully and repeatedly violating 18 U.S.C. 1464 and 47 C.F.R. 73.3999. 14. Payment of the forfeiture may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture Collection Section,
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Community Communications Company and Affiliates IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for one cable television system in Warrenton, Arkansas and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for 25 cable television systems in the states of Arkansas, Louisiana and
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Miller Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Miller Cablevision, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 North State Cablevision Company IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that North State Cablevision Company place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 N. W. Communications IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the four captioned cable television systems. 7. IT IS FURTHER ORDERED that N. W. Communications place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Houlton Telo-Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the four captioned cable television systems. 7. IT IS FURTHER ORDERED that Houlton Telo-Cable, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Family View Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Family View Cablevision place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Go Cable Services of America, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Go Cable Services of America, Inc. place a copy of this waiver in its system files. 8. IT IS
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Hydaburg Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Hydaburg Cable TV, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Goldston CATV IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Goldston CATV place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Boycom Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for its Butler, Missouri cable system and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for its Wappapello, Missouri cable system. 7. IT IS FURTHER ORDERED that Boycom Cablevision, Inc. place
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Shell Knob Cable TV Co. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Shell Knob Cable TV Co. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Cable Tech Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Cable Tech Cable TV, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Fifth Consent Motion of Complainants For Extension of Time In Which To Convert Informal Complaints To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R.
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- for damages in a subsequent proceeding brought under section 1.722 of the Commission's rules.44 IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 201(b), 208, and 332 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 201(b), 208, 332, section 51.703 of the Commission's rules, 47 C.F.R. 51.703, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the above-referenced complaint filed by Metrocall IS GRANTED IN PART to the extent specified herein, and in all other respects is DENIED, as of the Release Date of this Order. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended,
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- for further litigation and the expenditure of additional time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 208, and 405 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 208, and 405, and section 1.106 of the Commission's rules, 47 C.F.R. 1.106, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the joint motion to dismiss the above-captioned Petition with prejudice IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), 208 and 405 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 208, and 405, and section 1.106 of the Commission's rules, 47 C.F.R. 1.106,
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- the Policy Statement as well. As a result of our review, we conclude that Oberlin willfully and repeatedly violated Section 11.35(a) of the Rules, but we reduce the forfeiture amount from $8,000 to $1,000 based on its inability to pay the forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,7 Oberlin College Student Network, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willful and repeated violation of Section 11.35(a) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- a result of our review, we conclude that Mitchell willfully and repeatedly violated Section 17.4(a) of the Rules and willfully violated Section 73.49 of the Rules, and we find no basis for canceling or reducing the $13,000 forfeiture proposed for these violations. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 Mitchell Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen thousand dollars ($13,000) for willful and repeated violation of Section 17.4(a) of the Rules and willful violation of Section 73.49 of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 The term "Operator" includes Operator's predecessors and successors in interest. 2 In the Matter of Chattanooga Cable TV Company, DA 02-2464 (EB, released October 1, 2002). 3 The Refund Order required Operator to determine the overcharges to cable
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- of this case, we conclude that neither cancellation nor further reduction of the forfeiture is warranted. Accordingly, we find California Speedway is liable in the amount of $8,000 for unlicensed operation of a radio station in violation of Section 301 of the Act. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,32 California Speedway IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for unlicensed operation of a radio station in willful violation of Section 301 of the Act. 17. Payment of the forfeiture shall be made in the manner provided in Section 1.80 of the Rules within 30 days of
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- financial documentation provided by Faith Mountain, we conclude that payment of the proposed $8,000 forfeiture would impose a financial hardship on Faith Mountain. Therefore, we will cancel the proposed forfeiture. Nevertheless, we find that it is appropriate to admonish Faith Mountain for its willful violation of Section 11.52(a). IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 the forfeiture in the amount of eight thousand dollars ($8,000) proposed in the June 19, 2002 NAL issued to Faith Mountain Communications, Inc. IS CANCELLED. 9. IT IS FURTHER OREDERED that Faith Mountain IS ADMONISHED for failure to install EAS equipment at Station WRRL(AM) in willful violation of Section 11.52(a) of the Rules. 10.
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- amount on this basis. Finally, Beacon states that it is attempting to comply with the FCC's rules. However, Beacon's remedial efforts to correct the violation, while commendable, are not a mitigating factor. See Station KGVL, Inc., 42 FCC 2d 258, 259 (1973). IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,7 Beacon Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fifteen thousand dollars ($15,000) for failure to failure to post the Antenna Structure Registration numbers on the WGRP(AM) antenna structures, failure to notify the Federal Aviation Administration that the obstruction lighting was improperly functioning, and failure to repaint the WGRP(AM) antenna
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- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Bestov Broadcasting willfully violated Section 17.51of the Rules, and we find no basis to rescind or reduce the $10,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules,10 Bestov Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 17.51 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Sixth Consent Motion of Complainants For Extension of Time In Which To Convert Informal Complaints To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R.
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- justice may require. We believe that the seriousness of the safety violation warrants the proposed $10,000 forfeiture amount. Accordingly, applying the Forfeiture Policy Statement and statutory factors to the instant case, we conclude that Americom is apparently liable for a $10,000 forfeiture. IV. Ordering Clauses 20. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules,19 Americom Las Vegas Limited Partnership, IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 1.1310 of the Rules. 21. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
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- of further time and resources of the parties and of the Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208 and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and 276, sections 1.720-1.736 and 64.1300-64.1320 of the Commission's rules, 47 C.F.R. 1.720-1.736, 64.1300-64.1320, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 U.S.C. 208. 2 See 47 C.F.R. 64.1300-64.1320. These rules were promulgated to implement section 276 of the
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- of further time and resources of the parties and of the Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208 and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and 276, sections 1.720-1.736 and 64.1300-64.1320 of the Commission's rules, 47 C.F.R. 1.720-1.736, 64.1300-64.1320, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 U.S.C. 208. 2 See 47 C.F.R. 64.1300-64.1320. These rules were promulgated to implement section 276 of the
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- of the parties and of this Commission until such time as may actually be necessary. 7. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Partial Withdrawal of Informal Complaint and Petition for Additional Extension of Time filed by Indiana Paging Network, Inc. IS GRANTED. 8. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby
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- 73.49 and 73.1350(a) of the Rules, and we find no basis to rescind or reduce the forfeitures proposed for these violations, which total $8,800. However, we cancel the $2,400 forfeiture proposed in the NAL for violation of Section 17.4(a) of the Rules. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,9 Truth Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand eight hundred dollars ($8,800) for willful and repeated violations of Sections 73.49 and 73.1350(a) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Seventh Consent Motion of Complainants For Extension of Time In Which To Convert Informal Complaints To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R.
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- for further litigation and the expenditure of additional time and resources of the parties and this Commission. 4. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 224, and section 1.1415 of the Commission's rules, 47 C.F.R. 1.1415, and authority delegated by sections 0.111, and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the joint motion to dismiss without prejudice the above-captioned complaint filed by Cavalier IS GRANTED in its entirety. 5. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 224, and section 1.1415
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- litigation and the expenditure of additional time and resources of the parties and this Commission.55 IV. ORDERING CLAUSES 23. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), and 224, and section 1.1415 of the Commission's rules, 47 C.F.R. 1.1415, and authority delegated by sections 0.111, and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Order and Request for Information issued by the Cable Services Bureau on June 7, 2000 in the above-captioned proceeding, Cavalier Telephone, LLC v. Virginia Electric and Power Company, Order and Request for Information, 15 FCC Rcd 9563 (Cable Serv. Bur. 2000), IS VACATED in its entirety. 24. IT
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- the licensee. If Media fails to submit such a report or we find that Media has not come into compliance with our antenna structure rules, we will consider issuing an Order to Show Cause commencing a hearing proceeding to revoke Media's licenses. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 Media IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000) for failure to exhibit red obstruction lighting on its antenna structure between sunset and sunrise in repeated and willful violation of Sections 17.4(g) and 17.51(a) of the Rules. 15. IT IS ALSO ORDERED that, pursuant Section 308(b) of the
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- of its installation program or until these temporary waivers expire, whichever occurs first. The initial report is due on January 1, 2003, with subsequent progress reports due on the first business day of each successive month during the waiver period. A final report is due on or before April 1, 2003. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,11 Adelphia Communications Corporation IS GRANTED temporary waivers of Section 11.11(a) of the Rules as specified herein for the 65 cable television systems listed in Attachment A. 6. IT IS FURTHER ORDERED that Adelphia Communications Corporation submit monthly progress reports on its EAS equipment installation program with the Chief of the Technical and Public Safety
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- we believe no factors exist beyond those already considered in the NAL for further reducing the amount of the forfeiture. Based on the totality of the information before us, we conclude that a forfeiture in the total amount of $5,500 is appropriate.10 V. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED, pursuant to section 47 U.S.C. 503(b) and Section 47 C.F.R. 0.111, 0.311, and 1.80, that Northeast Utilities IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand, five hundred dollars ($5,500) for willfully and repeatedly violating 47 C.F.R. 1.17. 16. IT IS FURTHER ORDERED, that payment of this forfeiture shall be made in the manner provided for in 47 C.F.R. 1.80 within 30 days of the release of this
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- of the license for WIPC to Siber was consummated on April 30, 2002. Therefore, it appears that Seggi was no longer the owner of WIPC or the two antenna structures at the time the violations referenced in the NAL occurred. 3. Accordingly, IT IS ORDERED that, pursuant to Section 504(b) of the Communications Act of 1934, as amended,4 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,5 the June 20, 2002 Notice of Apparent Liability issued to Seggi Broadcasting of Florida, Inc. IS CANCELLED. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail return receipt requested to Seggi Broadcasting of Florida, Inc., 2000 Universal Studios, Suite 604, Orlando, Florida
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- Director of the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000.2 Manuel M. Vzquez has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, (``Rules'')4 Manuel M. Vzquez IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules 5 within 30 days of the release of this
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- Field Office (``Kansas City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000.2 Deans Cablevision has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Deans Cablevision IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 17.50 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules 5 within 30 days of the release of this Order. If the forfeiture
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- of the Commission's Los Angeles, California Field Office (``Los Angeles Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'')3 in the amount of $15,000. El Dorado has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,4 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,5 El Dorado IS LIABLE FOR A MONETARY FORFEITURE in the amount of $15,000 for willfully violating Section 303(q) of the Act and Sections 17.23, 17.47(a), 17.48(a), 17.56, and 17.57 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules6 within 30 days
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- parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3, 1.716-18, and 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.3, 1.716-18, 1.720-36, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Joint Motion to Convert Case IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3, 1.716-18, and 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.3, 1.716-18, 1.720-36,
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- counsel to act in accordance with this prohibition in the future.7. Accordingly, it is hereby ORDERED th at, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and sections 1.52, 1.115(d), and 1.711-1.736 of the Commission's rules, 47 C.F.R. 1.52, 1.115(d), 1.711-1.736, and authority delegated by sections 0.111, and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, the filings of DDA referenced herein ARE DISMISSED, and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 For administrative convenience, these filings have been consolidated into one docket. See 47 U.S.C. 154(j). 2 See, e.g., Direct Dial Audio
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- record of compliance with the Commission's rules, we believe a $22,400 forfeiture is appropriate in this case for the apparent broadcast of indecent material on December 7, 2000, December 8, 2000, January 8, 2001, and January 17, 2001. IV. ORDERING CLAUSES 17. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules,13 that Edmund Dinis. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty-two thousand four hundred dollars ($22,400) for willfully violating 18 U.S.C. 1464 and section 73.3999 of the Commission's rules. 18. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty days of
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Eighth Consent Motion of Complainants For Extension of Time In Which To Convert Informal Complaints To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R.
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- the first year rate is $7.48; for areas with an average of three and one-half attachers, the first year rate is $8.16; for areas with an average of three attachers, the first year rate is $8.53. Consequently, we find that Respondent's actual pole attachment rate of $47.25 is not just and reasonable. 10. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1401-1.1418, that the relief requested in the Complaint IS GRANTED TO THE EXTENT INDICATED HEREIN. 11. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 1.1410 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1410, that the annual pole attachment rate of $47.25 IS UNREASONABLE and
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- conjunction with the Policy Statement as well. As a result of our review, we conclude that Mr. Sarmiento willfully and repeatedly violated Section 301 of the Act and that he has provided no basis for rescission or reduction of the $10,000 forfeiture. IV. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,20 Octavio Sarmiento, Jr. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Act. 17. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of Complainant For Extension of Time In Which To Convert Informal Complaint To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadline that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718,
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- and twenty (120) days after the D.C. Circuit's decision on the merits in ACS of Anchorage, Inc. v. FCC, Case No. 01-1059, has become final and appellate remedies have been exhausted. 5. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 154(i), 154(j), 208 and the authority delegated by sections 0.111, 0.311, 1.717, and 1.718 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.717, and 1.718, that Vitelco respond to WorldCom's informal complaint no sooner than ninety (90) days after the D.C. Circuit's decision on the merits in ACS of Anchorage, Inc. v. FCC, Case No. 01-1059, has become final and appellate remedies have been exhausted, but no later than one
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- Allis) ) Application for Review ) ORDER Adopted: December 19, 2002 Released: December 23, 2002 By the Chief, Enforcement Bureau: 1. In this Order, in light of new information provided by Time Warner Entertainment Company, LP,1 we grant reconsideration on our motion of our Order, DA 02-2917,2 and dismiss the underlying complaint in this proceeding. 2. Accordingly, pursuant to sections 0.111 and 0.311 of the Commission's Rules, 47 C.F.R. 0.111 and 0.311, IT IS ORDERED THAT Time Warner Entertainment Company, LP, DA 02-2917 (EB Oct. 31, 2002), and Time Warner Entertainment Company, LP, 17 FCC Rcd 8320 (EB 2002), ARE VACATED. 3. IT IS FURTHER ORDERED THAT the Complaint in this proceeding filed February 28, 1994, the Application for Review, filed
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- December 19, 2002 Released: December 23, 2002 By the Chief, Enforcement Bureau:1 1. In this Order, we reconsider, on our own motion, the refund plan rejected by Cable Services Bureau Order, DA 99-2749.2 In this Order, upon further review, we accept Operator's certification that its previously refunded amount of $151,234.53 satisfies its CPST refund liability. 2. Accordingly, pursuant to sections 0.111 and 0.311 of the Commission's Rules, 47 C.F.R. 0.111 and 0.311, IT IS ORDERED THAT In the Matter of Marcus Cable Associates, LP, DA 99- 2749, 14 FCC Rcd 20760 (CSB 1999) IS MODIFIED AS INDICATED HEREIN. 3. IT IS FURTHER ORDERED THAT the Application for Review in this proceeding, filed January 10, 2000, IS DISMISSED AS MOOT. FEDERAL COMMUNICATIONS
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- of a particular interest rate, based upon past Commission precedent.31 IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208 and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and 276, sections 1.720-1.736 and 64.1300-64.1320 of the Commission's rules, 47 C.F.R. 1.720-1.736, 64.1300-64.1320, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Complainants' motion for default judgment IS GRANTED to the extent indicated herein. 16. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 208, and 276, sections 1.720- 1.736 and 64.1300-64.1320 of the Commission's
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- reviewing Commission records, we conclude that a further downward adjustment of the forfeiture amount based on BanJo's past history of compliance is warranted. We accordingly reduce the total forfeiture amount for BanJo's violations of Sections 1.89(b) and 11.35(a) from $15,000 to $12,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 BanJo Communications Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for willful and repeated violations of Sections 1.89(b) and 11.35(a) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- as well. As a result of our review, we conclude that Alpha willfully violated Section 301 of the Act and Section 1.903(a) of the Rules, and we find no basis for rescission or reduction of the $10,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,9 Alpha Ambulance, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act and Section 1.903(a) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- Furthermore, in view of the complainant's alternative request that we dismiss the complaint with prejudice, we believe that such dismissal is in the public interest. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 201(b), 208, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the formal complaint of Garin Strategic Research Group LLC, d/b/a Peter D. Hart Research Associates, Inc., filed on August 15, 2002, is DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Deputy Chief Telecommunications Consumers Division Enforcement Bureau _________________________ 1 47 U.S.C. 208. 2 See Formal Complaint of Garin
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- the need for further litigation and the expenditure of additional time and resources of the parties and this Commission. 4. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and authority delegated by sections 0.111, and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the joint motion to dismiss with prejudice the above-captioned complaint filed by EarthLink, Inc. IS GRANTED in its entirety. 5. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.720-1.736 of
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of AT&T Corp. to Extend Time in Which to Convert Informal Complaints to Formal Complaints and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718,
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- willful violations of Sections 1.89(b) and 11.35(a) of the Rules. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act,5 and Section 1.106 of the Rules,6 Patrick's petition for reconsideration of the Forfeiture Order in this proceeding IS hereby GRANTED to the extent noted herein. 8. IT IS FURTHER ORDERED that, pursuant to Sections 0.111, 0.311 and 1.80(i) of the Rules,7 the forfeiture in the amount of twenty two thousand dollars ($22,000) issued to Jamie Patrick Broadcasting, Ltd. IS CANCELLED. 9. IT IS FURTHER ORDERED that, Patrick IS ADMONISHED for its failure to respond to Commission correspondence and for its failure to install EAS equipment at Station KTRY-FM in willful violation of Sections 1.89(b) and
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of AT&T Corp. to Extend Time in Which to Convert Informal Complaints to Formal Complaints and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that the informal complaints against Advamtel, LLC d/b/a Plan B Communications, CFW Communications Company & CFW Networks, Inc., Commonwealth Telephone Enterprises
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- having reviewed the record and the Consent Decree, including the incorporated Compliance Plan, we believe that the public interest will be served by adopting the Consent Decree and terminating the Enforcement Bureau's forfeiture proceeding against Fifth Avenue. 4. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended,3 and Section 0.111 and 0.311 of the Commission's Rules,4 the Consent Decree attached to this Order, IS ADOPTED. 5. IT IS FURTHER ORDERED that the Enforcement Bureau's forfeiture proceeding against Fifth Avenue IS TERMINATED. 6. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by Certified Mail Return Receipt Requested to Susan Marshall, Esq., and Vincent
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- Resident Agent Office (``Miami Office'') issued a Notice of Apparent Liability for Forfeiture in the amount of seven thousand dollars ($7,000) to Electronics Unlimited for the noted violations.3 Electronics Unlimited has not filed a response. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act,4 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,5 Electronics Unlimited, IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for marketing a non-compliant high-power cordless telephone in willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in
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- October 29, 2001, the Commission's Miami, Florida, Resident Agent Office issued a Notice of Apparent Liability for Forfeiture in the amount of $7,000 to Lightning for the noted violations.3 Lightning has not filed a response. Based on the information before us, we affirm this forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,4 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,5 Lightning IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules6 within 30 days of
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of AT&T Corp. to Extend Time in Which to Convert Other Informal Complaints to Formal Complaints and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R.
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- a licensee's gross revenues are the best indicator of its ability to pay a forfeiture.12 After reviewing the financial data submitted, we find no evidence in NIE's response that would support cancellation of the forfeiture or a reduction based upon financial hardship. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 New Image Electronics, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for violating Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- by promoting the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the joint motion to dismiss the above-captioned complaint with prejudice IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's
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- Field Office issued a $4,000 Notice of Apparent Liability for Forfeiture (``NAL'') to National Cable for the noted violation.2 National Cable has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules,4 National Cable IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully violating Section 1.89(b) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules5 within 30 days of the release of this Order. If the forfeiture is not
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- long-held position that licensees are responsible for their agents' acts and omissions.4 Turning to WHNY(AM)'s claim of remedial action, we cite to another well-established FCC position: remedial action, although commendable, will not nullify a forfeiture penalty.5 IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),6 and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules,7 C.W.H. Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,500 for willfully violating Sections 17.4(a)(2), 17.51(a), and 73.49 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.808 of the Rules within 30 days of the release of this Order. If
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of AT&T Corp. Requesting An Additional Extension of Time in Which to Convert Other Informal Complaints to Formal Complaints and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our
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- is appropriate. In Citicasters, we specifically put AMFM's corporate parent, Clear Channel Communications, Inc. (``Clear Channel''), on notice that broadcasting a conversation from an answering machine was prohibited by 47 C.F.R. 73.1206.3 We therefore find that a $6,000 proposed forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,4 and Sections 0.111, 0.311 and 1.80 of the Commission's rules,5 AMFM Radio Licenses, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $6,000 for willfully violating Section 73.1206 of the Commission's rules.6 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the rules,7 within thirty days of this NOTICE OF APPARENT LIABILITY, AMFM Radio Licenses,
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- the United States Treasury.2 3. After having reviewed the record and the Consent Decree, including the incorporated Compliance Plan, we believe that the public interest will be served by adopting the Consent Decree and terminating the Enforcement Bureau's forfeiture proceeding against Enron. 4. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Act,3 and Sections 0.111 and 0.311 of the Commission's Rules,4 the Consent Decree attached to this Order, IS ADOPTED. 5. IT IS FURTHER ORDERED that the Enforcement Bureau's forfeiture proceeding against Enron IS TERMINATED. 6. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by Certified Mail Return Receipt Requested to Aileen A. Pisciotta, Kelley Drye Warren
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- ability to pay, and such other matters as justice may require.''24 After reviewing all of the circumstances, we believe a $21,000 forfeiture is appropriate in this case for the apparent broadcast of indecent material on three separate occasions. IV. ORDERING CLAUSES 17. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules,25 that Emmis Radio License Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for willfully and repeatedly violating 18 U.S.C. 1464 and section 73.3999 of the Commission's rules. 18. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty
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- of the parties and of this Commission until such time as may actually be necessary. 8. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Partial Withdrawal of Informal Complaint and Petition for Additional Extension of Time filed by Indiana Paging Network, Inc. IS GRANTED. 9. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby
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- brought to its attention, we note that corrective action taken after notice of a violation, while commendable, does not mitigate the violation.17 However, we conclude that KYS's overall history of compliance does justify reduction of the forfeiture amount from $2,200 to $1,500.18 IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 506(a) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,19 KYS, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violation of the Great Lakes Agreement and Section 80.953(a) and (b) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of AT&T Corp. Resolving Certain Informal Complaints and Requesting An Additional Extension of Time in Which to Convert Other Informal Complaints to Formal Complaints and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that the informal complaints against Intermedia, File No. EB-01-MDIC-0010 and Winstar, File
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- appropriate. 11. We have examined Rodriguez's response to the NAL in light of the above statutory factors and the factors set forth in the Policy Statement. Taking all of these factors into account, we conclude that the proper forfeiture amount is $1,000. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,9 Javier Rodriguez IS LIABLE FOR A MONETARY FORFEITURE in the amount of $1,000 for willful violation of the provisions of Sections 301 of the Act. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- this case. See Riverside Broadcasting, Inc., 15 FCC Rcd 18322 (EB 2000) (NAL paid; licensee found apparently liable for $10,000 forfeiture for denying access to station's public inspection file on June 13 and 14, 2000). IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.80, that M&R Enterprises, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 73.3526 of the Commission's rules, 47 C.F.R. 73.3526. 11. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of AT&T Corp. Resolving Certain Informal Complaints and Requesting An Additional Extension of Time in Which to Convert Informal Complaint Against CTC Telcom to Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that the informal complaints against CT Communications, Inc. and CTC
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- of the parties and of this Commission until such time as may actually be necessary. 7. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.115 and 1.722 of the Commission's rules, 47 C.F.R. 1.115, 1.722, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Metrocall's Consent Motions for Extension of Time, filed on April 5, April 9, and April 12, 2002, ARE GRANTED. 8. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines for Metrocall to file its opposition to Concord's Application for Review under section 1.115 of the Commission's
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- hardship. In support of this contention, New World submitted copies of its 1998, 1999, and 2000 federal income tax returns. Upon review of the financial documentation provided by New World, we believe that reduction of the forfeiture amount to $2,000 is appropriate. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,7 New World Broadcasting Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for violating Sections 11.35(a) and 73.1400(a) of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- of the parties and of this Commission until such time as may actually be necessary. 9. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Partial Withdrawal of Informal Complaint and the Petition for Additional Extension of Time filed by Indiana Paging Network, Inc. ARE GRANTED. 10. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are
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- maintained its automatic alarm systems, which would have led it to discover the lighting violations. Finally, Florida Power argues that we should consider its history of overall compliance with the Rules. We will do so and reduce the $10,000 forfeiture to $8,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Florida Power IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for failure to properly exhibit red obstruction lighting between sunset and sunrise on its antenna structure in willful violation of Section 17.51(a) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for
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- issued a Notice of Apparent Liability for Forfeiture in the amount of twenty two thousand dollars ($22,000) to Patrick for the noted violations.2 Patrick has not filed a response. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Jamie Patrick Broadcasting, Ltd., IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty two thousand dollars ($22,000) for failing to respond to Commission correspondence, failing to install and operate EAS equipment, and failing to maintain a public inspection file in willful violation of Sections 1.89(b), 11.35(a), and 73.3526(a)(2) of the Rules. 4.
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of AT&T Corp. Requesting Additional Extension of Time in Which to Convert Informal Complaint Against CTC Telcom to Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of
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- Director of the Commission's Detroit, Michigan Field Office issued a $17,000 Notice of Apparent Liability for Forfeiture (``NAL'') to Central Transport for the noted violations.3 Central Transport has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act4 and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules,5 Central Transport IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully violating Section 303(q) of the Act and Sections 17.4(a) and 1.89(b) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules6 within 30 days of the release
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- prior offenses, ability to pay, and such other matters as justice may require.''17 15. After reviewing all of the circumstances, we believe that a $7,000 forfeiture is appropriate in this case for the apparent broadcast of indecent material. IV. ORDERING CLAUSES 16. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules,18 that GA-MEX Broadcasting, Inc., and WAZX-FM, Inc., are hereby NOTIFIED of their APPARENT LIABILITY FOR FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating 18 U.S.C. 1464 and section 73.3999 of the Commission's rules. 17. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.11 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.12 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,13 Classic Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until April 1, 2004 for 11 cable television systems listed in Attachment A, IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for 65 cable television systems listed in Attachment A, and IS GRANTED a waiver
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- Act by failing to allow conversion of special access circuits to EELs or by prohibiting the transport of tariffed and UNE traffic over shared DS3 circuits. V. ORDERING CLAUSE 42. ACCORDINGLY, IT IS ORDERED, pursuant to Sections 4(i), 4(j), 201, 208, and 251 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 201, 208, 251 and Sections 0.111 and 0.311 of the Commissions Rules, 47 C.F.R. 0.111 and 0.311 that the formal complaint of Net2000 Communications Services, Inc. against Verizon - Washington, D.C., Inc., Verizon - Maryland, Inc. and Verizon - Virginia, Inc. IS DENIED. 43. IT IS FURTHER ORDERED that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary _________________________ 1 47 U.S.C. 208. 2
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- Hale Broadcasting Corp., Licensee of Radio Station WMTS Murfreesboro, Tennessee, Memorandum Opinion and Order, 79 FCC 2d 169, 171, 5 (1980). 15 The Commission has delegated to the Enforcement Bureau broad authority to serve as ``the primary Commission entity responsible for enforcement of the Communications Act and other communications statutes, the Commission's rules, Commission orders and Commission authorizations.'' 47 C.F.R. 0.111(a), 0.311. This delegated authority expressly includes the authority to ``[i]ssue or draft orders taking or recommending appropriate action in response to complaints or investigations,'' and to ``issue . . . appropriate interlocutory orders and take appropriate action in the exercise of its responsibilities.'' 47 C.F.R. 0.111(a)(14). Where this Forfeiture Order speaks to Commission authority, therefore, it also applies to the
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- that the staff's denial of the subsequently filed Motion for Late-Filed Discovery was reasonable. III. ORDERING CLAUSES 14. Accordingly, for the reasons stated above, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 207, and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 207, 208, and the authority delegated or otherwise established in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the formal complaint filed by San Diego Telephone Company, Inc., San Diego Telecom, Inc., Charles D. Hughen, and Ed Poe IS DENIED. 15. IT IS FURTHER ORDERED that the Application for Review and Motion for Stay filed by the Complainants on July 9, 2001 ARE DENIED. 16. IT IS
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- call, WorldCom must provide the name of a contact person at the SBR, a telephone number for that person, and the SBR's last known address.3132 IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and 276, and sections 0.111, 0.311, 64.1300, and 64.1310 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 64.1300, and 64.1310, that the Joint Request filed on January 7, 2002 is granted, consistent with this Order. 13. IT IS FURTHER ORDERED that this proceeding is terminated. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 1 Joint Request, File No. E-98-49 (filed Jan. 7, 2002) (``Joint Request'').
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- Judge (or presiding officer if one has been designated) shall, at the earliest practicable date, issue an order as to each reciting the events or circumstances constituting a waiver of hearing, terminating the hearing, and certifying RMI's case to the Commission. See Section 1.92(a)-(c) of the Commission's rules, 47 C.F.R. 1.92(a)-(c). 19. IT IS FURTHER ORDERED THAT, pursuant to Section 0.111(b) of the Commission's rules, 47 C.F.R. 0.111(b), the Enforcement Bureau shall serve as trial staff in this proceeding. 20. IT IS FURTHER ORDERED THAT, pursuant to Section 312(d) of the Act, 47 U.S.C. 312(d), and Section 1.91(d) of the Commission's rules, 47 C.F.R. 1.91(d), the burden of proceeding with the introduction of evidence and the burden of proof shall be
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- Chief Administrative Law Judge (or presiding officer if one has been designated) shall, at the earliest practicable date, issue an order reciting the events or circumstances constituting a waiver of hearing, terminating the hearing, and certifying the case to the Commission. See section 1.92(c) of the Commission's rules, 47 C.F.R. 1.92(c). 8. IT IS FURTHER ORDERED THAT, pursuant to section 0.111(b) of the Commission's rules, 47 C.F.R. 0.111(b), the Enforcement Bureau shall serve as trial staff in this proceeding. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 312(d) of the Act, 47 U.S.C. 312(d), and section 1.91(d) of the Commission's rules, 47 C.F.R. 1.91(d), the burden of proceeding with the introduction of evidence and the burden of proof shall be
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- eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, sections 1.711-1.718 of the Commission's rules, 47 C.F.R. 1.711-1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Motion To Dismiss the above-captioned complaint IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, sections 1.711-1.718 of the Commission's rules, 47 C.F.R. 1.711-1.718, and the authority delegated in sections
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- Policy Statement as well. As a result of our review, we conclude that Monroe willfully and repeatedly violated Sections 73.44(b), 73.1201(a)(2) and 73.1745(a) of the Rules, and we find no basis to rescind or reduce the $9,000 forfeiture proposed for these violations. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,16 Monroe Area Broadcasters, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of nine thousand dollars ($9,000) for willful and repeated violations of Sections 73.44(b), 73.1201(a)(2) and 73.1745(a) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- that there are no substantial and material questions of fact as to whether Talk America possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. 4. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act, 47 U.S.C. 154(i), 154(j), and 503(b) and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Decree attached hereto IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) In the Matter of ) File No. EB-00-TC- 007 Talk America, Inc. )
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- the need for further litigation and the expenditure of additional time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and authority delegated by sections 0.111, and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the parties' joint motion to dismiss with prejudice the above- captioned complaint filed IS GRANTED in its entirety. 5. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.720-1.736 of the
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Madison County Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable systems. 7. IT IS FURTHER ORDERED that Madison County Cable, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
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- decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 On July 23, 2002, The Commission granted and equipment authorization for a decoder-only unit.12 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,13 the Joint Petitioners ARE GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for one cable television system in Brandon, South Dakota and ARE GRANTED a waiver of Section 11.11(a) of the Rules until December 31, 2004 for 21 cable television systems in the states of Iowa, Minnesota and South
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Eagle Media, LLC IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the 22 cable television systems in the two captioned states as listed in Attachment A. 7. IT IS FURTHER ORDERED that Eagle Media, LLC place a copy of these waivers in its systems files. 8. IT IS
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Lone Pine Television, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Lone Pine Television, Inc. place a copy of these waivers in its system files. 8. IT IS FURTHER ORDERED that a copy of this
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Tip Top Communications IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. 7. IT IS FURTHER ORDERED that Tip Top Communications place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Elsie Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Elsie Communications, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://transition.fcc.gov/eb/Orders/2003/DA-03-1072A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 The Southern Kansas Telephone Company, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that The Southern Kansas Telephone Company, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Martelle Cooperative Telephone Association IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the Martelle/Morley, Iowa cable television system. 7. IT IS FURTHER ORDERED that Martelle Cooperative Telephone Association place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Cable One, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until February 1, 2003 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Cable One, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://transition.fcc.gov/eb/Orders/2003/DA-03-1075A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 WFL Cable Television Associates, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that WFL Cable Television Associates, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of MCI WORLDCOM Network Services, Inc. Requesting Waiver of Section 1.718 of the Commission's Rules and Further Extension of Time In Which to Convert Its Informal Complaint to a Formal Complaint and Toll the Limitations Period IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i),
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- Pinnacle's tower obstructed good visibility of the tower in violation of Section 17.50 of the Rules. Accordingly, we cancel the NAL. Because we are canceling the NAL, we need not address the other arguments raised by Pinnacle in its response. 4. Accordingly, IT IS ORDERED that, pursuant to Section 504(b) of the Communications Act of 1934, as amended,4 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,5 the Notice of Apparent Liability for a Forfeiture, NAL/Acct. No. 200232700016, issued to Pinnacle Towers, Inc. IS CANCELED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail return receipt requested to Pinnacle Towers, Inc., 301 N. Cattlemen Road, 3rd Floor, Sarasota, Florida
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- in conjunction with the Policy Statement as well. As a result of our review, we conclude that Adelphia willfully and repeatedly violated Section 11.61(a) of the Rules, and we find no basis for rescinding or reducing the $2,000 forfeiture for this violation. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Adelphia Communications IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willful and repeated violation of Section 11.61(a) of the Rules. 11. Unless excused by operation of law, payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- of broadcast television and radio stations. Finally, Mediacom believes that it can bring its cable systems into EAS compliance within the next six months. 4. Based upon our review of the information submitted by Mediacom, we conclude that temporary, 12-month waivers of Section 11.11(a) for the 107 cable systems are warranted.7 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,8 Mediacom Communications Corporation IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for 107 cable television systems in Attachment A. 6. IT IS FURTHER ORDERED that Mediacom Communications Corporation place a copy of this waiver in its system files. 7. IT IS FURTHER ORDERED that a copy of this
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Complete Communication Systems IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the Stratford, Iowa cable television system and IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the State Center and Roland, Iowa cable television systems. 7. IT IS FURTHER ORDERED that
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- must be served and filed prior to the initial status conference. See, e.g., 47 C.F.R. 1.726 (replies), 1.729 (discovery). Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 208, and 255 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 208, 255, section 1.3 of the Commission's rules, 47 C.F.R. 1.3, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Unopposed Motion of Complainant for Limited Modification of the Procedural Schedule IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION Colleen K. Heitkamp Chief, Telecommunications Consumers Division Enforcement Bureau _________________________ 1 See O'Day v. Audiovox Communications Corporation and Verizon Wireless, Notice of Formal Complaint, dated February 28, 2003. The Notice inadvertently omitted
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of MCI WORLDCOM Network Services, Inc. Requesting Waiver of Section 1.718 of the Commission's Rules and Further Extension of Time In Which to Convert Its Informal Complaint to a Formal Complaint and Toll the Limitations Period IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i),
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- new financial data and other information submitted by Pacific Sun, we conclude that Pacific Sun has justified a 36-month waiver of Section 11.11(a) of the Rules for the captioned small cable system.12 Accordingly, we grant Pacific Sun's petition for reconsideration. 6. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended,13 and Sections 0.111, 0.204(b), 0.311 and 1.106 of the Rules,14 Pacific Sun Cable Partners, LP's petition for reconsideration IS GRANTED. 7. IT IS FURTHER ORDERED that Pacific Sun Cable Partners, LP IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 8. IT IS FURTHER ORDERED that Pacific Sun Cable Partners, LP place
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 PBT Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. 7. IT IS FURTHER ORDERED that PBT Cable, Inc. place a copy of this Order in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://transition.fcc.gov/eb/Orders/2003/DA-03-11A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Livermore Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable system. 7. IT IS FURTHER ORDERED that Livermore Cable, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall be
- http://transition.fcc.gov/eb/Orders/2003/DA-03-1243A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Total TV of Fort Irwin, LLC IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Total TV of Fort Irwin, LLC place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that
- http://transition.fcc.gov/eb/Orders/2003/DA-03-1244A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 J & N Cable Systems, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the eight captioned cable television systems. 7. IT IS FURTHER ORDERED that J & N Cable Systems, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED
- http://transition.fcc.gov/eb/Orders/2003/DA-03-1245A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Alsea River Cable TV IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Alsea River Cable TV place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
- http://transition.fcc.gov/eb/Orders/2003/DA-03-1246A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Johnsonburg Community Television, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Johnsonburg Community Television, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
- http://transition.fcc.gov/eb/Orders/2003/DA-03-1247A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Dixie Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Dixie Cablevision, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://transition.fcc.gov/eb/Orders/2003/DA-03-1248A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Starkville Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable systems. 7. IT IS FURTHER ORDERED that Starkville Cablevision, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://transition.fcc.gov/eb/Orders/2003/DA-03-1249A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Mullan Television Company IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Mullan Television Company place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Hawkeye Telephone Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Hawkeye Telephone Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 North American Communications Corporation IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the 27 cable television systems listed in Attachment A. 7. IT IS FURTHER ORDERED that North American Communications Corporation place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that
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- of the parties, and of this Commission, until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- to Gold Coast's argument regarding its inability to pay the proposed forfeiture, we note that it does not submit any financial documentation from which we can assess its ability to pay. Therefore, we decline to reduce the forfeiture amount on this basis. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,6 Gold Coast Broadcasting Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to maintain specified painting on its antenna structure in willful violation of Section 17.50 of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Milford Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the Milford, Iowa cable television system and IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the Blairsburg and Thor, Iowa cable television systems. 7. IT IS FURTHER ORDERED that
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- as well. As a result of our review, we conclude that Morris willfully violated Section 17.4(a) of the Rules, but we reduce the $3,000 forfeiture proposed for this violation to $2,400 in light of Morris's history of compliance with the Commission's rules. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,20 Morris Communications Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand four hundred dollars ($2,400) for willful violation of Section 17.4(a) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Index Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Index Cable TV, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
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- this Order demonstrating that it has filed an antenna structure registration application and an application to correct the station coordinates and installed EAS equipment. Simes' report must be submitted in the form of an affidavit signed by an officer of the licensee. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,17 L.T. Simes, II and Raymond Simes ARE LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Sections 11.35(a), 17.4(a) and 73.1350(a) of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Act, Simes must submit the report described in
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- sections 201(b)13 and 202(a).14 Given these circumstances, we deny Metro Teleconnect's Complaint in its entirety.15 4. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201, 202, 208, and 251 of the Act, 47 U.S.C. 151, 154(i), 154(j), 201, 202, 208, 251, and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720- 1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the above-captioned formal complaint is DENIED, and this proceeding is hereby TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 47 U.S.C. 208. See Formal Complaint, Metro Teleconnect Companies, Inc. v. Verizon Maryland Inc., File No. EB-02- MD-016 (filed Apr. 23, 2002) (``Complaint''). 2 47 U.S.C.
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Assondieu Fortune.2 Mr. Fortune has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''),4 Assondieu Fortune IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- this Commission. Furthermore, in view of the parties' request that we dismiss the complaint with prejudice, we believe that such dismissal is in the public interest. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 201(b), 208, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the formal complaint of MAP Mobile Communications, Inc. v. WorldCom, Inc., et. al., filed on March 6, 2002, is DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Colleen Heitkamp Chief Telecommunications Consumers Division Enforcement Bureau _________________________ 1 47 U.S.C. 208. 2 Id. 201(b), 202(a). 3 See Formal Complaint of MAP Mobile
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Blue Mountain TV Cable Co. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the John Day, Oregon cable television system and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the Dayville, Oregon, Prairie City, Oregon and Seneca, Oregon cable television
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Etan Industries, Inc. d/b/a Cable Management Associates IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the 11 captioned cable television systems. 7. IT IS FURTHER ORDERED that Etan Industries, Inc. d/b/a Cable Management Associates place a copy of this waiver in its system files. 8. IT IS
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Bluebonnet Rural Development Corporation IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the seven captioned cable television systems. 7. IT IS FURTHER ORDERED that Bluebonnet Rural Development Corporation place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Star City Cable TV IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Star City Cable TV place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Protivin Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Protivin Cablevision place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Nex-Tech, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. 7. IT IS FURTHER ORDERED that Nex-Tech, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall be
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable system.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 City of Columbus Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. 7. IT IS FURTHER ORDERED that City of Columbus Cablevision place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.11 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.12 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,13 Northwoods Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the seven captioned cable television systems. 7. IT IS FURTHER ORDERED that Northwoods Cable, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Uvision, LLC IS GRANTED a waiver of Section 11.11(a) of the Rules until April 1, 2003 for the Sheridan, Oregon, Stayton, Oregon and Lacomb, Oregon cable television systems and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the Detroit, Oregon cable television system. 7. IT IS FURTHER
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Ebanks.2 Mr. Ebanks has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''),4 Omar A. Ebanks IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $12,000 to Mr. Kamm.2 Mr. Kamm has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''),4 Scott E. Kamm IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,000 for willfully and repeatedly violating Sections of the Commission's Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- York, New York Field Office (``New York Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Charles.2 Mr. Charles has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''),4 Rawlins Charles IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- York, New York Field Office (``New York Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to J Transport.2 J Transport has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''),4 J Transport, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- (``Philadelphia Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $13,000 to Minority Business.2 Minority Business has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Minority Business and Housing Development, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $13,000 for willfully and repeatedly violating Sections 11.35(a) and 73.1350(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- York, New York Field Office (``New York Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Alejandro.2 Mr. Alejandro has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''),4 Fernando Alejandro IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- York, New York Field Office (``New York Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Frederic.2 Mr. Frederic has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''),4 Emmanuel Frederic IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- a hardship on Lighthouse. Furthermore, we note that Lighthouse has recently assigned the license for WBIC(AM) and is no longer a Commission licensee.12 Therefore, we conclude that cancellation of the forfeiture is warranted. Nevertheless, we admonish Lighthouse for its violations of Sections 11.35(a) and 73.1745 of the Rules. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 the forfeiture in the amount of twelve thousand dollars ($12,000) proposed in the July 30, 2002 NAL issued to Lighthouse Broadcasting IS CANCELLED. 15. IT IS FURTHER ORDERED that Lighthouse Broadcasting IS ADMONISHED for failure to maintain operational EAS equipment at WBIC(AM) in violation of Section 11.35(a) of the Rules and failure to reduce
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- above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Mortenson willfully and repeatedly violated Section 17.51(a) of the Rules, but we reduce the forfeiture proposed for this violation from $10,000 to $8,000. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 Mortenson Broadcasting Co. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 17.51(a) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- in conjunction with the Policy Statement as well. As a result of our review, we conclude that Tri-County willfully and repeatedly violated Section 73.1745(a) of the Rules, and we find no basis for reduction of the $4,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 Tri-County Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willful and repeated violation of Section 73.1745(a) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- new agreements in good faith using the Cable Formula as a guide to establishing a reasonable rate. To the extent the Cable Operators have paid the $38.06 rate, we order refunds of the difference between the $38.06 rate and the rates contained in the parties' prior pole attachment agreements. IV. ORDERING CLAUSES 1. Accordingly, IT IS ORDERED, pursuant to sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.1401-1.1418, that the relief requested in the Complaint IS GRANTED TO THE EXTENT INDICATED HEREIN. 2. IT IS FURTHER ORDERED, pursuant to sections 0.111, 0.311, and 1.1410 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.1410, that the annual pole attachment rate of $38.06 IS UNREASONABLE and IS TERMINATED,
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- Office (``New York Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Mexicana.2 Mexicana has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Mexicana Car and Limousine Services IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 90.403(a)(2) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- percentage of Alpha's gross revenues, which have increased in each of the last three years.6 However, as explicitly stated in the Forfeiture Order and set forth below, Alpha may submit a request for full payment of the forfeiture under an installment plan. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act, and Sections 0.111, 0.311 and 1.106(j) of the Rules,7 the petition for reconsideration filed on January 22, 2003 by Alpha Ambulance, Inc. IS DENIED. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not paid within the period specified, the
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $3,000 to Pamal.2 Pamal has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Pamal Broadcasting, Ltd. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully and repeatedly violating 17.57 of the Commission's Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- taken to correct a violation are not mitigating factors warranting reduction of a forfeiture.12 However, after considering SCCC's history of compliance with the Commission's rules, we conclude that reduction of the forfeiture proposed in the NAL from $10,000 to $8,000 is appropriate. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 South Central Communications Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violations of Sections 17.47(a)(2), 17.48(a) and 17.51 of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of Complainants For Extension of Time In Which To Convert Informal Complaints To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208,
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- the statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Titan willfully violated Section 17.4(g) of the Rules, but we reduce the forfeiture for this violation from $3,000 to $2,000. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 Titan Towers, LP IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willful violation of Section 17.4(g) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- Cingular Wireless met the requirements of Section 17.48 of the Rules by promptly reporting the obstruction light outage to the Miami FSS, so that the FSS could open a NOTAM. We therefore find that cancellation of the NAL is warranted. 4. Accordingly, IT IS ORDERED that, pursuant to Section 504(b) of the Communications Act of 1934, as amended,5 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,6 the Notice of Apparent Liability for a Forfeiture, NAL/Acct. No. 200232700023, issued to Florida Cellular Service, LLC. IS CANCELLED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail return receipt requested to Florida Cellular Service, LLC, 17330 Preston Road, Suite 100A, Dallas,
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- of the parties, and of this Commission, until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- because Fibertech has failed to demonstrate the irreparable harm required under section 1.1403(d) of our rules.30 IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED, pursuant to section 1.1403(d) of the Commission's rules, 47 C.F.R. 1.1403(d), sections 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Fibertech's Petition To Stay Termination Of Pole Attachment Rights is dismissed as moot to the extent that it seeks to stay any effort by Duquesne to remove or seek removal of Fibertech's facilities from Duquesne's poles. 15. IT IS FURTHER ORDERED, pursuant to section 1.1403(d) of the Commission's rules,
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- by promoting the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Motion To Dismiss the above-captioned complaint IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R.
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- Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Ashley.2 Ashley has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 John W. Ashley d/b/a Ashley Communications IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 17.50 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that WPGS repeatedly violated Section 17.51 of the Rules, but we reduce the forfeiture proposed for this violation from $10,000 to $1,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 WPGS, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for repeated violation of Section 17.51 of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we believe that the public interest will be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) and (j) of the Communications Act of 1934, as amended,1 and Sections 0.111 and 0.311 of the Commission's Rules,2 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation of Nokia IS TERMINATED. 7. IT IS FURTHER ORDE RED that a copy of this Order shall be sent by first class mail and certified mail, return receipt requested, to Richard W. Stimson, Vice President,
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- of the parties and of this Commission until such time as may actually be necessary. 5. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Notesan's Request for Waiver of Commission Rule 1.718(a) IS GRANTED. 6. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadline that would otherwise apply under section 1.718 of the Commission's rules, 47 C.F.R. 1.718, is hereby waived. Notesan Pty Ltd.'s prior June 6, 2003 conversion date
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- for further litigation and expenditure of additional time and resources of the parties and this Commission.33 III. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and section 1.727 of the Commission's rules, 47 C.F.R. 1.727, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Complainant's Motion to Dismiss the Proceeding Without Prejudice IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and section 1.727 of the Commission's rules, 47 C.F.R. 1.727, and the authority delegated
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- the need for further litigation and the expenditure of additional time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Joint Motion for Dismissal of the above-captioned proceeding IS GRANTED. 5. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority
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- as well. As a result of our review, we conclude that Roser repeatedly violated Sections 11.35(a) and 11.61(a) of the Rules and find that, while there is no basis for cancellation of the proposed monetary forfeiture, a reduction to $8,800 is warranted. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,15 Roser IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars eight hundred ($8,800) for failing to have a fully operational EAS installed, failing to determine and log the reasons for the failure of its EAS apparatus to receive test transmissions, and failing to transmit the required monthly EAS tests, in
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- the parties to await the Court's review of the Liability Order, we are satisfied that our action today serves the public interest. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 154(i), 154(j), 208, section 1.3 of the Commission's rules, 47 C.F.R. 1.3, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that section 1.718(a) of the Commission's rules, 47 C.F.R. 1.718(a), IS HEREBY WAIVED, with regard to the IPP EUCL informal complaints described herein and the deadline for the conversion and filing of these informal complaints into formal complaints is hereby extended to June 30, 2004. This waiver is effective
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- taken by Amethyst to ensure that the radio was not used, we believe that cancellation of the forfeiture is appropriate. Nevertheless, we find that it is also appropriate to admonish Amethyst for its violation of Section 301 of the Act, which caused harmful interference to Coast Guard operations. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 0.111, 0.311, and 1.80(f)(4) of the Rules,7 the forfeiture in the amount of ten thousand dollars ($10,000) proposed in the June 5, 2002 NAL issued to Amethyst International, Inc. IS CANCELLED. 12. IT IS FURTHER ORDERED that Amethyst IS ADMONISHED for its unlicensed operation of a marine coast station on VHF Marine Channel 16 (156.8 MHz) from the Beach Motel in
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Bloom.2 Mr. Bloom has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''),4 Brian N. Bloom IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- April 9, 2003, after the October 1, 2002 deadline for cable systems serving 10,000 or fewer subscribers to install EAS equipment. We find that Lycom was in violation of the requirement in Section 11.11(a) of the Rules to install EAS equipment by October 1, 2002. We admonish Lycom for this violation. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,10 Lycom Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from April 9, 2003 until October 1, 2003 for the Louisa, Kentucky cable television system, and IS GRANTED waivers of Section 11.11(a) of the Rules from April 9, 2003 until October 1, 2005 for the cable television systems in Blaine, Kentucky,
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- the October 1, 2002 deadline for cable systems serving 10,000 or fewer subscribers to install EAS equipment. We find that Town of Levan was in violation of the requirement in Section 11.11(a) of the Rules to install EAS equipment by October 1, 2002. We admonish Town of Levan for this violation. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,10 Town of Levan, Utah d/b/a Levan Town Cable Systems IS GRANTED a waiver of Section 11.11(a) of the Rules from April 11, 2003 until October 1, 2005 for the captioned cable television system. 6. IT IS FURTHER ORDERED that Town of Levan, Utah d/b/a Levan Town Cable Systems IS ADMONISHED for violating the requirement
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- October 9, 2002, after the October 1, 2002 deadline for cable systems serving 10,000 or fewer subscribers to install EAS equipment. We find that Willamette was in violation of the requirement in Section 11.11(a) of the Rules to install EAS equipment by October 1, 2002. We admonish Willamette for this violation. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,10 Willamette Broadband, LLC IS GRANTED a waiver of Section 11.11(a) of the Rules until April 1, 2003 for the three captioned cable television systems. 6. IT IS FURTHER ORDERED that Willamette Broadband, LLC IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS equipment by October 1, 2002. 7.
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- a two-week period. Finally, Bee Line believes that it can bring the captioned cable systems into EAS compliance by November 1, 2002. 4. Based upon our review of the information submitted by Bee Line, we conclude that temporary, one-month waivers of Section 11.11(a) for the two captioned cable systems are warranted.7 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,8 Bee Line, Inc. / Bee Line Cable TV IS GRANTED a waiver of Section 11.11(a) of the Rules until November 1, 2002 for the two captioned cable television systems. 6. IT IS FURTHER ORDERED that Bee Line, Inc. / Bee Line Cable TV place a copy of this waiver in its system files. 7.
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- we are not persuaded that Alltel's history of overall compliance justifies a reduction in the forfeiture in light of the NOV issued on September 17, 2001 for a very similar violation and several other NOVs issued to Alltel regarding Part 17 violations.9 IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 Missouri RSA No. 2 Partnership d.b.a. Alltel IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to clean and repaint its antenna structure to maintain good visibility in willful violation of Section 17.50 of the Rules. 8. Payment of the forfeiture shall be made in the manner
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of MCI WORLDCOM Network Services, Inc. Requesting Waiver of Section 1.718 of the Commission's Rules and an Extension of Time In Which to Convert Its Informal Complaint to a Formal Complaint and Toll the Limitations Period IS GRANTED. IT IS FURTHER ORDERED pursuant to sections 4(i),
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- 2002, after the October 1, 2002 deadline for cable systems serving 10,000 or fewer subscribers to install EAS equipment. We find that Coleman County was in violation of the requirement in Section 11.11(a) of the Rules to install EAS equipment by October 1, 2002. We admonish Coleman County for this violation. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,8 Coleman County Telephone Cooperative, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from November 5, 2002 until April 1, 2003 for the captioned cable television system. 6. IT IS FURTHER ORDERED that Coleman County Telephone Cooperative, Inc. is ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install
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- in conjunction with the Policy Statement as well. As a result of our review, we conclude that St. Louis Mobile repeatedly violated Section 17.4(a) of the Rules, and we find no basis for cancellation or reduction of the forfeiture proposed for this violation. IV. ORDERING CLAUSES 11. Accordingly, IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules,14 St. Louis Mobile Systems Inc. IS LIABLE for a monetary forfeiture in the amount of three thousand dollars ($3,000) for repeated violation of Section 17.4(a) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days of the release of
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- Act and the Commission's rules do not allow the Commission to award attorney's fees or costs. 34 We therefore deny Mills' request for such an award. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j), and 208 of the Communications Act of 1934 as amended, 47 U.S.C. 154(i), 154(j), 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Motion for Dismissal of Mills Fleet Farm, Inc. and for an Award of Attorney's Fees is GRANTED in part and DENIED in part, as set forth above. 15. IT IS FURTHER ORDERED that the above-captioned formal complaint IS DISMISSED WITH PREJUDICE as to Mills Fleet Farm, Inc., and
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- Policy Statement as well. As a result of our review, we conclude that VoiceStream repeatedly violated Section 17.51(b) of the Rules and find that, while there is no basis for cancellation of the proposed monetary forfeiture, a reduction to $8,000 is warranted. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 VoiceStream IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for failure to continuously exhibit all high intensity and medium intensity obstruction lighting, in repeated violation of Section 17.51(b) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- (``Denver Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Verizon Wireless.2 Verizon Wireless has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Verizon Wireless (VAW) LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Sections 17.23 and 17.50 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- Office (``Kansas City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Mediacom.2 Mediacom has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Mediacom IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully violating Section 11.35 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not paid
- http://transition.fcc.gov/eb/Orders/2003/DA-03-219A1.html
- Office (``New Orleans Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $7,000 to Tralyn.2 Tralyn has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Tralyn Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Sections 11.61(a)(2)(i)(A) and 73.3526(a)(2) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2200A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Cable Services, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. 7. IT IS FURTHER ORDERED that Cable Services, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2201A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Eagles Mere - Laporte Cablevision, Inc. d/b/a Commuter Cable Television. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable systems. 7. IT IS FURTHER ORDERED that Eagles Mere - Laporte Cablevision, Inc. d/b/a Commuter Cable Television place a copy of this waiver in its
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2202A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, 12 Indevideo Company, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the six captioned cable television systems. 7. IT IS FURTHER ORDERED that Indevideo Company, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2203A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Colstrip Cable TV Company IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Colstrip Cable TV Company place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2204A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Data Video Systems, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Data Video Systems, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2205A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Southeast Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the seven captioned cable television systems. 7. IT IS FURTHER ORDERED that Southeast Cable TV, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2207A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Clearvison Cable Systems, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. 7. IT IS FURTHER ORDERED that Clearvision Cable Systems, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2208A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12Tolna Community Development Corp. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the captioned cable television system. 7. IT IS FURTHER ORDERED that Tolna Community Development Corp. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2209A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Green Hills Communications, Inc. d/b/a Green Hills Multi-Media IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Green Hills Communications, Inc. d/b/a Green Hills Multi-Media place a copy of this waiver in its system files. 8.
- http://transition.fcc.gov/eb/Orders/2003/DA-03-220A1.html
- Diego Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to North American.2 North American has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 North American Broadcasting Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully violating Section 73.1560(a)(1) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2210A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Piedmont Cable Corporation IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Piedmont Cable Corporation place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2212A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Cable Co-Op IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Cable Co-Op place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2213A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 US Cable of Coastal- Texas, L.P. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the 37 cable television systems listed in Attachment A. 7. IT IS FURTHER ORDERED that US Cable of Coastal-Texas, L.P. place a copy of this waiver in its system files. 8. IT IS
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2214A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Scioto Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Scioto Cablevision place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2215A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.9 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.10 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,11 Northwest Community Communications, Inc. IS DENIED a waiver of Section 11.11(a) of the Rules for the captioned cable television system. 7. IT IS FURTHER ORDERED that Northwest Community Communications, Inc. is afforded until February 1, 2002 to bring the captioned cable television system into compliance with Section 11.11(a). 8. IT IS FURTHER ORDERED that
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2216A1.html
- radio stations and other sources. Finally, Houlton Cable believes that it can install the equipment upgrades and EAS equipment within the next year. 4. Based upon our review of the financial data and other information submitted by Houlton Cable, we conclude that a temporary, 12-month waiver of Section 11.11(a) is warranted.9 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,10 NEPSK, Inc. d/b/a Houlton Cable TV IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003. 6. IT IS FURTHER ORDERED that NEPSK, Inc. d/b/a Houlton Cable TV place a copy of this waiver in its system file. 7. IT IS FURTHER ORDERED that a copy of this Order shall
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2217A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Langco, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Langco, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2218A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 MIM Cable Co. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that MIM Cable Co. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://transition.fcc.gov/eb/Orders/2003/DA-03-221A1.html
- Office (``Kansas City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $2,000 to Qwest.2 Qwest has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Qwest Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for willfully violating Section 17.4(g) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2221A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Farmers Telephone Cooperative, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Farmers Telephone Cooperative, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
- http://transition.fcc.gov/eb/Orders/2003/DA-03-222A1.html
- Orleans Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $17,000 to Metro Birch.2 Metro Birch has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Metro Birch IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully violating Sections 73.49 and 73.3526(a)(2) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2232A1.html
- a reduction of the forfeiture amount is warranted. Consequently, after factoring in the appropriate downward adjustment criteria related to Atlantic Beach Radio's good faith effort, history of overall compliance, and inability to pay, we will reduce the $12,000 forfeiture amount to $4,000. IV. Ordering Clauses 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act,22 and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules,23 Atlantic Beach Radio Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for repeatedly violating Sections 11.35 and 73.1745 of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.8024 of the Rules within 30 days of the release of this Order.
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2243A1.html
- of flux of the EAS system in the Marianas, we conclude that temporary, 36 month waivers of Section 11.11(a) for the two captioned cable systems are warranted.9 In particular, we find that the estimated $34,750 cost of EAS equipment for this small cable system could impose a financial hardship on MCV. 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,10 Marianas Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules for the two captioned cable television systems until October 1, 2005. 7. IT IS FURTHER ORDERED that Marianas Cablevision, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2244A1.html
- radio stations. Finally, Hancel believes that it can bring the two cable systems into compliance with EAS requirements by December 1, 2002. 4. Based upon our review of the information submitted by Hancock Video, we conclude that temporary, two-month waivers of Section 11.11(a) for the two captioned cable systems are warranted.7 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,8 Hancel, Inc. d/b/a Hancock Video IS GRANTED a waiver of Section 11.11(a) of the Rules until December 1, 2002 for the two captioned cable television systems. 6. IT IS FURTHER ORDERED that Hancel, Inc. d/b/a Hancock Video place a copy of this waiver in its system files. 7. IT IS FURTHER ORDERED that a
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2245A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 John W. Jones d/b/a Highland Cable IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that John W. Jones d/b/a Highland Cable place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2246A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Blakely Cable Television, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the cable television system in Blakely, Georgia and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the cable television systems in Columbia, Alabama; Baconton, Georgia; Leary, Georgia; Morgan,
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2247A1.html
- review of the financial data and other information submitted by Nucentrix, we conclude that temporary, 36-month waivers of Section 11.11(a) for the 55 cable television systems are warranted.9 In particular, we find that the estimated $250,000 cost of EAS equipment for these cable systems could impose a financial hardship on Nucentrix. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,10 Nucentrix Broadband Network, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the 55 cable television systems listed in Attachment A. 6. IT IS FURTHER ORDERED that Nucentrix Broadband Networks, Inc. place a copy of these waivers in its system files. 7. IT IS FURTHER ORDERED that
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2248A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 South Central Communications d/b/a Southwest Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that South Central Communications d/b/a Southwest Cablevision place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2249A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Antilles Wireless, L.L.C. d/b/a USA Digital IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Antilles Wireless, L.L.C. d/b/a USA Digital place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2250A1.html
- October 11, 2002, after the October 1, 2002 deadline for cable systems serving 10,000 or fewer subscribers to install EAS equipment. We find that Winnebago was in violation of the requirement in Section 11.11(a) of the Rules to install EAS equipment by October 1, 2002. We admonish Winnebago for this violation. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,8 Winnebago Cooperative Telephone Association IS GRANTED a waiver of Section 11.11(a) of the Rules from October 11, 2002 until April 1, 2003 for the captioned cable television system. 6. IT IS FURTHER ORDERED that Winnebago Cooperative Telephone Association is ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS equipment
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2251A1.html
- October 4, 2002, after the October 1, 2002 deadline for cable systems serving 10,000 or fewer subscribers to install EAS equipment. We find that Fairfield was in violation of the requirement in Section 11.11(a) of the Rules to install EAS equipment by October 1, 2002. We admonish Fairfield for this violation. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,9 Fairfield Communications IS GRANTED a waiver of Section 11.11(a) of the Rules from October 4, 2002 until October 1, 2003 for the captioned cable television system. 6. IT IS FURTHER ORDERED that Fairfield Communications is ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS equipment by October 1, 2002.
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2252A1.html
- 2002, after the October 1, 2002 deadline for cable systems serving 10,000 or fewer subscribers to install EAS equipment. We find that D&P Cable was in violation of the requirement in Section 11.11(a) of the Rules to install EAS equipment by October 1, 2002. We admonish D&P Cable for this violation. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,8 D&P Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from October 21, 2002 until April 1, 2003 for the captioned cable television system. 6. IT IS FURTHER ORDERED that D&P Cable, Inc. is ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS equipment by October
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2299A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Dalton Telephone Company, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Dalton Telephone Company, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
- http://transition.fcc.gov/eb/Orders/2003/DA-03-22A1.html
- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of MCI WORLDCOM Network Services, Inc. Requesting Waiver of Section 1.718 of the Commission's Rules and an Extension of Time In Which to Convert Its Informal Complaint to a Formal Complaint and Toll the Limitations Period IS GRANTED. IT IS FURTHER ORDERED pursuant to sections 4(i),
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Oregon Cable Group LLC d/b/a Northwest Cablevision for Cascade Cable TV Inc., Colton Cable TV and Monitor Telecommunication ARE GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable system. 7. IT IS FURTHER ORDERED that Oregon Cable Group LLC d/b/a Northwest Cablevision for Cascade Cable TV
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Schindler's Cable TV IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. 7. IT IS FURTHER ORDERED that Schindler's Cable TV place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Haywood CableVision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. 7. IT IS FURTHER ORDERED that Haywood CableVision, Inc. place a copy of this waiver in its systems files. 8. IT IS FURTHER ORDERED that a copy of this Order
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Kudzu Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Kudzu Cable TV, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Nova Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. 7. IT IS FURTHER ORDERED that Nova Cablevision, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
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- for this small cable system could impose a financial hardship on Galaxy Cable. Further, we withdraw the temporary, 24-month waiver previously granted for the Geneva, Nebraska cable system. 8. Accordingly, IT IS ORDERED that Galaxy Cable, Inc.'s request for clarification IS GRANTED to the extent indicated herein and IS otherwise DENIED. 9. IT IS FURTHER ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,17 Galaxy Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the Schuyler, Nebraska cable television system. 10. IT IS FURTHER ORDERED that the temporary, 24-month waiver of Section 11.11(a) of the Rules previously granted to Galaxy Cable for its Geneva, Nebraska cable television system IS WITHDRAWN.
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Bowen Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. 7. IT IS FURTHER ORDERED that Bowen Cablevision, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
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- the statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Rotijefco willfully violated Section 11.35(a) and (b) of the Rules, but we reduce the forfeiture amount from $8,000 to $5,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,8 Rotijefco, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for willful violation of Section 11.35(a) and (b) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- Office (``San Juan Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Southern.2 Southern has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Southern IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating Section 11.35 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- (``Miami Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Air Paging.2 Air Paging has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Air Paging IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- fence or breaking it down. After reviewing the record before us, we conclude that there is not enough evidence to support a finding that WOYK failed to maintain an effective locked fence in violation of Section 73.49. Consequently, we cancel the NAL.8 IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 504(b) of the Act,9 and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules,10 the forfeiture in the amount of seven thousand dollars ($7,000) proposed in the July 17, 2002 NAL issued to WOYK for failure to maintain an adequate tower fence enclosure IS CANCELLED. 9. IT IS FURTHER ORDERED that, a copy of this Order shall be sent by Certified Mail, Return Receipt Requested, to WOYK, Inc.,
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- affidavit signed by an officer or director of the licensee. If Blue Skies fails to submit such a report or we find that Blue Skies has not come into compliance with our main studio rule, we will consider further appropriate enforcement action. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 Blue Skies IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars eight hundred ($1,800) for failure to have operational EAS equipment installed and failure to have a main studio within the station's predicted Grade B contour, in willful violation of Sections 11.35(a) and 73.1125(c) of the Rules. 15. IT IS
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Brown.2 Mr. Brown has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''),4 Mr. Brown IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- all programming channels except the local school channels. GWC believes it can bring the system's local school channels into EAS compliance within 45 days. 4. Based upon our review of the information submitted by GWC, we conclude that a temporary waiver of Section 11.11(a) for the captioned cable system is warranted.7 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,8 Golden West Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until November 15, 2002 for the captioned cable television system. 6. IT IS FURTHER ORDERED that Golden West Cablevision, Inc. place a copy of this waiver in its system file. 7. IT IS FURTHER ORDERED that a copy of this
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Motion to Withdraw Complaint IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Motion to Withdraw Complaint, File No. PA 02-001 (filed July 21, 2003) (``Motion to Withdraw'').
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- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Pinpoint Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the five captioned cable television systems. 7. IT IS FURTHER ORDERED that Pinpoint Communications, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
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- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Pinpoint Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the five captioned wireless cable television systems. 7. IT IS FURTHER ORDERED that Pinpoint Communications, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
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- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Antilles Wireless, L.L.C., d/b/a Cable USA IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the six captioned cable television systems. 7. IT IS FURTHER ORDERED that Antilles Wireless, L.L.C., d/b/a Cable USA place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED
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- meaning of the Act inasmuch as Rev. Louis admits that he continually operated the station without a license.9 Moreover, he did so despite repeated warnings from FCC staff. In light of the foregoing, we decline to cancel or reduce the forfeiture amount. IV. ORDERING CLAUSE 15. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,10 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 Rev. Yvon Louis IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for operating an unlicensed radio transmitter in willful and repeated violation of Section 301 of the Act. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules12 within
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- to hold, obtain, assign or transfer any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we believe that the public interest will be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) and (j) of the Communications Act of 1934, as amended,2 and Sections 0.111 and 0.311 of the Commission's rules,3 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation of Tyler IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail, return receipt requested, to Ralph H. Tyler, 5101 South Shields
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- given the difficulties the parties have had in negotiating the New Contract, we are not sanguine that ninety days is a sufficient time frame to re- negotiate a contract. Accordingly, we order the parties to negotiate based on business needs and industry practice a reasonable termination clause. III. CONCLUSION AND ORDERING CLAUSES 39. Accordingly, IT IS ORDERED, pursuant to sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.1401-1.1418, that the relief requested in the Complaint IS GRANTED TO THE EXTENT INDICATED HEREIN. 40. IT IS FURTHER ORDERED, pursuant to sections 0.111, 0.311, 1.1410, and 1.1415 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.1410, 1.1415, that Georgia Power cease and desist from enforcing the New Contract's
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- Enforcement Bureau within 30 days of the release of this order outlining what measures he has taken or will take to correct the violations and ensure that they do not recur. Mr. Autry's report must be submitted in the form of an affidavit or declaration.4 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,6 Billy R. Autry IS LIABLE FOR A MONETARY FORFEITURE in the amount of $11,000 for willfully violating Section 73.49 of the Rules and willfully and repeatedly violating Section 73.1745 of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- the Enforcement Bureau within 30 days of the release of this Order demonstrating that it has filed an antenna structure registration application. Best Country's report must be submitted in the form of an affidavit or declaration signed by an officer or director of Best Country.4 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,6 Best Country Broadcasting, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully and repeatedly violating Section 17.4(a) of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- cancel or reduce the proposed forfeiture on the basis of inability to pay. Finally, we will consider O'Quinn's contention that it has never been assessed a forfeiture. Based on O'Quinn's overall history of compliance, we will reduce the forfeiture amount to $3,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 Farnell O'Quinn IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for failure to operate in accordance with the terms of the station authorization in willful violation of Section 73.1350(a) of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- given an NOV and an opportunity to cure the violation prior to issuance of the NAL. However, there is no requirement that the Commission issue an NOV or provide a violator an opportunity to cure a violation prior to issuing an NAL.13 IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Pinnacle IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to clean and repaint its antenna structure to maintain good visibility, in willful violation of Section 17.50 of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- Acrobat version. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) EB-03-IH-0053 ) ENTERCOM PORTLAND LICENSE, LLC ) ) Licensee of Station KNRK(FM), ) Facility ID # 51213 Camas, Washington ) ORDER Adopted: August 8, 2003 Released: August 11, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Order, issued pursuant to sections 0.111, 0.311 and 0.459(c) and (d)(2) of the Commission's rules,1 we deny the July 11, 2003, request of Entercom Portland License, LLC (``Entercom''), licensee of Station KNRK(FM), Camas, Washington, for confidential treatment of material that it submitted in response to an inquiry by the Enforcement Bureau.2 II. BACKGROUND 2. The Enforcement Bureau received a complaint that alleged that Entercom had broadcast
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- on how we can improve public warning in general and the EAS in particular at that point.10 In the meantime, we find it premature to engage in a rulemaking pertaining to one subpart of the EAS. 7. Accordingly, IT IS ORDERED that, pursuant to Sections 4, 303(r), 624(g), and 706 of the Communications Act of 1934, as amended,11 and Sections 0.111, 0.311 and 1.401(e) of the Rules, Lawson Associates's Petition for Rulemaking (RM-10425) IS DISMISSED WITHOUT PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 See 47 C.F.R. 11.111.61. 2 The MSRC is a Federal Advisory Committee that draws its members from industry. For more information about the MSRC, visit http://www.mediasecurity.org/. 3 Public Notice, Report No. 2544 (released
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- Finally, we note that we have not received any recent complaints concerning Mr. Kluz's use of a linear amplifier. However, if we receive further complaints stemming from Mr. Kluz's improper use of a linear amplifier, we will take appropriate additional enforcement action. IV. ORDERING CLAUSES 19. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 Frank Kluz IS LIABLE FOR A MONETARY FORFEITURE in the amount of five hundred dollars ($500) for willful violation of Section 95.411 of the Rules. 20. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 WDB Communications IS GRANTED a waiver of Section 11.11(a) of the Rules from October 8, 2002 until October 1, 2005 for the three captioned cable television systems. 7. IT IS FURTHER ORDERED that WDB Communications IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS equipment by October 1,
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- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 USA Media Group, LLC IS GRANTED a waiver of Section 11.11(a) of the Rules from October 4, 2002 until October 1, 2005 for the 28 cable television systems in Attachment A. 7. IT IS FURTHER ORDERED that USA Media Group, LLC IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Universal Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Universal Cablevision, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
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- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 City of Garber, Oklahoma, Garber Economic Development Authority d/b/a GEDA Cable IS GRANTED a waiver of Section 11.11(a) of the Rules from October 17, 2002 until October 1, 2005 for the captioned cable system. 7. IT IS FURTHER ORDERED that City of Garber, Oklahoma, Garber Economic Development Authority d/b/a GEDA Cable IS ADMONISHED for
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- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Arlington TV Cooperative, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from October 17, 2002 until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Arlington TV Cooperative, Inc. IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS equipment
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2656A1.html
- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Nova Cable Management, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from November 6, 2002 until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Nova Cable Management, Inc. IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS equipment
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- violation is not a mitigating factor.12 Finally, based on the financial documentation provided by Mr. Joseph, we conclude that payment of the proposed $10,000 would impose a financial hardship on Mr. Joseph. Therefore, we will reduce the forfeiture from $10,000 to $1,000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 Mr. Odino Joseph IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willful violation of Section 301 of the Act. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- to comply with the requirements of Sections 73.3527(e)(4), 73.3527(e)(7), and 73.3527(e)(8). Based on our findings above, we do not reach a determination on the remainder of AFA's arguments. However, we admonish AFA for the public file violations. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 504(b) of the Communications Act of 1934, as amended,10 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 the Notice of Apparent Liability for a Forfeiture, NAL/Acct. No. 200232560027, issued to American Family Association, Inc., for violation of Sections 11.35(a), 73.3527(e)(4), 73.3527(e)(7), and 73.3527(e)(8) of the Rules IS CANCELED. 11. IT IS FURTHER ORDERED that AFA IS ADMONISHED for its willful violation of Sections 73.3527(e)(4), 73.3527(e)(7), and 73.3527(e)(8). 12. IT IS FURTHER
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- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 TCSI Huntsville, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from October 1, 2002 until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that TCSI Huntsville, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2674A1.html
- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 WNW Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from October 1, 2002 until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that WNW Communications, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a
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- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.11 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.12 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,13 Clearvison Cable Systems, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules from March 5, 2003 until October 1, 2005 for the six captioned cable television systems. 7. IT IS FURTHER ORDERED that Clearvision Cable Systems, Inc. place a copy of these waivers in its system files. 8. IT IS FURTHER ORDERED that
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2676A1.html
- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Litestream Technologies, LLC IS GRANTED waivers of Section 11.11(a) of the Rules from April 24, 2003 until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Litestream Technologies, LLC IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS equipment by October
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2677A1.html
- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Satellite Cable Services, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from October 1, 2002 until October 1, 2005 for the three captioned cable television systems. 7. IT IS FURTHER ORDERED that Satellite Cable Services, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2678A1.html
- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Satellite Cable Services, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from October 1, 2002 until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Satellite Cable Services, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED
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- Commission's New York, New York Field Office (``New York Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to International.2 International has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (''Rules''),4 International Car Service, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 73.1560(a)(1) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
- http://transition.fcc.gov/eb/Orders/2003/DA-03-268A1.html
- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Walker.2 Mr. Walker has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''),4 Ian R. Walker IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Wireless Direct Broadcast System IS GRANTED a waiver of Section 11.11(a) of the Rules from October 30, 2002 until October 1, 2005 for the captioned wireless cable television system. 7. IT IS FURTHER ORDERED that Wireless Direct Broadcast System IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2698A1.html
- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Williamson Road TV Co., Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from January 9, 2003 until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Williamson Road TV Co., Inc. IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2699A1.html
- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Advanced Technologies & Technical Resources, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from November 29, 2002 until October 1, 2005 for the three captioned cable television systems. 7. IT IS FURTHER ORDERED that Advanced Technologies & Technical Resources, Inc. IS ADMONISHED for violating the requirement in Section 11.11(a) of the
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Alusma.2 Mr. Alusma has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''),4 Josue Alusma IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2700A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Small Town Cable Partners I, L.P. IS GRANTED a waiver of Section 11.11(a) of the Rules from November 29, 2002 until October 1, 2003 for the Chapel Hill and Surgoinsville, Tennessee cable television systems and IS GRANTED a waiver of Section 11.11(a) of the Rules from November 29, 2002 until October 1, 2005 for
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2701A1.html
- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Matrix Cablevision, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules from December 20, 2002 until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Matrix Cablevision, Inc. IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS equipment by October
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2702A1.html
- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Cableview Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from January 9, 2003 until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Cableview Communications, Inc. IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to in stall EAS equipment by
- http://transition.fcc.gov/eb/Orders/2003/DA-03-2703A1.html
- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.11 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.12 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,13 Keene Valley Video, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from November 1, 2002 until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Keene Valley Video, Inc. IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS equipment
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- to FCC auditors conducting an official investigation into violations by your employer, Connect2 Internet Networks, Inc. (``Connect2'') of the FCC rules governing the E- Rate schools and libraries internet funding program (``E-Rate program''). See United States v. Alvarez, Criminal Docket No. 1:03cr634, Felony Information at 1-2 (S.D.N.Y. filed May 20, 2003) (``Alvarez Felony Information''). 2 47 C.F.R. 54.521; 47 C.F.R. 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. 54.521). 3 47 C.F.R. 54.521(a)(4). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-9227, 67- 74 (2003) (``Second Report and Order''). 4 Second Report and Order, 18 FCC
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- 1 Any further reference in this letter to ``your conviction'' refers to your May 22, 2003 guilty plea and conviction on this count based on your fraudulent scheme to obtain schools and libraries E-Rate program funds. See United States v. Angelides, Docket No. 1:03cr635, Felony Information (S.D.N.Y. filed May 20, 2003) (``Angelides Felony Information''). 2 47 C.F.R. 54.521; 47 C.F.R. 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. 54.521). 3 47 C.F.R. 54.521(a)(4). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-9227, 67-74 (2003) (``Second Report and Order''). 4 Second Report and Order, 18 FCC Rcd
- http://transition.fcc.gov/eb/Orders/2003/DA-03-270A1.html
- (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $7,000 to Coffee County.2 Coffee County has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Coffee County IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully violating Section 73.1125(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not
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- as it relates to OCMC, Inc. in a separate order. Nothing herein constitutes a decision with respect to OCMC, Inc. 6. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 503(b),5 and Section 1.80(f)(4) of the Commission's rules,6 and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311,7 that the Motion to Dismiss the Notice of Apparent Liability with regard to One Call Internet, Inc. IS GRANTED. 7. IT IS FURTHER ORDERED that, a copy of this Order shall be sent by certified mail, return receipt requested, to counsel for One Call Internet, Inc., Steven A. Augustino, Esq.,
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- Field Office (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $3,000 to Brewer.2 Brewer has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4J.L. Brewer Broadcasting of Cleveland, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully violating Section 17.4(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- this Order outlining what measures it has taken or will take to correct the violations and ensure that they do not recur. Air Paging's report must be submitted in the form of an affidavit or declaration signed by an officer or director of Air Paging.4 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,6 Air Paging IS LIABLE FOR A MONETARY FORFEITURE in the amount of $9,000 for willfully and repeatedly violating Sections 1.903(a), 90.403(f) and 90.425(a) of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- ASR number at the KSUH tower and the $10,000 forfeiture proposed in the NAL for failure to clean or repaint the KSUH tower as often as necessary to maintain good visibility. Accordingly, we reduce the total forfeiture amount from $22,000 to $10,000. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Jean J. Suh d/b/a Radio Hankook IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violations of Sections 11.35(a), 11.61 and 17.4(g) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- to the statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Calvary repeatedly violated Sections 17.4(g), 17.50 and 17.51(a) of the Rules and that the appropriate forfeiture amount is $10,000. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Calvary IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to post the ASR number, light and adequately paint the captioned antenna structure, in repeated violation of Sections 17.4(g), 17.50 and 17.51(a) of the Rules. 14. Payment of the forfeiture shall be made in the manner provided
- http://transition.fcc.gov/eb/Orders/2003/DA-03-282A1.html
- Field Office (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to WHYZ.2 WHYZ has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 WHYZ Radio, L.P. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully violating Section 11.35(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- order by failing to provide information and documents directed by the Bureau. We have further determined that WCSS is apparently liable in the amount of $10,000. 15. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. 503(b), section 1.80 of the Commission's rules, 47 C.F.R. 1.80, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that World Communications Satellite Systems, Inc. (``WCSS'') IS HEREBY NOTIFIED of an Apparent Liability for Forfeiture in the amount of $ 10,000 for willful and repeated violations of a Commission order as described in the paragraphs above.27 16. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules,
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- to allocate among conspirators the responsibility for supplying goods and services for that project.'' See United States v. Maynard, Criminal Docket No. 1:03cr5325, Information at 2-3 (E.D.Cal. filed August 19, 2003) (``Maynard Felony Information''); United States v. Maynard, Criminal Docket No. 1:03cr5325, Plea Agreement at 6-7 (E.D.Cal. filed August 26, 2003) (``Maynard Plea Agreement''). 2 47 C.F.R. 54.521; 47 C.F.R. 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. 54.521). 3 47 C.F.R. 54.521(a)(4); Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-27, 67-74 (2003) (``Second Report and Order''); id. at Appendix B, 18 FCC Rcd at 9263-65.
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- Woods willfully violated Section 303(n) of the Act and Section 95.426 of the Rules and we find that, while there is no basis for cancellation of the proposed monetary forfeiture, a reduction to $500 is warranted on the basis of financial hardship. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,8 William A. Woods IS LIABLE FOR A MONETARY FORFEITURE in the amount of five hundred dollars ($500) for willful violation of Section 303(n) of the Act and Section 95.426 of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- the Enforcement Bureau no more than thirty (30) days following the release of this order how he plans to achieve compliance with Section 17.4(a). Mr. Lankford's report must be submitted in the form of an affidavit or declaration signed by Mr. Lankford. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Dewey D. Lankford IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for failure to register his antenna structure, in willful violation of Section 17.4(a) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Act, Dewey D. Lankford must submit the report described
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- we conclude that Clarke willfully and repeatedly violated Sections 73.1560(a) and 73.1745(a) of the Rules and willfully violated Sections 73.1350(a), 73.1350(c) and 73.1400 of the Rules. We find that there is no basis for cancellation or reduction of the proposed monetary forfeiture. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Clarke IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000) for willful and repeated violation of Sections 73.1560(a) and 73.1745(a) of the Rules and willful violation of Sections 73.1350(a), 73.1350(c) and 73.1400 of the Rules 16. Payment of the forfeiture shall be made in the manner provided for in
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- United States Treasury. 3. After having reviewed the record and the Consent Decree, including the incorporated Compliance Plan, we believe that the public interest will be served by adopting the Consent Decree and terminating the Enforcement Bureau's forfeiture proceeding against Nextel WIP.2 2. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Act,3 and Sections 0.111 and 0.311 of the Commission's Rules,4 the Consent Decree attached to this Order IS ADOPTED. 3. IT IS FURTHER ORDERED that the Enforcement Bureau's forfeiture proceeding against Nextel WIP IS TERMINATED. 6. IT IS FURTHER ORDERED that Nextel WIP shall make its voluntary contribution to the United States Treasury by mailing a check or similar instrument, payable to the order
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- a condition of the waiver, Cunningham must include an insert with its bill to subscribers once a year alerting the subscribers that this channel will not carry the video portion of national EAS alerts because Cunningham has been granted a partial waiver of the EAS requirements with respect to this channel. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,10 Cunningham Communications, Inc. IS GRANTED a temporary waiver of Section 11.11(a) of the Rules for the video portion of one channel on its Glen Elder, Kansas system which carries locally-inserted community programming, subject to the conditions specified herein. 6. IT IS FURTHER ORDERED that Cunningham Communications, Inc. place a copy of this waiver in
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- bridge for this call, and inform the Defendant and Commission staff of the call-in information. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- In the Matter of ) ) COMPLAINTS AGAINST VARIOUS ) File No. EB-03-IH-0110 BROADCAST LICENSEES ) REGARDING THEIR AIRING OF ) THE ``GOLDEN GLOBE AWARDS'' ) PROGRAM 1 ) ) MEMORANDUM OPINION AND ORDER Adopted: October 3, 2003 Released: October 3, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order, issued pursuant to Section 0.111(a)(7) of the Commission's rules,2 we deny complaints received from the Parents Television Council and from certain individuals who have alleged that various television station licensees aired program material during the ``Golden Globe Awards'' program on January 19, 2003, that violates the federal restrictions regarding the broadcast of obscene and indecent material.3 II. BACKGROUND 2. The complainants allege that the licensees
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- 12-month waiver of Section 11.11(a) of the Rules granted for the captioned cable system is warranted. In particular, the information provided by Youngsville does not support financial hardship of a magnitude that would warrant a waiver extension to install EAS equipment. Accordingly, we deny Youngsville's request for an EAS waiver extension. 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b), 0.311 of the Rules,9 Youngsville Television Corporation a/k/a Youngsville TV Corp.'s request for a waiver extension IS DENIED. 7. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail Return Receipt Requested to Felix Matthews, President, Youngsville Television Corporation a/k/a Youngsville TV Corp., 3 West Main Street, Youngsville, Pennsylvania 16371. FEDERAL COMMUNICATIONS COMMISSION
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- to wireless cable systems with more than 5,000 but fewer than 10,000 subscribers until either the effective date of any changes adopted by the Commission to the EAS rules for wireless cable systems using digital technology, or 90 days after the Commission issues a decision declining to adopt any such changes. 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,10 Craig Wireless Honolulu Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules as specified herein and in all other respects its request for a waiver of Section 11.11(a) of the Rules IS DENIED. 7. IT IS FURTHER ORDERED that Craig Wireless Honolulu Inc. place a copy of this waiver in its system
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- ability to pay, and such other matters as justice may require.''15 Based upon the facts and circumstances presented here, we find that the base amount of Four Thousand Dollars ($4,000.00) to be the appropriate proposed forfeiture amount. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,16 and Sections 0.111, 0.311 and 1.80 of the Commission's rules,17 Tempe Radio, Inc., licensee of KUPD(FM), Tempe, Arizona, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of Four Thousand Dollars ($4,000.00) for willfully violating Section 73.1206 of the Commission's rules on October 3, 2002.18 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the rules,19 within
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- its ability to pay. Therefore, we decline to reduce the forfeiture amount on this basis. We do, however, agree with Commonwealth that their station appears to have an overall history of compliance. For this reason we reduce the forfeiture amount to $5,500. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Commonwealth License Subsidiary, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand five hundred dollars ($5,500) for failure to enclose its AM transmission system for Station KLMR(AM) within effective locked fences or other enclosures in willful violation of Section 73.49 of the Rules. 12. Payment of the forfeiture shall be
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- as well. As a result of our review, we conclude that Sutro repeatedly violated Section 17.4(a) of the Rules and we find that, although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $2,400 is appropriate. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,16 Sutro IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand four hundred dollars ($2,400) for failure to register its antenna structure, in repeated violation of Section 17.4(a) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- may be followed whenever the Commission, in its discretion, determines that they will better serve the ends of justice.'' FBS has provided no information that warrants a hearing and we find that a hearing would not better serve the ends of justice. IV. ORDERING CLAUSES 18. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 FBS IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty thousand dollars ($20,000) for failure to register and light its antenna structure and to enclose it with an effective locked fence, in repeated violation of Sections 17.4(a), 17.51(a) and 73.49 of the Rules. 19. IT IS FURTHER ORDERED, pursuant to Sections 0.111,
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- Violations regarding its apparent failure to comply with the Commission's antenna structure maintenance (painting and lighting) requirements.10 Given the relationship between and the common control of Hill Country and Concho, we do not believe that reduction of the $13,000 forfeiture is warranted.11 IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Hill Country Real Estate Development Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen thousand dollars ($13,000.00) for its failure to clean and repaint an antenna structure, failure to exhibit red obstruction lighting from sunset to sunrise, and failure to ``immediately'' notify the Commission of the change in ownership of an
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Cumulus willfully violated Section 73.49 of the Rules, and we find no basis to rescind or reduce the $7,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 Cumulus Licensing Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of Section 73.49 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Suwannee Cable TV.2 Suwannee Cable TV has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Suwannee Cable TV IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating Sections 76.605(a)(12) and 76.611(a)(1) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- confirmed, that Max Media and its principals have an unblemished history of serving its broadcast communities in compliance with the Commission's regulations. After considering Max Media's past history, we conclude that a reduction of the remaining forfeiture amount ($11,000 as reduced) to $8,800 is appropriate.34 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,35 Max Media of Montana, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand eight hundred dollars ($8,800.00) for failure to maintain its antenna structure lighting, for failure to maintain a functional automatic alarm system, and for failure to immediately notify the Commission of the change in ownership of antenna structure
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- the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Motion to Withdraw Amended Complaint IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 RCN Telecom Services of Philadelphia, Inc. v. PECO Energy Company and Exelon Infrastructure Services, Inc, Phase I Order, 17 FCC Rcd 25238 (Enf. Bur. 2002),
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- which we can assess its ability to pay. Thus, we decline to reduce the forfeiture amount on this basis. Finally, Haviland requests that we consider its history of overall compliance. We will do so, and further reduce the forfeiture amount to $2,500. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,9 Haviland IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand five hundred dollars ($2,500) for failure to exhibit the prescribed painting on its antenna structure in willful violation of Section 17.21 of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Green.2 Mr. Green has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''),4 Patrick S. Green IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- as well. As a result of our review, we conclude that AGM willfully and repeatedly violated Section 74.551(a)(3) of the Rules and willfully violated Section 74.1235(e) of the Rules, but we reduce the forfeiture proposed for these violations from $12,000 to $9,600. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 AGM-Nevada, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of nine thousand six hundred dollars ($9,600) for willful and repeated violation of Section 74.551(a)(3) of the Rules and willful violation of Section 74.1235(e) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80
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- the Enforcement Bureau within 30 days of the release of this order outlining what measures it has taken or will take to correct the violations and ensure that they do not recur. Davies' report must be submitted in the form of an affidavit or declaration.4 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,6 Davies Communications Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully and repeatedly violating Section 73.3526(a)(2) of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- MariTEL willfully and repeatedly violated Section 80.90 of the Rules, but we reduce the forfeiture proposed for this violation from $4,000 to $3,200. In addition, we cancel the $3,000 forfeiture proposed in the NAL for violation of Section 1.5 of the Rules. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,16 MariTEL Mississippi River, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand two hundred dollars ($3,200) for willful and repeated violation of Section 80.90 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- compliance with Section 11.11(a). 4. Based upon our review of the information submitted by Sterling, we conclude that Sterling's notification should be treated as a request for a temporary waiver of Section 11.11(a). We also conclude that a temporary waiver of Section 11.11(a) for the captioned wireless cable system is warranted.7 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,8 C&W Enterprises, Inc. d/b/a Sterling Cable IS GRANTED a waiver of Section 11.11(a) of the Rules until July 16, 2003 for the captioned wireless cable television system. 6. IT IS FURTHER ORDERED that C&W Enterprises, Inc. d/b/a Sterling Cable place a copy of this waiver in its system file. 7. IT IS FURTHER ORDERED
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- the Enforcement Bureau within 30 days of the release of this order outlining what measures it has taken or will take to correct the violations and ensure that they do not recur. Chatterbox's report must be submitted in the form of an affidavit or declaration.4 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,6 Chatterbox, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for willfully and repeatedly violating Section 11.61 of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- waivers of Section 1.2107(c) of the Commissions rules. Under the facts and circumstances of these cases and the basis of the waivers, as described in the WTB waiver order,5 we conclude that imposition of a forfeiture against these companies is not warranted." 3. Accordingly, pursuant to Section 4(i) and (j) of the Communications Act of 1934, as amended,6 and Sections 0.111 and 0.311 of the Commission's rules,7 the aforementioned notices of apparent liability for forfeiture are, hereby, cancelled. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1See In re City Page & Cellular Services, Inc. d/b/a City Beepers, 17 FCC Rcd 26,214 (2002); In re Gabriel Wireless, LLC, 17 FCC Rcd 26,223 (2002); In re Golden Arrow Paging, Inc.,
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- Agent Office (``Honolulu Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Ho'ona'auao.2 Ho'ona'auao has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Ho'ona'auao Community Television, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 11.61(a)(1)(v) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Charles.2 Mr. Charles has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Marcel Charles IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not
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- Enforcement Bureau within 30 days of the release of this order outlining what measures it has taken or will take to correct the violation and ensure that it does not recur. Radio Centre's report must be submitted in the form of an affidavit or declaration.4 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,6 Radio Centre, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully violating Section 73.49 of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- adjustments.4 2. We have carefully reviewed the pleadings related to the Petition,5 as well as the underlying record. Georgia Power has presented no information or argument that warrants a change in the Order's conclusions regarding the six pole attachment agreement provisions at issue.6 3. Accordingly, IT IS ORDERED, pursuant to section 405 of the Act, 47 U.S.C. 405, and sections 0.111, 0.311 and 1.106(j) of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.106(j), that Georgia Power's Petition for Reconsideration IS DENIED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 11 Georgia Power Company's Petition for Reconsideration, File No. PA 01-002 (filed Sept. 8, 2003) (``Petition''). 2 Cable Television Ass'n of Ga. v. Georgia Power Co., Order, DA 03-2613, 2003
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- to clean or repaint the KCUL-FM Tower as often as necessary to maintain good visibility. However, based on Access.1's good faith efforts and history of overall compliance we reduce the forfeiture amount from ten thousand dollars ($10,000) to two thousand dollars ($2,000). IV. ORDERING CLAUSES 23. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules,18 Access.1 Communications Corp.-NY IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully violating Section 17.50 of the Rules. 24. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- affidavit signed by an officer or director of the licensee. If J & W fails to submit such a report or we find that J & W has not come into compliance with our rules, we will consider further appropriate enforcement action. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 J & W Promotions, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000.00) for failure to have registered the antenna structure with the Commission, failure to have operational EAS equipment installed and failure to have an effective locked fence around the antenna structure, in willful and repeated violation
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- (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $15,000 to Small Town.2 Small Town has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Small Town Radio Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $15,000 for willfully and repeatedly violating Sections 11.35(a) and 73.49 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Joint Motion to Dismiss is GRANTED, and that the Complaint and Request for Declaratory Ruling is DISMISSED with prejudice. 4. IT IS FURTHER ORDERED that the above-captioned proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Joint Motion
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- the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Joint Motion to Dismiss is GRANTED, and that the Complaint is DISMISSED with prejudice. 4. IT IS FURTHER ORDERED that the above-captioned proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Joint Motion to Dismiss, File No. EB-02-MD-034
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- In the Matter of ) ) EB Docket No. 02-367 RADIO MOULTRIE, INC. ) EB-01-IH-0259 ) Facility #54680 Licensee, Station WMGA(AM), ) FRN #0007570443 Moultrie, Georgia ) ORDER OF REVOCATION Adopted: November 3, 2003 Released: November 4, 2003 By the Chief, Enforcement Bureau: I. Introduction 1. By this Order, acting pursuant to authority delegated to the Enforcement Bureau under Section 0.111(a)(16) of the Commission's rules,1 we revoke the above-captioned broadcast license held by Radio Moultrie, Inc. (``RMI'') for RMI's having violated Section 310(d) of the Communications Act of 1934, as amended (``the Act''),2 and Section 73.3540 of the Commission's rules,3 and for its having failed to follow the Commission's directives. We conclude, based upon the evidence of its conduct, that RMI
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Notesan's Request for Waiver of Commission Rule 1.718(a) IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of the Commission's rules, 47 C.F.R. 1.718, are hereby waived, and the date that Notesan Pty Ltd. must convert
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- Director of the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Lovelock.2 Lovelock has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission Rules (``Rules''),4 Annetta Lovelock Enterprises Inc. d/b/a Rum Runner Caribbean Restaurant & Lounge IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- change that adversely affects the emanation characteristics of the modified equipment will require a new verification and the submission of that new verification to the Enforcement Bureau. Failure to submit these required verification records may result in further enforcement action. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules,29 Johannus Orgelbouw b.v. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release
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- Director of the Commission's Tampa, Florida, Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $20,000 to Accessory.2 Accessory has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (''Rules''),4 Accessory Connection Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for willfully violating Sections 301 and 302(b) of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- the Policy Statement as well. As a result of our review, we conclude that J4 Broadcasting willfully and repeatedly violated Sections 73.51(e)(2) and 73.1560(a)(1) of the Rules, and we find no basis to rescind or reduce the forfeiture proposed for these violations. IV. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 J4 Broadcasting of Cincinnati, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for willful and repeated violations of Sections 73.51(e)(2) and 73.1560(a)(1) of the Rules. 17. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- in conjunction with the Policy Statement as well. As a result of our review, we conclude that Radio X willfully violated Sections 17.50 and 73.3526(b) of the Rules and find that neither cancellation nor reduction of the proposed monetary forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,9 Radio X Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty thousand dollars ($20,000) for willfully violating Sections 17.50 and 73.3526(b) of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- interest by promoting the private resolution of disputes and by eliminating the need for the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111, 0.311, and 1.106 of the Commission's rules, 47 C.F.R. 0.111, 0.311, and 1.106, that the Motion to Dismiss is GRANTED and that the InfraSource Petition for Reconsideration of the Phase I Order IS DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 RCN Telecom Services of Philadelphia, Inc. v. PECO Energy
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- Field Office (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Piedmont.2 Piedmont has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Piedmont Radio Co. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Sections 17.4(a) and 73.1125(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Third Consent Motion of Complainant For Extension of Time In Which To Convert Informal Complaint To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and
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- parties, yet establishes a reasonable deadline in the event that such an agreement proves unobtainable. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- promoting the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Motion To Dismiss the above-captioned complaint IS GRANTED. 5. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47
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- when we gave JCTI a one-year extension rather than a two-year extension, JCTI did not then begin budgeting for EAS equipment and, indeed, now seeks an even longer extension (a total of 36 months from October 1, 2002) that we originally denied. Accordingly, we deny JCTI's request for a waiver extension. 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,11 Johnsonburg Community Television, Inc.'s request for a waiver extension IS DENIED. 7. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail Return Receipt Requested to counsel for Johnsonburg Community Television, Inc., Christopher C. Cinnamon, Esq., Cinnamon Mueller, 307 North Michigan Avenue, Suite 1020, Chicago, Illinois 60601. FEDERAL
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- issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $3,000 to P & G.2 P & G has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 P & G Properties, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully violating Section 17.4(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- forfeiture amount of $4,000 for a violation of Section 73.1216 of the rules.38 Based upon our review of all the pertinent factors as required by Section 503(b)(2)(D) of the Act, we believe that a $4,000 forfeiture is appropriate. V. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules,39 Isothermal Community College is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Four Thousand Dollars ($4,000) for willfully and repeatedly violating Section 73.1216 of the Commission's rules. 14. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days of the release of this
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- (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $7,000 to Marshall County.2 Marshall County has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Marshall County Radio Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 73.49 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- report must be submitted in the form of an affidavit or declaration, under penalty of perjury, signed by an officer or director of the licensee. SMC should note that its continued noncompliance could result in additional enforcement action by the Enforcement Bureau. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 SMC IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand dollars ($11,000) for its failure to have operational EAS equipment and for its failure to register its antenna structure, in willful violation, respectively, of Sections 11.35(a) and 17.4(a) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant Section 308(b) of
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- the need for further litigation and the expenditure of additional time and resources of the parties and this Commission. 4. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 252(e)(5) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 252(e)(5), and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and authority delegated by sections 0.111, and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the joint motion to dismiss with prejudice the above-captioned complaint filed by Cox and Verizon South IS GRANTED in its entirety. 5. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 252(e)(5) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 252(e)(5), and sections
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- to the intentional unlicensed operation of a ``pirate'' station operator who operates its station in flagrant violation of Commission rules. In view of these circumstances, we determine that reduction of the $10,000 base forfeiture amount to five thousand dollars ($5,000) is warranted.13 IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''),14 Gateway IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for willfully violating Section 301 of the Act. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of MCI WORLDCOM Network Services, Inc. Requesting Waiver of Section 1.718 of the Commission's Rules and an Extension of Time In Which to Convert Its Informal Complaint to a Formal Complaint and Toll the Limitations Period IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i),
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- the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Stipulation of Dismissal With Prejudice is GRANTED, and that the Petition for Temporary Stay is DISMISSED with prejudice. 4. IT IS FURTHER ORDERED that the above-captioned proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Stipulation of Dismissal
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- period.45 Based on these factors and the particular circumstances of this case, we find that M-H is apparently liable for a forfeiture penalty of $8,000 for its apparent willful and repeated failures to make the public file of Station WRTV(TV) available for inspection.46 IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Act,47 and sections 0.111, 0.311, and 1.80 of the Commission's rules,48 that McGraw-Hill Broadcasting Co., Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Eight Thousand Dollars ($8,000.00) for willfully and repeatedly violating section 73.3526(c) of the Commission's rules.49 15. IT IS FURTHER ORDERED, pursuant to section 1.80(f)(3) of the Commission's rules50 that within thirty (30) days of the
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 5. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 252(e)(5) of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 252(e)(5), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Joint Motion to Dismiss is GRANTED, and that the Complaint is DISMISSED with prejudice. 6. IT IS FURTHER ORDERED that the above-captioned proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Formal Complaint, File No. EB-00-MD-20 (filed Nov.
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- for complying with the EAS requirements. Under these circumstances, we believe that six months is sufficient time for WRYR-LP to install an EAS decoder, and accordingly grant WRYR-LP an additional six months from the date of the initial October 24, 2003 deadline to comply with the Commission's EAS rules. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Commission's rules,7 that the request of South Arundel Citizens for Responsible Development for a waiver of section 11.11(a) of the rules station WRYR-LP, is GRANTED, consistent with the discussion and conclusions in this Order. 7. IT IS FURTHER ORDERED that WRYR-LP, place a copy of this waiver in its station files. 8. IT IS FURTHER
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Barinowski willfully violated Section 17.50 of the Rules. However, we also find that reduction of the proposed monetary forfeiture to $8,000 is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Barinowski Investment Company, LP, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully violating Section 17.50 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Consent Motion to Dismiss is GRANTED, and that the Complaint is DISMISSED with prejudice. 4. IT IS FURTHER ORDERED that the above-captioned proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Consent Motion to Dismiss, File No. EB-02-MD-031
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- public interest by promoting the private resolution of disputes and by eliminating the need for expenditure of further time and resources of the parties and this Commission. 5. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Petition for Reconsideration of the Bureau Order IS DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Complaint, File No. PA 00-001 (filed Feb. 2, 2000). 2 Cable Telecommunications Association of Maryland, Delaware & the District of Columbia,
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- such matters as justice may require. After considering the record, the factors contained in section 503(b)(2)(D) of the Act, 47 U.S.C. 503(b)(2)(D), and the Forfeiture Policy Statement, we believe that a $4,000 forfeiture is appropriate in this case. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended,24 and sections 0.111, 0.311, and 1.80 of the Commission's rules,25 that ABC, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Four Thousand Dollars ($4,000.00) for willfully violating section 73.1216 of the Commission's rules. 12. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty (30) days of the release of this Notice,
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- agreement; (b) the Bankruptcy Court had approved that settlement agreement on November 17, 2003; and (c) the order of the Bankruptcy Court became final on December 2, 2003. 3. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Motion to Dismiss IS GRANTED, AND that the above-captioned Complaint that Touch America, Inc. filed against Qwest Communications International Inc., Qwest Corporation, And Qwest Communications Corporation IS DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3931A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3931A1.doc
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- agreement; (b) the Bankruptcy Court had approved that settlement agreement on November 17, 2003; and (c) the order of the Bankruptcy Court became final on December 2, 2003. 3. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Motion to Dismiss IS GRANTED, AND that the above-captioned Complaint that Touch America, Inc. filed against Qwest Communications International Inc., Qwest Corporation, And Qwest Communications Corporation IS DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3932A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3932A1.doc
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- In this case, taking all of these factors into consideration, we find that the NAL properly proposed that the base forfeiture amount is the appropriate sanction for the violation described above. Consequently, Mr. Kaminski is liable for a forfeiture of Four Thousand Dollars ($4,000.00). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. 503(b), and 47 C.F.R. 0.111, 0.311 and 1.80, Donald W. Kaminski, Jr. FORFEIT to the United States the sum of Four Thousand Dollars ($4,000.00) for willfully violating 47 C.F.R. 73.1015. Payment of the forfeiture may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture Collection Section, Finance Branch, Federal Communications Commission, P.O. Box
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- the Rules and was willful and repeated. Accordingly, cancellation of the $10,000 forfeiture for this violation is not warranted. However, we do find that Tower Properties' has a history of overall compliance, and we reduce the forfeiture amount from $10,000 to $8,000.00. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,15 Tower Properties of Florida, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully and repeatedly violating Section 17.50 of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- will serve the public interest by promoting the private resolution of disputes and by eliminating the need for expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 154(j), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Motion to Dismiss filed on behalf of Touch America in the above-captioned proceeding is GRANTED. 5. IT IS FURTHER ORDERED, pursuant to section 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 154(j), and the authority delegated in sections 0.111 and
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Fibervision, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2003 for three cable television systems in Laurel and Missoula, Montana; and Fairchild, Washington and IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for six cable television systems in Big Timber, Columbus, Forsyth, Hardin, Park
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- our review, we conclude that Signal willfully violated Section 17.51(b) of the Rules. However, Signal's assertion is correct that it has no previous citations, and as a result we reduce the forfeiture amount to $8,000 based on its history of overall compliance. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 Signal IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for failure to light the captioned antenna structure, in willful violation of Section 17.51(b) of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- to pay the monetary forfeiture. We note that remedial actions taken to correct the violations, while commendable, are not mitigating factors.10 However, after reviewing the financial documentation, we conclude that reduction of the $19,000 forfeiture to $3,000 is warranted in this case. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 Hunt Broadcasting Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for its violation of Sections 73.49, 73.1350(b)(2), 73.1350(c), 11.35(a), 73.3526(e)(5), 73.3526(e)(6), and 73.3526(e)(12) of the Rules. 6. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- factors into consideration, we find that the NAL properly proposed that the compounded forfeiture amount of $10,000 is the appropriate sanction for the violations described above. Consequently, Minority is liable for a forfeiture of Ten Thousand Dollars ($10,000). V. ORDERING CLAUSES 18. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended,62 and Sections 0.111, 0.311 and 1.80 of the Commission's rules,63 that Minority Television Project, Inc., licensee of noncommercial educational Station KMTP-TV, San Francisco, California, FORFEIT to the United States the sum of Ten Thousand Dollars ($10,000) for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. 399b, and Section 73.621 of the Commission's rules, 47 C.F.R. 73.621.
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- days following the release of this Order how it has achieved compliance with Section 17.21 of the Rules for antenna structure number 1040995. HCI's report must be submitted in the form of an affidavit signed by an officer or director of HCI. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 HCI IS LIABLE FOR A MONETARY FORFEITURE in the amount of nineteen thousand six hundred dollars ($19,600) for failure to maintain effective fencing around its antenna structures, failure to install prescribed lighting, and for exceeding authorized nighttime power limits, in willful and repeated violation of Sections 73.49, 17.21, and 73.1745(a) of the Rules. 12.
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- via mail, by telephone at (202) 418-1420 or by e-mail at diana.lee@fcc.gov. If Ms. Lee is unavailable, you may contact William Davenport by telephone at (202) 418-1420 and by e-mail at william.davenport@fcc.gov. Sincerely yours, Maureen F. Del Duca Chief Investigations and Hearings Division Enforcement Bureau cc: Joel M. Cohen, Greenberg Traurig, LLP Kristy Carroll, USAC _________________________ 1 See 47 C.F.R. 0.111(a)(14), 54.521. 2 Letter from Maureen F. Del Duca, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Oscar Alvarez, Notice of Suspension and Proposed Debarment, 18 FCC Rcd 16668 (2003). 3 68 Fed. Reg. 58836 (Oct. 2, 2003). 4 See Notice of Suspension, 18 FCC Rcd at 16668-69 (imposing suspension pending the Bureau's final debarment determination) (Attachment 1).
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- mail, by telephone at (202) 418-1420 or by e-mail at diana.lee@fcc.gov. If Ms. Lee is unavailable, you may contact William Davenport by telephone at (202) 418-1420 and by e-mail at william.davenport@fcc.gov. Sincerely yours, Maureen F. Del Duca Chief Investigations and Hearings Division Enforcement Bureau cc: Mark S. Cohen, Cohen & Gressler, LLP Kristy Carroll, USAC _________________________ 1 See 47 C.F.R. 0.111(a)(14), 54.521. 2 Letter from Maureen F. Del Duca, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to John Angelides, Notice of Suspension and Proposed Debarment, 18 FCC Rcd 16672 (2003) (Attachment 1). 3 68 Fed.Reg. 56837 (Oct. 2, 2003). 4 See Notice of Suspension, 18 FCC Rcd at 16672-73 (imposing suspension pending the Bureau's final debarment determination). 5
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- telephone at (202) 418-1420 or by e-mail at diana.lee@fcc.gov. If Ms. Lee is unavailable, you may contact William Davenport by telephone at (202) 418-1420 and by e-mail at william.davenport@fcc.gov. Sincerely yours, Maureen F. Del Duca Chief Investigations and Hearings Division Enforcement Bureau cc: Kenneth Alan Reed, Law Office of Kenneth Alan Reed Kristy Carroll, USAC _________________________ 1 See 47 C.F.R. 0.111(a)(14), 54.521. 2 Letter from Maureen F. Del Duca, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Duane Maynard, Notice of Suspension and Proposed Debarment, 18 FCC Rcd 18684 (2003). 3 68 Fed. Reg. 56839 (Oct. 2, 2003). 4 See Notice of Suspension, 18 FCC Rcd at 18684-85 (imposing suspension pending the Bureau's final debarment determination) (Attachment 1).
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- After having reviewed the record and the Consent Decree, including the incorporated Compliance Plan, we believe that the public interest will be served by adopting the Consent Decree and terminating the Enforcement Bureau's forfeiture proceeding against ESI. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended,1 and Sections 0.111 and 0.311 of the Commission's Rules,2 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's forfeiture proceeding against ESI IS TERMINATED. 7. IT IS FURTHER ORDERED that ESI shall make its voluntary contribution to the United States Treasury by mailing a check or similar instrument, payable to the order of the
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- that complies with the Commission's rigorous rules, 47 C.F.R. 1.720-1.736, should such a complaint be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the requests for extension ARE GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in
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- Consumer and Governmental Affairs Bureau Federal Communication Commission 445 12th Street, S.W. Washington, D.C. 20554 5. This order is issued pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 C.F.R. 1.718. 2 See Letter from Warren Firschein, Attorney, Market Disputes Resolution Division, Enforcement Bureau, FCC, to Christopher Karns, Attorney for Judware, and Marie Breslin, Attoney for Verizon, File No. IC-02-I0013921 (November 21,
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- we find that the parties have shown good cause for us to dismiss O'Day's formal complaint with prejudice. 7. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and section 1.727 of the Commission's rules, 47 C.F.R. 1.727, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Joint Motion to Dismiss Formal Complaint with Prejudice filed by the parties to this proceeding IS GRANTED. 8. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and section 1.727 of the
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Qwest Corporation's request for waiver of Rule 1.718 and for extension of time IS GRANTED. IT IS FURTHER ORDERED pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules,
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- Foundation has demonstrated that the lyrics of ``Your Revolution,'' measured by contemporary community standards, are not patently offensive and therefore not indecent. Accordingly, we rescind the NAL. 10. In light of our decision rescinding the NAL, we dismiss as moot Sarah Jones's informal request filed October 2, 2002. IV. ORDERING CLAUSES 11. In view of the foregoing, pursuant to Sections 0.111(a)(7), 0.311 and 1.80(f)(3) of the Commission's rules, 47 C.F.R. 0.111(a)(7), 0.311 and 1.80(f)(3), IT IS ORDERED THAT the Bureau's May 17, 2001 Notice of Apparent Liability for Forfeiture issued to The KBOO Foundation, licensee of noncommercial Station KBOO-FM, is hereby RESCINDED. 12. IT IS FURTHER ORDERED That, the informal request, filed pursuant to 47 C.F.R. 1.41, by Sarah Jones on
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- character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we believe that the public interest will be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended,1 and Sections 0.111 and 0.311 of the Commission's Rules,2 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation of Motorola IS TERMINATED. 7. IT IS FURTHER ORDERED that Motorola, Inc. shall make its voluntary contribution to the United States Treasury by mailing a check or similar instrument, payable to the order of the
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of MCI WORLDCOM Network Services, Inc. Requesting Waiver of Section 1.718 of the Commission's Rules and Further Extension of Time In Which to Convert Its Informal Complaint to a Formal Complaint and Toll the Limitations Period IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i),
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Cable One, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Cable One, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Charter Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for 69 cable television systems listed in Attachment A. 7. IT IS FURTHER ORDERED that Charter Communications, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
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- for delivery by October 15, 2002. Finally, TSI believes that it can bring its cable system into EAS compliance by November 1, 2002. 4. Based upon our review of the information submitted by TSI, we conclude that a temporary, one-month waiver of Section 11.11(a) for the captioned cable system is warranted.7 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,8 Telecom Supply, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until November 1, 2002 for the captioned cable television system. 6. IT IS FURTHER ORDERED that Telecom Supply, Inc. place a copy of this waiver in its system file. 7. IT IS FURTHER ORDERED that a copy of this Order shall
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Western Dakota Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. 7. IT IS FURTHER ORDERED that Western Dakota Cable, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 New England Cablevision, Inc. and Flasher Cablevision, Inc. ARE GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that New England Cablevision, Inc. and Flasher Cablevision, Inc. place a copy of this waiver in their system files. 8. IT
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Scott Telecom and Electronics, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the cable television system in Weber City, Virginia and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the cable television systems in Nickelsville, Virginia and Sandy Ridge,
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 SouthTel Communications, L.P. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the eleven captioned cable television systems. 7. IT IS FURTHER ORDERED that SouthTel Communications, L.P. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 D & D Cable Systems, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the three captioned cable television systems. 7. IT IS FURTHER ORDERED that D & D Cable Systems, Inc. place a copy of this waiver in its system files. 8. IT IS
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 CCS, LLC d/b/a Community Cable Service IS GRANTED a waiver of Section 11.11(a) of the Rules until April 1, 2003 for the cable television system in Liberty Lake, Washington and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the cable television systems in the Connell, Washington; Ione,
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 CableSouth, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for one cable television system listed in Attachment A and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for 40 cable television systems listed in Attachment A. 7. IT IS FURTHER ORDERED
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Mountain Shadows Cable TV Systems IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Mountain Shadows Cable TV Systems place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Heartland Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Heartland Cable TV, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Quality Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Quality Cablevision place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Fourth Consent Motion of Complainant For Extension of Time In Which To Convert Informal Complaint To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and
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- We therefore conclude that a reduction of the forfeiture amount is warranted.9 We have reviewed the response in light of the statutory factors set forth above, and find that AWS and Vanguard have justified a reduction of the proposed forfeiture penalty from $9,000 to $3,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to 47 U.S.C. 503(b), and 47 C.F.R. 0.111, 0.311 and 1.80, that Vanguard Cellular Systems, Inc., FORFEIT to the United States the sum of three thousand dollars ($3,000) for willfully violating the Commission's rules that require U.S. carriers to report actual and forecast number usage. Payment of the forfeiture may be made by mailing a check or money order, payable to the order of the Federal Communications Commission,
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 North East TV Cooperative, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned wireless cable televisions systems. 7. IT IS FURTHER ORDERED that North East TV Cooperative, Inc. place a copy of these waivers in its systems files. 8. IT IS FURTHER ORDERED that a
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- (``Bureau'') issued the Forfeiture Order based on its belief that Verizon Wireless had neither filed a timely response to the NAL nor paid the forfeiture. However, subsequent to the release of the Forfeiture Order, it has come to the Bureau's attention that Verizon Wireless paid the forfeiture on December 2, 2002. 2. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 0.111, 0.311 and 1.113 of the Rules, 4 the Forfeiture Order released on January 30, 2003 IS HEREBY SET ASIDE. 3. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail, return receipt requested, to Verizon Wireless (VAW) LLC, Attention: Carol King, 30 Independence Boulevard, Warren, NJ 07059. FEDERAL COMMUNICATIONS COMMISSION
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- in the amount of $5000 for each of the violations of section 214 of the Act and sections 63.61, 63.71, and 63.505 of the Commission's rules. 12. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. 503(b), section 1.80 of the Commission's rules, 47 C.F.R. 1.80, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Arbros Communications, Inc. IS HEREBY NOTIFIED of an Apparent Liability for Forfeiture in the amount of $50,000 for willful or repeated violations of section 214(a) of the Act30 and sections 63.61, 63.71, and 63.505 as described in the paragraphs above.31 13. IT IS FURTHER ORDERED, pursuant to section 1.80
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Qwest Corporation's Request for waiver of Rule 1.718 and for Extension of Time IS GRANTED. IT IS FURTHER ORDERED pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules,
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- factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Morgan willfully violated Section 17.21(a) of the Rules and find no basis for cancellation or reduction of the proposed $10,000 monetary forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 Morgan IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to light and adequately paint the captioned antenna structure, in willful violation of Section 17.21(a) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Boulder Ridge Cable TV d/b/a Starstream Communications IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Boulder Ridge Cable TV d/b/a Starstream Communications place a copy of this waiver in its system files. 8. IT IS FURTHER
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- must be served and filed prior to the initial status conference. See, e.g., 47 C.F.R. 1.726 (replies), 1.729 (discovery). Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 208, and 255 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 208, 255, section 1.3 of the Commission's rules, 47 C.F.R. 1.3, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Unopposed Motion of Defendants to Modify Procedural Schedule IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION Colleen K. Heitkamp Chief, Telecommunications Consumers Division Enforcement Bureau _________________________ 1 See O'Day v. Audiovox Communications Corporation and Verizon Wireless, Notice of Formal Complaint (Deputy Chief, Telecommunications Consumers Division), rel. Feb. 28, 2003. The Notice
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- Colorado Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'')3 in the amount of $21,000 to Ramh. Ramh has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, (``the Act''),4 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,5 Ramh Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $21,000 for willfully violating Sections 73.1125, 73.1350, and 73.1400 of the Rules and willfully and repeatedly violating Section 73.1560 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules6 within
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- at all times when the site was unoccupied, the agent has stated that there was no gate on the property fence at the time he conducted the inspection and a section of the property fence had been removed to facilitate the construction of the tower. 9. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,7 Wilson Broadcasting Co., Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 73.49 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of MCI WORLDCOM Network Services, Inc. Requesting Waiver of Section 1.718 of the Commission's Rules and Further Extension of Time In Which to Convert Its Informal Complaint to a Formal Complaint and Toll the Limitations Period IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i),
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- by promoting the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Motion to Withdraw the above-captioned complaint IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R.
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 SM Cable Holdings, L.L.C. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2003 for 12 cable television systems and IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for 168 cable television systems listed in Attachment A. 7. IT IS FURTHER ORDERED that SM Cable Holdings,
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- conclude that there are no substantial and material questions of fact as to whether SBC possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. 5. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j) and 503(b) of the Communications Act, 47 U.S.C. 154(i), 154(j) and 503(b), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree is ADOPTED. 6. SBC shall make its voluntary contribution to the United States Treasury by mailing a check or similar instrument, or by wire transfer, payable to the order of the Federal Communications Commission, Forfeiture Collection Section, Finance Branch, P.O. Box 73482, Chicago, Illinois 60673-7482.1
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Fifth Consent Motion of Complainant For Extension of Time In Which To Convert Informal Complaint To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of MCI WORLDCOM Network Services, Inc. Requesting Waiver of Section 1.718 of the Commission's Rules and Further Extension of Time In Which to Convert Its Informal Complaint to a Formal Complaint and Toll the Limitations Period IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i),
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- Office issued a Notice of Apparent Liability for Forfeiture (``NAL'')2 in the amount of $10,000 to Radio 810. Radio 810 has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, (``the Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Radio 810 IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Sections 73.1215(a), 73.1350(d)(2), and 73.1745(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules5 within 30 days of the release of this Order. If the
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- to its facilities at just and reasonable rates in accordance with the Pole Attachment Act and the Commission's rules.20 8. Finally, we deny Omnipoint's request for attorney's fees and costs. The Commission has stated that it does not have the authority to award attorney's fees or costs in pole attachment complaint proceedings.21 9. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 0.111 and 1.1401-1.1418, that the relief requested in the Complaint IS GRANTED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 1.1401-1.1418 of the Commission's Rules, 47 C.F.R. 0.111 and 1.1401-1.1418, that, to the extent that Omnipoint continues to seek access to PECO's facilities, Omnipoint and
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- statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Mr. Hyppolite willfully violated Section 301 of the Act, but we reduce the forfeiture for this violation from $10,000 to $2,000. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 Homere Hyppolite IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willful violation of Section 301 of the Act. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- conclude that East Tennessee willfully11 violated Section 17.57 of the Rules and that cancellation of the $3,000 forfeiture for this violation is not warranted. However, after considering East Tennessee's past history of compliance, we reduce the forfeiture amount from $3,000 to $2,400. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules,12 East Tennessee IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,400 for willfully violating Section 17.57 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days of the release of this Order. If the forfeiture is not
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- in conjunction with the Policy Statement as well. As a result of our review, we conclude that the Needhams willfully violated Section 17.50 of the Rules, and we find no basis to rescind or reduce the $10,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules,8 William L. Needham and Lucille Needham ARE LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 17.50 of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 ATC Cablevision Company IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. 7. IT IS FURTHER ORDERED that ATC Cablevision Company place a copy of this waiver in its systems files. 8. IT IS FURTHER ORDERED that a copy of this Order
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 CVC TV LLC IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the cable system in Chowchilla, California and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for the cable systems in Planada and Le Grand, California. 7. IT IS FURTHER ORDERED
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- forfeiture amount of $4,000 for a violation of Section 73.1216 of the rules.38 Based upon our review of all the pertinent factors as required by Section 503(b)(2)(D) of the Act, we believe that a $4,000 forfeiture is appropriate. V. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules,39 Isothermal Community College is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Four Thousand Dollars ($4,000) for willfully and repeatedly violating Section 73.1216 of the Commission's rules. 14. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days of the release of this
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- In February 2000, WTB again informed Western that if the situation was not resolved, it ``may be subject to enforcement action by the Commission.'' 19 Because the Commission has historically focused its environmental enforcement efforts on the kind of informal resolution attempted by WTB in this case, WTB and other licensing Bureaus have primary responsibility for environmental enforcement. 47 C.F.R. 0.111(a)(11) Note. The rules also provide for referral of such matters from the licensing bureaus to EB upon mutual agreement of the Bureaus. Id., 0.111(a)(14). We take this opportunity to state our strong support for an enforcement-oriented approach in the protection of the environment. We direct referrals to EB of violations by licensees or tower owners where appropriate and continued strong
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- SecretaryAttachment A Parts 0 and 11 of Title 47 of the Code of Federal Regulations are amended as follows: PART 0 - COMMISSION ORGANIZATION 1. Section 0.11 is amended by adding new paragraph (a)(11) to read as follows: Office of Managing Director 0.11 Functions of the Office. (11) Develop and maintain the Commission's Continuity of Operations Plan (COOP). 2. Sections 0.111(a)(21) and 0.111(c) are amended to read as follows: Enforcement Bureau 0.111 Functions of the Bureau. (a) Serve as the primary Commission entity responsible for enforcement of the Communications Act and other communications statutes, the Commission's rules, Commission orders and Commission authorizations, other than matters that are addressed in the context of a pending application for a license or other authorization
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- to ensure that the fences surrounding the area are shut and that the gates are locked. The statements must be filed either with their responses to this NAL, or separately if they do not respond (e.g., if they pay the proposed forfeitures). IV. Ordering Clauses 20. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80 of the Rules,29 AMFM Radio Licenses, L.L.C., licensee of station KBIG-FM IS hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 1.1310 of the Rules. 21. IT IS FURTHER ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, and
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- unreasonable practice under section 224 of the Act. Georgia Power is directed to provide reasonable billing back-up information in the future consistent with the findings in this Order. IV. ORDERING CLAUSES 63. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 224, and sections 0.111, 0.311, and 1.1410 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.1410, that the Complaint filed by Knology, Inc. on November 1, 2001, IS GRANTED IN PART, to the extent indicated herein, and otherwise IS DENIED. 64. IT IS FURTHER ORDERED that Georgia Power Company SHALL REFUND to Knology, Inc, within thirty (30) days of the release of this Order
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- we find that this is such a violation.15 B. Future Cases 7. We do not address Infinity's arguments regarding the constitutionality of revocation or imposition of separate forfeitures for multiple violations because we do not impose those sanctions in this case. IV. CONCLUSION AND ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. 503(b), and 47 C.F.R. 0.111, 0.311 and 1.80, Infinity Broadcasting Operations, Inc. FORFEIT to the United States the sum of twenty-seven thousand five-hundred dollars ($27,500) for willfully and repeatedly violating 18 U.S.C. 1464 and 47 C.F.R. 73.3999. 9. Payment of the forfeiture may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture Collection
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- factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that A-O willfully and repeatedly violated Sections 1.1310, 11.35, 73.1125, and 73.1400 of the Rules and that the appropriate forfeiture amount is $25,000. IV. Ordering Clauses 27. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,43 A-O IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for failing to comply with radio frequency radiation maximum permissible exposure limits applicable to transmitters on towers, failing to have EAS equipment installed and operating, failing to maintain a main studio and failing to have adequate transmission system control,
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- the initiation of a revocation proceeding. Moreover, other broadcasters are on notice that the Commission will not hesitate to adopt strong enforcement actions in the future, including the potential initiation of revocation proceedings. See, e.g., 47 U.S.C. 312(a). IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules,14 that Infinity Broadcasting Operations Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty-seven thousand five hundred dollars ($27,500) for willfully violating 18 U.S.C. 1464 and section 73.3999 of the Commission's rules. 15. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty
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- the forfeiture. We also instruct the Enforcement Bureau to do a follow-up investigation to determine whether Ms. Salazar has come into compliance and, if she has not, to take or recommend further enforcement action as appropriate, including the possibility of initiating a license revocation proceeding. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,6 Ms. Salazar IS LIABLE FOR A MONETARY FORFEITURE in the amount of $39,000 for willfully and repeatedly violating Sections 301 and 303(q) of the Act and Sections 73.1350(a) and 17.51 of the Rules and for willfully violating Sections 11.35(a), 73.1125(a), and 73.3526 of the Rules. 4. Payment of the forfeiture shall be made in
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- also specify whether instruction manuals which include the requisite Section 15.105(b) language is currently being included inside the packaging of the Talknet USB Headsets and whether the modified devices bear the required FCC labeling of Section 15.19 of the Rules. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules,17 Datel Design and Development, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 403 of the Act, Datel must
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Alsbrooks.2 Mr. Alsbrooks has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules),4 Billy Thomas Alsbrooks IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Upson.2 Mr. Upson has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules),4 William Davon Upson IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- it has entered into a Consent Decree with the Enforcement Bureau and the Office of Engineering and Technology which terminates the Enforcement Bureau's investigation into the Vector battery chargers and resolves all matters related to Vector's petition for reconsideration.6 In this Order, we grant Vector's motion and dismiss its petition for reconsideration. 3. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Rules,7 that Vector's motion to withdraw IS GRANTED and its October 23, 2003 petition for reconsideration IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Public Notice, Notice Regarding Non-Compliant Battery Chargers, DA 03-2923 (September 23, 2003). 2 47 U.S.C. 302a(b). 3 47 C.F.R. 2.803(a). 4 Vector Products, Inc. d/b/a Vector Manufacturing,
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- the Enforcement Bureau within 30 days of the release of this order outlining what measures it has taken or will take to correct the violations and ensure that they do not recur. Blountstown's report must be submitted in the form of an affidavit or declaration.4 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,6 Blountstown Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $25,000 for willfully violating Sections 11.35, 73.49 and 73.3526(c) of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- the Commission's Atlanta, Georgia Field Office (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $3,000 to Brown Broadcasting.3 Brown Broadcasting has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,4 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,5 Brown Broadcasting System, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully and repeatedly violating Section 17.4(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- of the parties and of this Commission until such time as may actually be necessary. 3. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 4. IT IS FURTHER ORDERED that the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date thatComplainants must convert t heir informal complaint against Telstar
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- offenses, ability to pay, and such other matters as justice may require.''15 Based upon the facts and circumstances presented here, we find the base amount of Four Thousand Dollars ($4,000.00) to be the appropriate proposed forfeiture amount.16 IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,17 and Sections 0.111, 0.311 and 1.80 of the Commission's rules,18 WXDJ Licensing, Inc., licensee of WXDJ(FM), North Miami Beach, Florida, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of Four Thousand Dollars ($4,000.00) for willfully violating Section 73.1206 of the Commission's rules on October 3, 2002.19 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
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- THOMAS SCAGGS ) EB Docket No. 03-241 ) File No. EB-02-IH-0886 Advanced Class Amateur Radio ) Operator and Licensee of ) Amateur Radio Station W5EBC ORDER OF REVOCATION Adopted: April 22, 2004 Released: April 23, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. By this Order of Revocation, acting pursuant to authority delegated to the Enforcement Bureau under section 0.111(a)(16) of the Commission's rules,1 we revoke the above- captioned Amateur license held by Roger Thomas Scaggs. We conclude, based on the evidence of his conviction for murder, that Mr. Scaggs lacks the basic requisite character qualifications to be and remain a Commission licensee. II. BACKGROUND 2. On November 21, 2003, the Commission, by the Chief, Enforcement Bureau, designated this case
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Green.2 Mr. Green has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules),4 Jason T. Green IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Feldman.2 Mr. Feldman has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules),4 Gary M. Feldman IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- our review, we conclude that Johannus repeatedly violated Section 302(b) of the Act and Section 2.803(a) of the Rules. Due to Johannus's history of overall compliance, we find that a reduction of the forfeiture to the amount indicated above is in order. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,21 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,22 Johannus Orgelbouw, b.v. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand, six hundred dollars ($5,600) for repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules23 within 30
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- matter, we conclude that there are no substantial or material questions of fact as to whether WebLink and Metrocall each possess the basic qualifications to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended,2 and the authority delegated by sections 0.111 and 0.311 of the Commission's Rules,3 the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the referenced investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that copies of this Order shall be sent by first class mail and certified mail, return receipt requested, to WebLink Wireless I, L.P., 3333 Lee Parkway, 12th Floor, Dallas, Texas 75219, with
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- Consumer and Governmental Affairs Bureau Federal Communication Commission 445 12th Street, S.W. Washington, D.C. 20554 5. This order is issued pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 C.F.R. 1.718. 2 See Judware v. Verizon, Order, DA 04-577, 2004 WL 369089 (F.C.C.) (February 27, 2004); Judware v. Verizon, Order, DA 03-4110, 2003 WL 23095472 (F.C.C.) (December 31, 2003); Letter from Warren
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- the required tower registration paperwork to the Commission, we have no evidence of any attempts by B&H to register the tower until three months after B&H was notified of the violation by the Dallas office, nor has B&H provided any such evidence.12 IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 B&H Broadcasting Systems, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for its willful and repeated failure to register its antenna structure registration number 1236577 in violation of Section 17.4(a) of the Rules. 9.Payment of the forfeiture shall be made in the manner provided for in Section
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- factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Meade willfully violated Section 17.4(a)(2) of the Rules and find that neither cancellation nor reduction of the proposed monetary forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Meade IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for failure to register its antenna structure, in willful violation of Section 17.4(a)(2) of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- in the form of an affidavit signed by an officer or director of the licensee. If Citywide fails to submit such a report or we find that Citywide is still operating from an unauthorized location, we will consider further appropriate enforcement action. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,12 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 All American Citywide Rainbow Transit, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for willfully and repeatedly violating Section 90.403(a)(2) of the Rules. 13. IT IS ALSO ORDERED that, pursuant Section 308(b) of the Act, Citywide must submit the report described in Paragraph 11, above, within 30 days from the
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- of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree, we find that the public interest would be served by approving the Consent Decree and terminating the investigation. 4. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act, 47 U.S.C. 154(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree IS ADOPTED. 5. AIN shall make its voluntary contribution to the United States Treasury by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Federal Communications Commission, Forfeiture Collection Section, Finance Branch, P.O. Box 73482, Chicago, Illinois
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- reflects the petitioner's current financial status'').17 Petracom offered to, but did not, provide any financial documentation in support of its requested adjustment or cancellation of the forfeiture,18 and thus we have no basis upon which to assess its inability to pay claim.19 IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,20 Petracom of Texarkana, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand four hundred dollars ($5,400) for its failure to comply with the EAS requirements, in willful and repeated violation of Section 11.35(a) of the Rules.21 For collection, the Commission will file a proof of claim at the appropriate time
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- policy that such an effort implemented after Commission notice of or action on a violation, while commendable, does not lessen, mitigate or excuse a past violation and thus does not present a factor that warrants cancellation or reduction of the assessed forfeiture.19 IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,20 Clear Channel Broadcasting Licenses, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for its failure to comply with the antenna structure painting requirements, in willful and repeated violation of Section 73.50 of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for
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- result of our review, we conclude that New Eastern willfully and repeatedly violated Section 90.403(a)(2) of the Rules and we find that, although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount is appropriate as indicated above. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,9 New Eastern Car & Limo Service IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for its violation of Section 90.403(a)(2) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- the form of an affidavit signed by an officer or director of the licensee. If Crews fails to submit such a report or we find that Crews has not come into compliance with Section 17.51(b), we will consider further appropriate enforcement action. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Crews IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for failure to light the captioned antenna structure, in willful violation of Section 17.51(b) of the Rules. 11. IT IS ALSO ORDERED that, pursuant Section 308(b) of the Act, Crews must submit the report described in Paragraph 9, above,
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- FM without a license. He knew he had not received one. He chose to operate without a license. We reject his argument that he was simply testing the equipment. Accordingly, based on the above cited circumstances, we reject his request for mitigation. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,9 Mr. Gabriel Dorcely IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- transmitter site. 2. On October 30, 2003, the Enforcement Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Pacifica.2 Pacifica has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Pacifica Broadcasting Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 301 of the Act and Section 73.1690 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- report must be submitted in the form of an affidavit or declaration, under penalty of perjury, signed by an officer or director of the licensee. MRJ should note that its continued noncompliance could result in additional enforcement action by the Enforcement Bureau. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act15, and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules16, the forfeiture in the amount of twenty-two thousand dollars ($22,000) proposed in the December 26, 2002 NAL issued to MRJ, IS CANCELLED. 14. IT IS FURTHER ORDERED THAT MRJ IS ADMONISHED for failure to conduct weekly EAS tests of the EAS header and EOM codes, failure to register its antenna structure with the
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- discussed above, including the fact that the record contains evidence only of limited routing failures in one state, we find that CenturyTel is apparently liable in the amount of one hundred thousand dollars ($100,000). IV. ORDERING CLAUSES 23. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. 503(b), and sections 0.111, 0.311, and 1.80 of the Commission's rules, 47 C.F.R. 0.111, 0.311, and 1.80, CenturyTel, Inc., CenturyTel of Washington, Inc., CenturyTel of Cowiche, Inc., and CenturyTel of Inter Island, Inc. are hereby NOTIFIED of their APPARENT LIABILITY FOR FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully and repeatedly violating Commission orders and section 52.26(a) of the Commission's
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- in conjunction with the Forfeiture Policy Statement as well. As a result of our review, we conclude that Metropolitan willfully violated Sections 73.1125(a) and 73.3526(b) of the Rules and that neither cancellation nor reduction of the proposed $12,000 monetary forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,8 Metropolitan Radio, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars (12,000) for willfully violating Sections 73.1125(a) and 73.3526(b) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- for further litigation and the expenditure of further time and resources of the parties and this Commission. 6. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 208, sections 1.720-1.729 of the Commission's rules, 47 C.F.R. 1.720-1.729, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Joint Motion IS GRANTED, that the Complaint, the Supplemental Complaint and the Petition ARE DISMISSED WITH PREJUDICE, and this proceeding is hereby terminated. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 11 Formal Complaint, File No. EB-01-MD-007 (filed Mar. 21,
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- of the temporary waiver of Section 11.11(a) of the Rules for the captioned cable system is warranted.11 The information provided by Gilmer shows that a minimal extension is justified, but does not support a finding of financial hardship of a magnitude that would warrant a 12-month extension of the temporary waiver.12 8. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b), 0.311 of the Rules,13 that Gilmer Cable Television Company's request for a waiver of section 11.11(a) of the Rules is GRANTED, consistent with the discussion and conclusions in this Order. 9. IT IS FURTHER ORDERED that Gilmer Cable Television Company place a copy of this waiver in its system file. 10. IT IS FURTHER ORDERED that a copy of
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- Call Interactive and give it to Staton, than to leave things as they currently stand. Accordingly, we deny the equitable relief that Staton requests. IV. ORDERING CLAUSES 30. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j), 201(b) and 208 of the Communications Act of 1934 as amended, 47 U.S.C. 154(i), 154(j), 201(b), 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the above- captioned Complaint of Staton Holdings, Inc., against Sprint Communications Company, L.P. is DENIED, and that the Complaint of Staton Holdings, Inc. against MCI WorldCom Communications, Inc. is granted to the extent set forth herein. 31. IT IS FURTHER ORDERED, pursuant to Sections 1, 4(i) and 209 of
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- to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the forfeiture proceeding. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j) and 503(b) of the Communications Act of 1934, as amended,3 and Sections 0.111 and 0.311 of the Rules,4 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's forfeiture proceeding against Schumacher IS TERMINATED. 7. IT IS FURTHER ORDERED that Schumacher Electric Corporation shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar
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- As a result of our review, we conclude that Wings willfully violated Section 17.51(a) of the Rules. Moreover, we are not persuaded by Wings' mitigation claims. Accordingly, we find that there is no basis to cancel or reduce the assessed forfeiture amount. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,16 Wings IS LIABLE FOR A MONETARY FORFEITURE in the amount of a total of ten thousand dollars ($10,000), for failure to light the captioned antenna structure, in willful violation of Section 17.51(a) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- of an affidavit signed by an officer or director of the licensee. If Pilgrim fails to submit such a report or we find that Pilgrim has not come into compliance with our main studio rule, we will consider further appropriate enforcement action. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Pilgrim Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand dollars ($11,000) for willfully and repeatedly violating Section 73.1125(a) of the Rules and willfully violating Sections 73.1560(a) and 73.1745(a) of the Rules. 16. IT IS ALSO ORDERED that, pursuant Section 308(b) of the Act, Pilgrim must submit the report
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- the Policy Statement as well. As a result of our review, we conclude that Pilgrim willfully and repeatedly violated Sections 11.35, 73.1125(a), 73.1560(a) and 73.1745(a) of the Rules and that neither cancellation nor reduction of the proposed $19,000 monetary forfeiture is warranted. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Pilgrim Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of nineteen thousand dollars ($19,000) for willful and repeated violation of Sections 11.35, 73.1125(a), 73.1560(a) and 73.1745(a) of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- the chief operator. Melodynamic's report must be submitted in the form of an affidavit or declaration, under penalty of perjury, signed by an officer or director of the licensee. Melodynamic should note that its continued noncompliance could result in additional enforcement action. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act13, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules14, Melodynamic Broadcasting Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand dollars ($11,000) for its willful and repeated violation of Sections 1.89(b), 11.15, 73.51(d), 73.51(e)(2), 73.1225(d)(1), 73.1350(c)(1), 73.1560(a)(1), 73.1745 and 73.1870(b)(3) of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Louis.2 Mr. Louis has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules),4 Mr. Rony Richard Louis IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- Commission's New York, New York Field Office (``New York Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to L.A.C.A.2 L.A.C.A. has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules),4 L.A.C.A., State of New York, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- license for WSTN(AM) and is no longer a Commission licensee.12 Therefore, we conclude that cancellation of the forfeiture is warranted. 13 Nevertheless, we find that it is appropriate to admonish Fayette County Broadcasting for its willful and repeated violation of Section 11.35(a).14 IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,15 and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,16 the forfeiture in the amount of eight thousand dollars ($8,000) proposed in the November 5, 2002 NAL issued to Fayette County Broadcasting, IS CANCELLED. 9. IT IS FURTHER ORDERED THAT Fayette County Broadcasting IS ADMONISHED for failure to install operational EAS equipment at Station WSTN(AM) in willful and repeated violation of Section 11.35(a)
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- that accurately reflects the petitioner's current financial status'').16 MPHD's submission of a single bank statement did not suffice and thus did not present any basis that would warrant reduction or cancellation of the assessed forfeiture for each of its violations. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Sections 503(a) and (b) of the Act,17 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,18 Minority Business and Housing Development, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen dollars ($13,000) for its failure to comply with the terms and conditions of its authorization and its failure to comply with the EAS requirements, in willful and repeated violation19 of Sections 73.1350(a) and 11.35(a) of the Rules.20
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- the Commission's Philadelphia, Pennsylvania Field Office (``Philadelphia Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Best Wok.2 Best Wok has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Best Wok IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not
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- our review, we conclude that Mr. Massett willfully violated Section 301 of the Act and we find that, while there is no basis for cancellation of the proposed monetary forfeiture, a reduction to $1,000 is warranted on the basis of financial hardship. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,17 Mr. Massett IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully violating Section 301 of the Act. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- designed to reach those likely to qualify for the service or support. We find Pend Oreille apparently liable for $25,000. We also admonish the company for failing to respond in a timely and thorough manner to a Commission directive. 15. Accordingly, IT IS ORDERED, pursuant to 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. 503(b), and sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.80 that Pend Oreille Telephone Company IS HEREBY NOTIFIED of an Apparent Liability for Forfeiture in the amount of $25,000 for willful and repeated violations of Section 214(e)(1)(B) of the Act, 47 U.S.C. 214(e)(1)(B) and sections 54.405(b) and 54.411(d) of the Commission's rules 47 C.F.R 54.405(b), 54.411(d) as
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- no substantial and material questions of fact as to whether Qwest possesses the basic qualifications, including its character qualifications, to hold or obtain any Federal Communication Commission licenses or authorizations. 5. Accordingly, IT IS ORDERED, pursuant to sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 154(j), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above captioned investigation is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) File No. EB-03-IH-0531 ) Qwest Communications ) Acct. No.
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- these numerous claims, particularly in light of the Court's recent opinion, we are satisfied that our action today serves the public interest. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 154(i), 154(j), 208, section 1.3 of the Commission's rules, 47 C.F.R. 1.3, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that section 1.718(a) of the Commission's rules, 47 C.F.R. 1.718(a), IS HEREBY WAIVED, with regard to the IPP EUCL informal complaints described herein and the deadline for the conversion and filing of these informal complaints into formal complaints is hereby extended to October 28, 2004. This waiver is effective
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- factors listed above, we find that reduction of the proposed forfeiture is warranted because of the compliance record of BLCI with the Commission's Rules. Accordingly, the forfeiture amount is reduced from four thousand dollars ($4,000) to three thousand two hundred dollars ($3,200). IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act14, and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules15, Broadcast Learning Center's Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand, two hundred dollars ($3,200) for its willful and repeated violation of Section 74.532(c) of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules16 within
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- such matters as justice may require. After considering the record, the factors contained in section 503(b)(2)(D) of the Act, 47 U.S.C. 503(b)(2)(D), and the Forfeiture Policy Statement, we believe that a $4,000 forfeiture is appropriate in this case. V. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended,27 and sections 0.111, 0.311, and 1.80 of the Commission's rules,28 that New Northwest Broadcasters, L.L.C. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Four Thousand Dollars ($4,000) for willfully violating section 73.1216 of the Commission's rules. 10. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty (30) days of the release of
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that AT&T Corp. and
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- of material new evidence relating to this matter, we conclude that there are no substantial or material questions of fact as to whether Middle Georgia possesses the basic qualifications to be or remain a Commission licensee. 3. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended,2 and the authority delegated by Sections 0.111 and 0.311 of the Commission's Rules,3 the attached Consent Decree IS ADOPTED. 4. IT IS FURTHER ORDERED that the referenced investigation IS TERMINATED. 5. IT IS FURTHER ORDERED that copies of this Order shall be sent by regular first class mail and certified mail - return receipt requested, to Middle Georgia Communications, Inc., P.O. Box 832, Milledgeville, Georgia 31059-0832, and
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- pursuant to the statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Americom willfully and repeatedly violated Section 1.1310 of the Rules and that the appropriate forfeiture amount is $10,000. IV. Ordering Clauses 17. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Americom IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failing to comply with radio frequency radiation maximum permissible exposure limits applicable to transmitters on towers, in willful and repeated violation of Section 1.1310 of the Rules. 18. Payment of the forfeiture shall be made in the manner
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- a result of our review, we conclude that Greenwood willfully violated Sections 73.49 and 73.3526(a)(2) of the Rules and find that given Greenwood's past history of overall compliance, we conclude that a reduction of the forfeiture amount ($17,000) to $13,600 is appropriate. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,21 Greenwood Acres Baptist Church IS LIABLE FOR A MONETARY FORFEITURE in the amount of $13,600 for willfully violating Sections 73.49 and 73.3526(a)(2) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- note that Ad-Venture's remedial efforts were undertaken after the Field Office's investigation and release of the NOV. Therefore, we conclude that, while commendable, Ad- Venture's subsequent remedial actions are not mitigating circumstances that would warrant a further reduction of the forfeiture amount.11 IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Ad-Venture Media, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000.00) for its failure to failure to comply with the antenna structure painting requirements, in willful and repeated violation of Section 17.50 of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for
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- and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that PCI willfully and repeatedly violated Section 17.51(a) of the Rules and find no basis for cancellation or reduction of the forfeiture proposed for this violation.16 IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,17 Professional Communications Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 17.51(a) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 208, sections 1.720-1.729 of the Commission's rules, 47 C.F.R. 1.720- 1.729, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Stipulation of Dismissal With Prejudice is GRANTED, and that the Complaint is DISMISSED with prejudice. 4. IT IS FURTHER ORDERED that the above-captioned proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Stipulation of Dismissal With Prejudice, File
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- are the best indicator of its ability to pay a forfeiture.11 After reviewing the financial data submitted, we find no evidence in Floyd County Broadcasting's response that would support cancellation of the forfeiture or a reduction based upon inability to pay. 12 IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act13, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules14, Floyd County Broadcasting, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for its willful and repeated violation of Section 11.35(a) of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules15 within 30 days of
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- submit a report to the Enforcement Bureau within 30 days of the release of this Order confirming that it has repaired the lighting outage. Vector's report must be submitted in the form of an affidavit or declaration signed by an officer or director of Vector.4 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,6 Vector Communications, Inc. d/b/a WCFI, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 17.51(a) of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- Field Office (``Norfolk Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to WBLB.2 WBLB has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 WBLB, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for repeatedly violating Section 11.35(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not
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- Commission's New York, New York Field Office (``New York Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Parkway.2 Parkway has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules),4 Parkway Luxury Ride, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- prior good behavior of Fun Media Group, we agree that the forfeiture amount should be reduced. Accordingly, we reduce the $10,000 forfeiture proposed by the Notice of Violation to $8,000 on the basis of a history of overall compliance with Commission Rules. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 Fun Media Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for failure to clean and repaint its antenna structure to maintain good visibility, in willful violation of Section 17.50 of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in
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- competitive harm.13 Specifically, we find that IKUSI has demonstrated that disclosure of the number of devices shipped by IKUSI for sale in the United States, as set forth in its response to question (1), could result in substantial competitive harm. Accordingly, we will accord confidential treatment to this information. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311, 0.459(c) and 0.459(d)(2) of the Rules,14 that the Confidentiality Request filed on April 26, 2004 by IKUSI-Angel Iglesias, S.A. IS GRANTED to the limited extent indicated herein and IS otherwise DENIED. 7. IT IS FURTHER ORDERED, pursuant to Section 0.459(g) of the Rules, that IKUSI-Angel Iglesias, S.A. may file an application for review of this denial with the Commission
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- conclude that a reduction of the forfeiture amount is warranted. We will reduce the ten thousand dollar ($10,000) monetary forfeiture to six thousand six hundred dollars ($6,600) because the children's programming records were in fact with the public inspection files, albeit misfiled. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,22 Time Warner Entertainment - Advance/Newhouse Subsidiary, LLC d/b/a Time Warner Cable IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand six hundred dollars ($6,600) for willful and repeated violation of Section 76.1700(a) of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80
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- the base damages amounts set forth in section III.D, supra.68 IV. ORDERING CLAUSES 23. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and 276, sections 1.720-1.736 and 64.1300-64.1320 of the Commission's rules, 47 C.F.R. 1.720-1.736, 64.1300-64.1320, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Complainants' Supplemental Complaint for Damages IS GRANTED to the extent indicated herein as to Complainants APCC Services, Inc., Data Net Systems, LLC, and Intera Communications Corp. 24. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 276 of the Communications Act of 1934, as amended,
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- bankruptcy filings and financial statements, we agree with Renaissance Radio and are canceling the proposed forfeiture. Nevertheless, we find that it is appropriate to admonish Renaissance Radio18 for its willful and repeated violation of Sections 11.35(a), 17.51(a), and 73.49 of the Rules. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,19 the forfeiture in the amount of twenty-five thousand dollars ($25,000) proposed in the April 21, 2003 Notice of Apparent Liability issued to Renaissance Radio, Inc. IS CANCELLED. 11. IT IS FURTHER ORDERED that Renaissance Radio, Inc. IS ADMONISHED for failure to maintain operational Emergency Alert System equipment, failure to exhibit all red obstruction lighting
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- station. Clay's report must be submitted in the form of a sworn declaration. If Clay fails to submit such a report indicating that he has ceased operation, we will consider further appropriate enforcement action, including potential revocation of his amateur radio license. III. ORDERING CLAUSES 4. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act4 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,5 Mark A. Clay IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully and repeatedly violating Section 301 of the Act. 5. IS ALSO ORDERED that, pursuant Section 308(b) of the Act, Mr. Clay must submit the report described in Paragraph 3, above, within 30 days from
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- We have reviewed the Consent Decree and evaluated the circumstances underlying the Bureau's investigation. We believe that the public interest would be served by adopting the Consent Decree and terminating the investigatory proceeding, except as provided in the Consent Decree. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to sections 4(i) of the Communications Act of 1934, as amended,1 and sections 0.111 and 0.311 of the Commission's rules,2 the Consent Decree attached hereto IS ADOPTED. 4. IT IS FURTHER ORDERED, that a copy of this Order and Consent Decree shall be sent by certified mail, return receipt requested to Levi E. Willis, Sr., President of the captioned licensees, 645 Church Street, Suite 400, Norfolk, VA 23510, with copies to the licensees' counsel,
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- EB Docket No. 04-28 ) EB-02-TS-588 Grantee of Equipment ) FRN # 0005-8369-60 Authorization for ) General Mobile Radio Service ) Radios, FCC ID# OAJFR1-GPS ORDER OF REVOCATION Adopted: June 14, 2004 Released: June 16, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. By this Order of Revocation, acting pursuant to authority delegated to the Enforcement Bureau under section 0.111(a)(17) of the Commission's rules,1 we revoke the above- captioned equipment authorization held by J Communications Co., Ltd. (``J Communications'') for its General Mobile Radio Service (``GMRS'') radios. We conclude, based on the evidence described herein, that the GMRS radios manufactured by J Communications under FCC ID# OAJFR1-GPS have the capability to transmit data, specifically Global Positioning System (``GPS'') location information,
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- basis for further reduction.11 IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Sections 405, 503(b)(2)(d) and 504(b) of the Communications Act of 1934, as amended, and Sections 1.80(i) and 1.106 of the Rules, the Needham's petition for reconsideration IS GRANTED. 7. IT IS FURTHER ORDERED that, pursuant to Sections 503(a) and (b) of the Act,12 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 Pamal Broadcasting, Ltd., IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand four hundred dollars ($2,400) for its failure to comply with the notification requirement of the ASR rules, in willful and repeated violation14 of Sections 17.57 of the Rules.15 8. Payment of the forfeiture shall be made in the manner
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- As a result of our review, we conclude that NYRS willfully and repeatedly violated Section 1.903(a) of the Rules and we find that, although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $3,200 is appropriate. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,15 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,16 New York Radio Service IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for willfully and repeatedly violating Section 1.903(a) of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- any privilege or confidentiality that may have once attached to them. IV. ORDERING CLAUSES 20. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 0.457 and 0.459 of the Commission's rules, 47 C.F.R. 0.457 and 0.459, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that AT&T's requests for confidential treatment of the Subject Documents and for an order requiring AudioText to return to AT&T all copies of the Subject Documents, and precluding AudioText from introducing, referencing, and/or relying upon the document in this proceeding, are DENIED. 21. IT IS FURTHER ORDERED, pursuant to section
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the request for extension of time to file complainants' formal complaint IS GRANTED. 5. IT IS FURTHER ORDERED that the deadlines that otherwise would apply under section 1.718 of the Commission's rules, 47 C.F.R. 1.718, are hereby waived, and the date that the Complainants must convert their informal complaint
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- because of Forrester's general history of compliance with the Commission's Rules and its good faith efforts to cure the violation prior to Commission involvement. Accordingly, the forfeiture amount is reduced from seven thousand dollars ($7,000) to four thousand four hundred dollars ($4,400). IV. ORDERING CLAUSES 4. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act9, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules10, Forrester ET AL , IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand four hundred eighty dollars ($4,400) for its willful violation of Section 73.49 of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules11 within 30
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- factors listed above, we find that reduction of the proposed forfeiture is warranted because of the compliance record of STC with the Commission's Rules. Accordingly, the forfeiture amount is reduced from eight thousand dollars ($8,000) to six thousand four hundred dollars ($6,400). IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act18, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules19, Small Town Communications Partners I LP, IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand four hundred dollars ($6,400) for its willful violation of Sections 76.605(a)(12) and 76.611(a)(1) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's
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- based on bankruptcy filings.16 However, because it appears that M.J. Phillips has not relinquished control over the station, its bankruptcy filing, alone, does not preclude the imposition of forfeitures,17 and does not warrant reduction or cancellation of the proposed forfeiture.18 IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Sections 503(a) and (b) of the Act,19 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,20 M.J. Phillips Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for its willful and repeated violations21 of Sections 73.1560(a)(1), 73.11.35(a), 11.52(d) and 17.4(a) of the Rules. For collection, the Commission will file a proof of claim at the appropriate time in M.J. Phillip's bankruptcy action.22 9.
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- by Pinpoint, we conclude that temporary waivers of section 11.11(a) of the rules for the above- captioned cable television systems, is warranted. In particular, we find that the estimated $59,500 cost to purchase and install EAS equipment at these recently acquired cable television systems could impose a financial hardship on Pinpoint. 5. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0.204(b) and 0.311 of the rules,11 Pinpoint Communications, Inc.'s request for temporary waivers of section 11.11(a) of the rules is GRANTED until October 1, 2005, for the seven captioned cable television systems.12 6. IT IS FURTHER ORDERED that Pinpoint Communications, Inc. place a copy of this waiver in its system files. 7. IT IS FURTHER ORDER that a copy of
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- temporary waivers of section 11.11(a) of the Rules for the 35 cable systems listed in Attachment A, is warranted. In particular, we find that the estimated cost of $350,000 to purchase and install EAS equipment at these recently acquired cable television systems could impose a financial hardship on LB Cable Georgia. 5. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0204(b) and 0.311 of the rules,10 LB Cable Georgia LLC's request for temporary waivers of section 11.11(a) of the rules is GRANTED until October 1, 2005, for its 35 cable television systems listed in Attachment A.11 6. IT IS FURTHER ORDERED that LB Cable Georgia LLC place a copy of this waiver in its system files. 7. IT IS FURTHER
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- that temporary waivers of section 11.11(a) of the Rules for the cable television systems in Ryegate, Hysham, and Harlowton, Montana are warranted. In particular, we find that the estimated $27,000 cost to purchase and install EAS equipment at these recently acquired cable television systems could impose a financial hardship on Mid-Rivers. 5. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0204(b) and 0.311 of the rules,11 Cable & Communications Corporation, d/b/a Mid-Rivers Cable Television's request for temporary waivers of section 11.11(a) of the rules is GRANTED until October 1, 2005, for its cable television systems in Ryegate, Hysham and Harlowton, Montana.12 6. IT IS FURTHER ORDERED that Cable & Communications Corporation, d/b/a Mid-Rivers Cable Television place a copy of this
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- AM towers. Metro Radio's report must be submitted in the form of an affidavit or declaration, under penalty of perjury, signed by an officer or director of the licensee. Metro Radio should note that continued noncompliance could result in additional enforcement actions. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,16 Metropolitan Radio Group of Florida, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 73.49 of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- Cable & Wireless' bankruptcy proceedings, rather than filing an entirely new formal complaint.12 6. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3, 1.716-18, and 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.3, 1.716-18, 1.720-36, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Qwest's and U.S. South's Joint Request for Dismissal With Prejudice as to U.S. South IS GRANTED. 7. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3, 1.716-18, and 1.720-1.736 of
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- will provide the Illinois SECC with sufficient time to come into compliance with section 11.61(a)(1)(v) of the rules. Accordingly, all Illinois radio and television stations and subject cable systems may continue to adhere to the daytime schedule for the RMTs as stated in the Illinois State EAS plan until June 30, 2004. 5. Accordingly, IT IS ORDERED, pursuant to sections 0.111, 0.204(b) and 0.311 of the Commission's rules,4 that the Illinois State Emergency Communications Committee's request for waiver of section 11.61(a)(1)(v) of the Rules is GRANTED in part, consistent with the discussion and conclusions in this Order. 6. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail Return Receipt Requested to Warren Shultz, Chairman,
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- licensees for the complained-of broadcasts.22 Viewing these circumstances in light of the Commission's clear directive (quoted above) regarding treatment of broadcast speech that allegedly advocates or incites violence, we conclude that no substantial question exists about the licensees' qualifications and that initiation of a revocation proceeding is not warranted. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED, pursuant to section 0.111(a)(11) and 0.311 of the Commission's rules,23 that the above-described complaints filed against the licensees of Stations WDCG(FM), WMJI(FM), and KLOL(FM) are hereby DENIED. 12. IT IS FURTHER ORDERED, that a copy of this Memorandum Opinion and Order be sent by first class mail to each of the complainants for which the Commission has a return address and to Richard W.
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- Consumer and Governmental Affairs Bureau Federal Communication Commission 445 12th Street, S.W. Washington, D.C. 20554 5. This order is issued pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 C.F.R. 1.718. 2 See Judware v. Verizon, Order, DA 04-1099, 2004 WL 877367 (F.C.C.) (April 26, 2004); Judware v. Verizon, Order, DA 04-577, 2004 WL 369089 (F.C.C.) (February 27, 2004); Judware v. Verizon,
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the request for extension of time to file complainants' formal complaint IS GRANTED. 5. IT IS FURTHER ORDERED that the deadlines that otherwise would apply under section 1.718 of the Commission's rules, 47 C.F.R. 1.718, are hereby waived, and the date that the Complainants must convert their informal complaint
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- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Pilgrim Communications, Inc. willfully and repeatedly violated Section 73.49 of the Rules and find that cancellation of the proposed monetary forfeiture is not warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and sections 0.111, 0.311 and 1.80(f) of the Rules,11 Pilgrim Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 73.49 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- and the factors listed above, we find that reduction of the proposed forfeiture is warranted because of Meeker's compliance record with the Commission's Rules. Accordingly, the forfeiture amount is reduced from eight thousand dollars ($8,000) to six thousand four hundred dollars ($6,400). IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Charles R. Meeker, IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand four hundred dollars ($6,400) for willfully and repeatedly violating Section 11.35 of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- and the factors listed above, we find that reduction of the proposed forfeiture is warranted because of Simmons' compliance record with the Commission's Rules. Accordingly, the forfeiture amount is reduced from four thousand dollars ($4,000) to three thousand two hundred dollars ($3,200). IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 Simmons-SLC, LS, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand two hundred dollars ($3,200) for willfully and repeatedly violating Section 74.1232(d)of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- in conjunction with the Policy Statement as well. As a result of our review, we conclude that Mr. DeNaples willfully violated Section 1.903(a) of the Commissions Rules,10 and we find no basis for rescinding or reducing the $4,000 forfeiture for this violation. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 Dominic DeNaples IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for violating Section 1.903(a) of the Commission's Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- that temporary waivers of section 11.11(a) of the Rules for the 20 cable systems listed in Attachment A, are warranted. In particular, we find that the estimated cost of $200,000 to purchase and install EAS equipment at these recently acquired cable television systems could impose a financial hardship on LB Cable. 5. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0204(b) and 0.311 of the rules,10 LB Cable LLC's request for temporary waivers of section 11.11(a) of the rules is GRANTED until October 1, 2005, for its 20 cable television systems listed in Attachment A.11 6. IT IS FURTHER ORDERED that LB Cable LLC place a copy of this waiver in its system files. 7. IT IS FURTHER ORDERED that
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- Wyoming, we conclude that temporary waivers of section 11.11(a) of the Rules for the above-captioned cable systems, are warranted. In particular, we find that the estimated cost of $60,000 to purchase and install EAS equipment at these recently acquired cable television systems could impose a financial hardship on LB Cable Wyoming. 5. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0204(b) and 0.311 of the rules,10 LB Cable Wyoming LLC's request for temporary waivers of section 11.11(a) of the rules are GRANTED until October 1, 2005, for the six above-captioned cable television systems in Wyoming.11 6. IT IS FURTHER ORDERED that LB Cable Wyoming LLC place a copy of this waiver in its system files. 7. IT IS FURTHER ORDERED
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- conclude that temporary waivers of section 11.11(a) of the Rules for the ten above- captioned cable systems, are warranted. In particular, we find that the estimated cost of $100,000 to purchase and install EAS equipment at these recently acquired cable television systems could impose a financial hardship on LB South Carolina. 5. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0204(b) and 0.311 of the rules,10 LB Cable South Carolina LLC's request for temporary waivers of section 11.11(a) of the rules is GRANTED until October 1, 2005, for its ten above- captioned cable television systems in South Carolina.11 6. IT IS FURTHER ORDERED that LB Cable South Carolina LLC place a copy of this waiver in its system files. 7.
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- we conclude that temporary waivers of section 11.11(a) of the Rules for the seven above-captioned cable systems, are warranted. In particular, we find that the estimated cost of $70,000 to purchase and install EAS equipment at these recently acquired cable television systems could impose a financial hardship on LB Cable Florida. 5. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0204(b) and 0.311 of the rules,10 LB Cable Florida LLC's request for temporary waivers of section 11.11(a) of the rules is GRANTED until October 1, 2005, for its seven above-captioned cable television systems in Florida.11 6. IT IS FURTHER ORDERED that LB Cable Florida LLC place a copy of this waiver in its system files. 7. IT IS FURTHER ORDERED
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- we conclude that temporary waivers of section 11.11(a) of the Rules for the thirteen above-captioned cable systems, are warranted. In particular, we find that the estimated cost of $130,000 to purchase and install EAS equipment at these recently acquired cable television systems could impose a financial hardship on LB Cable Montana. 5. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0204(b) and 0.311 of the rules,10 LB Cable Montana LLC's request for temporary waivers of section 11.11(a) of the rules is GRANTED until October 1, 2005, for its thirteen above-captioned cable television systems in Montana.11 6. IT IS FURTHER ORDERED that LB Cable Montana LLC place a copy of this waiver in its system files. 7. IT IS FURTHER ORDERED
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- PCI willfully violated Section 73.49 of the Rules11 and find that, although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $1,000 is appropriate based on PCI's good faith efforts to comply and its financial situation. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Power Country, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully violating Section 73.49 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- Los Angeles, California Field Office (``Los Angeles Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $20,000 to Mr. Mayo.2 Mr. Mayo has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''),4 Stanley Mark Mayo IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- Los Angeles, California Field Office (``Los Angeles Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $11,000 to Mr. Granda.2 Mr. Granda has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Daniel Granda IS LIABLE FOR A MONETARY FORFEITURE in the amount of $11,000 for willfully and repeatedly violating Sections 308(b) and 333 of the Act and Sections 97.101(b) and 97.101(d) of the Rules . 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- Office (``Los Angeles Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $2,000 to Sunbelt.2 Sunbelt has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Sunbelt Television, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for repeatedly violating Section 11.35(a) and 11.61(a)(1) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- questions of fact with respect to this matter as to whether CenturyTel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 503(b), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above captioned investigation is TERMINATED and the Notice of Apparent Liability in this proceeding3 is RESCINDED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, DC 20554 In the Matter
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- the need for further litigation and expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-36, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Madison River's and BellSouth's joint motion for dismissal with prejudice IS GRANTED. 5. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-36, and
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- has been brought against Greater Boston regarding the complained-of broadcast. Viewing these circumstances in light of the Commission's clear directive regarding treatment of broadcast speech that allegedly advocates or incites violence, we conclude that no substantial question exists concerning Greater Boston's qualifications and that Commission action is not warranted. IV. ORDERING CLAUSES 7. ACCORDINGLY, IT IS ORDERED, pursuant to sections 0.111(a)(11) and 0.311 of the Commission's rules,7 that the above-described complaints filed against Greater Boston Radio, Inc. are hereby DENIED. 8. IT IS FURTHER ORDERED, that a copy of this Memorandum Opinion and Order be sent by first class mail or e-mail to each of the complainants for which the Commission has a return or e-mail address and to Greater Boston
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- $1,460,000. Based on our review of the information provided by Charter, we agree that Charter has shown sufficient economic hardship to warrant temporary waivers of section 11.11(a) of the Rules for the 153 cable systems listed in Appendix A, and grant Charter a waiver of these rules until October 1, 2005.10 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,11 Charter Communications, Inc. IS GRANTED a waiver of Sections 11.11(a), 11.52(d) and 11.61 of the Rules as specified herein and the request for a declaratory ruling IS DISMISSED AS MOOT because it was withdrawn by Charter Communications, Inc. 6. IT IS FURTHER ORDERED that Charter Communications, Inc. place a copy of this waiver in
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- to have a history of overall compliance with the Commission's rules, however, the NAL made no downward adjustment to reflect that determination. We therefore reduce the $17,000 forfeiture amount to $13,600 to reflect FNX's history of overall compliance with the Commission's rules. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,22 FNX Broadcasting, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen thousand six hundred dollars ($13,600) for willful23 and repeated24 violation of Sections 73.1125 and 73.3526(b) of the Rules at station WPHX(AM). 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- to have a history of overall compliance with the Commission's rules, however, the NAL made no downward adjustment to reflect that determination. We therefore reduce the $17,000 forfeiture amount to $13,600 to reflect FNX's history of overall compliance with the Commission's rules. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,22 FNX Broadcasting, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen thousand six hundred dollars ($13,600) for willful23 and repeated24 violation of Sections 73.1125 and 73.3526(b) of the Rules at station WPHX-FM. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Chladek willfully violated Section 73.49 of the Rules, but we find that the forfeiture should be reduced to six thousand three hundred dollars ($6,300). IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 James Chladek, licensee of Station WMXC(AM), Parsippany-Troy, New Jersey. IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand three hundred dollars ($6,300) for his willful violation of Section 73.49 of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- find that it is appropriate to propose a $20,000 forfeiture. Further, while PSN has tendered its Section 325(c) permit for cancellation,42 we find that such a post-remedial measure does not lessen, mitigate, or excuse its past violations of the Act.43 IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act44 and Sections 0.111, 0.311 and 1.80 of the Rules,45 Pacific Spanish Network, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willfully and repeatedly violating the express terms and conditions of its Section 325(c) permit. 16. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of
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- record of Barnacle Broadcasting Company, Ltd, we agree that the forfeiture amount should be reduced. Accordingly, we reduce the $10,000 forfeiture proposed by the Notice of Apparent Liability to $8,000 on the basis of a history of overall compliance with Commission Rules. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,21 Barnacle Broadcasting Company, Ltd IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willful violation of Section 17.51 of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- Further, Pacifica states it is a small business entity, in support of its request that the forfeiture be reduced, without providing any financial documentation. It is well established that reliance on small business status alone without substantiation of the inability to pay claim is insufficient.4 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act5, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules6, Pacifica Foundation, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for its willful and repeated violation of Sections 11.61(a)(1)(i), 11.61(a)(2)(i)(A) and 73.1870(c)(3) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- the factors listed above, we find that reduction of the proposed forfeiture is warranted because of the compliance record of Business Cell with the Commission's Rules. Accordingly, the forfeiture amount is reduced from ten thousand dollars ($10,000) to eight thousand dollars ($8,000). IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act14, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules15, Business Cell, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for its willful and repeated violation of Section 17.51(b) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules16 within 30 days of the
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- antenna structure. Moreover, Clamor does not dispute that the violation was repeated. Finally, although Clamor claims to have resubmitted its antenna structure registration application to the Commission on July 20, 1999, there is no evidence to indicate that Clamor actually did so. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Clamor Broadcasting Network, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for its willful and repeated failure to register its antenna structure in violation of Section 17.4(a) of the Rules. 9.Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
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- indicate that Servisair is not licensed to operate at Newark International Airport and is not now operating there. In addition to the forfeiture assessed here, we warn Servisair that any future operation without a license could lead to more severe enforcement action. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,15 Servisair IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for its willful and repeated violation of Section 301 of the Act. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- result of our review, we conclude that Arnold willfully and repeatedly violated Section 301 of the Communications Act of 1934, as amended,19 and Section 11.61(a)(2) of the Rules, but we find that the forfeiture should be reduced to $6,000 for these violations. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,20 Arnold Broadcasting Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000) for its violation of Section 301 of the Act and Section 11.61(a)(2) of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the forfeiture proceeding. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended,2and Sections 0.111 and 0.311 of the Rules,3 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's forfeiture proceeding against Unocal IS TERMINATED. 7. IT IS FURTHER ORDERED that Union Oil Company of California shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check
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- above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Mr. Desinor willfully violated Sections 301 of the Act and find no basis for cancellation or reduction of the proposed $10,000 monetary forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 Mr. Desinor IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- with the Forfeiture Policy Statement. As a result of our review, we conclude that Johnson willfully and repeatedly violated Section 73.1745(a) of the Rules and reduce the forfeiture amount to $3,200 based on Johnson's past history of overall compliance with the Rules. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,9 Johnson Enterprises, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand two hundred dollars ($3,200) for repeatedly violating Section 73.1745(a) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- Accordingly, we cancel the proposed forfeiture. Nevertheless, we find that it is appropriate to admonish Cornell for its willful and repeated violation of 73.1350(b)(2) of the Rules and its willful violation of Section 73.3527(c) of the Rules. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,10 the forfeiture in the amount of thirteen thousand dollars ($13,000) proposed in the June 27, 2003 Notice of Apparent Liability issued to Cornell College IS CANCELLED. 7. IT IS FURTHER ORDERED that Cornell College IS ADMONISHED for failure to maintain transmitter control and failure to make available the station's public file in willful
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- although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $6,000 is appropriate based on Andrews Tower's good faith efforts to comply and its past history of compliance with the Rules. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,11 Andrews Tower Rental, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000) for willfully and repeatedly violating Section 17.50 of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- by Clearvision, we conclude that temporary waivers of section 11.11(a) of the rules for the above- captioned cable television systems are warranted. In particular, we find that the estimated $30,000 cost to purchase and install EAS equipment at these recently acquired cable television systems could impose a financial hardship on Clearvision. 5. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0.204(b) and 0.311 of the rules,10 Clearvision Cable Systems, Inc.'s request for temporary waivers of section 11.11(a) of the rules is GRANTED until October 1, 2005, for the five captioned cable television systems.11 6. IT IS FURTHER ORDERED that Clearvision Cable Systems, Inc. place a copy of this waiver in its system files. 7. IT IS FURTHER ORDERED that a
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- forfeiture amount is warranted. We will reduce the two thousand dollar ($2,000) monetary forfeiture to one thousand six hundred dollars ($1,600) because Pearson acted in good faith by taking action to correct the violation prior to the New Orleans Office agent's inspection. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 Pearson Broadcasting of Mena, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand six hundred dollars ($1,600) for its willful and repeated violation of Section 11.61 of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the record and the terms of the Consent Decree, we believe that the public interest will be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act, as amended,1 and Sections 0.111 and 0.311 of the Rules,2 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation of Blackstone~NEY IS TERMINATED. 7. IT IS FURTHER ORDERED that Blackstone~NEY Ultrasonics, Inc. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument,
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- four years. Because Casey has presented financial information only with respect to this station and not his company overall,6 and has not provided any supporting documentation, we are not in a position to make a downward adjustment based on inability to pay.7 III. ORDERING CLAUSES 4. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,8 Casey Network, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 73.49 of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules9 within 30 days of the release of this Order. If the
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- above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Wanda Doonan Trust willfully violated Section 17.50 of the Rules, but we reduce the forfeiture proposed for this violation from $10,000 to $1,000.13 IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Wanda Doonan Trust IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for repeated violation of Section 17.50 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- Statement as well. As a result of our review, we conclude that CB willfully and repeatedly violated Section 17.4(a) of the Rules and we find that cancellation of the proposed monetary forfeiture is not warranted but a reduction to $2,400 is appropriate. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 CB Radio, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand four hundred dollars ($2,400) for its willful and repeated violation of Section 17.4(a) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- appropriate.3 In so reducing the proposed forfeiture, we admonish Sauer for his deliberate, willful and repeated violations of the Part 97 of the Rules governing amateur radio operations, and caution Sauer that further violations may result in additional enforcement measures, including revocation of his license.4 4. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,5 Ronald E. Sauer IS LIABLE FOR A MONETARY FORFEITURE in the amount of four hundred dollars ($400) for its deliberate, willful and repeated violations of Sections 97.101(d), 97.113(a)(4) and 97.119(a) of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- well. As a result of our review, we conclude that Pittman willfully violated Section 73.49 of the Rules, and that based on Pittman's history of compliance and current financial situation a reduction in the forfeiture amount from $7,000 to $3,000 is appropriate. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, 21 Pittman Broadcasting Services, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for willfully violating Section 73.49 of the Rules. 14. IT IS FURTHER ORDERED THAT, pursuant to Section 504(b) of the Act,22 and Section 1.80 (f)(4) of the Rules, the portion of the NAL concerning Pittman
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- in conjunction with the Policy Statement as well. As a result of our review, we conclude that Williams willfully11 violated Sections 73.49 and 73.3526(c)(1) of the Rules, but we reduce the forfeiture proposed for these violations from $17,000 to $9,200, based on Williams's financial showing. 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,12 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,13 Marion R. Williams IS LIABLE FOR A MONETARY FORFEITURE in the amount of nine thousand, two hundred dollars ($9,200) for willful violation of Sections 73.49 and 73.3526(c)(1) of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- thirty (30) days following the release of this Order how it has achieved compliance with Sections 73.1125, 73.1745(a), and 73.3526(c)(1) of the Rules. RJM's report must be submitted in the form of an affidavit signed by an officer or director of RJM. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 RJM Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for its violation of Sections 73.1125, 73.1745(a), and 73.3526(c)(1) of the Rules. 7. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Act, RJM must submit the report described in Paragraph 5, above,
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- Mr. Jackson willfully and repeatedly violated Section 301 of the Communications Act of 1934, as amended. While we find no basis for canceling the forfeiture, we reduce the total amount of the forfeiture to $3,000 based on Mr. Jackson's inability to pay. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Donald Donovan Jackson IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for his violation of Section 301 of the Act. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Entravision repeatedly violated Section 17.57 of the Rules. We also conclude that neither cancellation nor reduction of the proposed $3,000 monetary forfeiture is warranted. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 Entravision Communications Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for failure to notify the Commission of a change in the antenna structure's ownership information, in repeated violation of Section 17.57 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for
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- amount due to a demonstrated inability to pay. 12. After careful and complete review of all relevant factors, based on the above cited circumstances, we conclude that Mr. Selvanto willfully violated Section 301 of the Act and find no basis for mitigation. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Mr. Michael S. Selvanto IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- Statement. As a result of our review, we conclude that Mr. Simon willfully and repeatedly violated Section 301 of the Act and find no basis for cancellation or reduction of the $10,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,10 Wilner Simon IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- the factors listed above, we find that reduction of the proposed forfeiture is warranted because of FTP's history of compliance with the Commission's Rules. Accordingly, the forfeiture amount is reduced from four thousand dollars ($4,000) to three thousand, two hundred dollars ($3,200). IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 FTP Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand, two hundred dollars ($3,200) for its repeated violation of Section 73.1745 of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- Sections 17.4(g) and 17.57 of the Commission's Rules, and, although we find no basis for canceling the proposed forfeiture, we reduce the total forfeiture amount to $4,600 based on Capstar's good faith effort to comply with Section 17.4(g) of the Commission's Rules. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,17 Capstar Radio Operating Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand, six hundred dollars ($4,600) for failure to provide an ASR number at the base of its tower structure and failure to notify the Commission of a change in ownership information in violation of Sections 17.4(g) and 17.57 of
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- of employees or independent contractors have resulted in violations.''9 Finally, although Acapulco states that it has programmed its equipment to operate only on its licensed frequency, we note that remedial actions taken to correct the violation, while commendable, are not mitigating factors.10 IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 Acapulco Car Service, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for its willful and repeated operation of radio transmitting equipment on an unauthorized frequency on July 9 and 10, 2002 in violation of Section 1.903(a) of the Rules. 7. Payment of the forfeiture shall be made
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- cancel the Notice of Apparent Liability for Forfeiture (the ``NAL'') issued in this proceeding against Edmund Dinis.1 After reviewing the record, we have concluded that the NAL was issued outside of the statute of limitations contained in section 503(b)(6) of the Communications Act of 1934, as amended (the ``Act'').2 2. Accordingly, pursuant to section 503(b) of the Act,3 and sections 0.111 and 0.311 of the Commission's rules,4 the NAL is hereby cancelled. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 See Edmund Dinis, 17 FCC Rcd 24890 (EB 2002). 2 47 U.S.C. 503(b)(6). 3 47 U.S.C. 503(b). 4 47 C.F.R. 0.111, 0.311. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-250A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-250A1.doc
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- and repeatedly violated violations of Section 73.1745(a) of the Rules; and that 4M Communications willfully violated Section 17.50 of the Rules. We find that the proposed forfeitures against 4M of Richmond and 4M Communications should be reduced to the amounts indicated above. IV. ORDERING CLAUSES 18. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,21 4M of Richmond IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand six hundred dollars ($6,600) for willful violation of Section 73.49 of the Rules and for willful and repeated violations of Section 73.1745(a) of the Rules. 19. IT FURTHER IS ORDERED that 4M Communications IS LIABLE FOR A MONETARY FORFEITURE
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- Nettleton systems to the Amory headend by the end of the first quarter of 2004, we do not believe that nine- month extensions are warranted for these systems. Rather, we conclude that six-month extensions of the temporary, 12-month waivers of Section 11.11(a) for the Aberdeen and Nettleton cable systems are warranted.9 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b), 0.311 of the Rules,10 Vista III Media, LLC IS GRANTED a waiver of Section 11.11(a) of the Rules until April 1, 2004 for the Aberdeen and Nettleton, Mississippi cable television systems and IS GRANTED a waiver of Section 11.11(a) of the Rules until July 1, 2004 for the Holly Springs, Mississippi cable television system. 7. IT IS FURTHER ORDERED
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- imported and marketed its RCT Model TM60, which does not comply with the timing requirements set forth in Section 15.231(a). We therefore find it appropriate and consistent with precedent to propose a base forfeiture of $7,000 for importing and marketing non-compliant equipment.24 IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,25 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,26 IKUSI, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803(a)(1) and 15.231(a) of the Rules. 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty (30) days
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- demonstrating that the required meaningful staff and management presence is being maintained at the WTRI studio. JMK's report must be submitted in the form of an affidavit or declaration, under penalty of perjury, signed by an officer or director of the licensee. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act15, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules16, JMK Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of eighteen thousand dollars ($18,000) for its willful violation of Sections 1.89, 73.49, and 73.1125(a) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules17 within 30 days
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- the basis of inability to pay in the absence of financial documentation (e.g., federal tax returns, GAPP standard accounting statements, or other reliable, objective information).13 WCVC did not submit any financial documentation that would enable us to assess its ability to pay.14 IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,15 WCVC, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000.00) for its failure to failure to effectively fence or enclose an antenna structure with radio frequency potential at its base, in willful violation of Section 73.49 of the Rules. 10. Payment of the forfeiture shall be made in
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- note that Playa del Sol claims to have a history of compliance with the Commission's Rules. Having found that Playa del Sol does have a history of compliance with the Commission's Rules, we believe a reduction of the forfeiture to $12,000 is warranted. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,20 Playa del Sol Broadcasters, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand ($12,000) for its willful and repeated violations of Sections 73.1125, 11.35, and 11.61 of the Rules at station KRCK-FM. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
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- and 2002 in support of his inability to pay contention. We have reviewed the financial information submitted by Mr. Neely and find that this information does not provide a basis for cancellation. Indeed, the forfeiture is a very small percentage of Rejoice, Inc.'s gross revenues.5 4`. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,7 Frank Neely IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for his repeated violation of Section 73.1745(a) of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- processes as a whole. Accordingly, we deny Verizon's request to admit the Documents into the record. IV. ORDERING CLAUSE 15. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Documents may not be entered into the record of this proceeding, and that Verizon's Answer is stricken. Commission staff will promptly issue a schedule for further actions to be taken in this proceeding. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 For purposes of
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- we find that the parties have shown good cause for us to dismiss the Burbanks' formal complaint with prejudice. 7. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 208, and section 1.727 of the Commission's rules, 47 C.F.R. 1.727, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Joint Motion to Dismiss Formal Complaint with Prejudice filed by the parties to this proceeding IS GRANTED. 8. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 208, and section 1.727 of the Commission's
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- but not co-owned.6 Therefore, we find that Hull is in fact seeking a permanent rule change, which is inappropriate in the form of a waiver request.7 Accordingly, we find that Hull's request should be denied. Finally, because Hull has already installed EAS equipment, there is no need for a temporary waiver. 4. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b), 0.311 of the Rules,8 Hull Broadcasting, Inc.'s request for waiver of Section 11.51(j) of the Rules, IS DENIED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail Return Receipt Requested to counsel for Hull Broadcasting, Inc., Matthew H. McCormick, Reddy, Begley & McCormick, LLP, Suite 610, 1156 15th Street, N.W., Washington,
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- the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Motion to Withdraw Request for Reconsideration IS GRANTED and that all claims in the above- captioned proceeding ARE DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Pole Attachment Complaint, File No. PA 01-003 (filed Mar. 16, 2001)
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- within two weeks of receipt. Classic has offered to notify the Commission when the equipment is installed. 5. Based on our review of the additional information submitted by Classic, we find that an extension of its temporary waivers of section 11.11(a) of the Rules for the above-captioned cable systems, are warranted. 6. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0.204(b) and 0.311 of the Rules,15 Classic Communications, Inc. IS GRANTED temporary waivers of section 11.11(a) of the Rules until October 1, 2004, for the above captioned cable systems.16 7. IT IS FURTHER ORDERED that Classic Communications, Inc. notify the Director, Office of Homeland Security, Enforcement Bureau immediately upon installation of the EAS equipment at the above-captioned cable systems by
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- no substantial or material questions of fact with respect to this matter as to whether ICC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and the authority delegated by section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Letter from Hillary DeNigro, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Jeffrey J. Prosser, Chief
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- Consumer and Governmental Affairs Bureau Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 5. This order is issued pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 C.F.R. 1.718. 2 See Judware v. Verizon, Order, DA 04-1874, 2004 WL 1432325 (F.C.C.) (June 24, 2004); Judware v. Verizon, Order, DA 04-1099, 2004 WL 877367 (F.C.C.) (April 26, 2004); Judware v. Verizon,
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- not regulated. 12. Based on our review of the record and of Freewave's website, we find no evidence that Freewave has marketed or is marketing bilateral amplifiers to the general public in violation of Section 15.204 of the Rules. We accordingly conclude that MDS's unsubstantiated allegations do not warrant further action. 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 0.111 and 0.311 of the Rules,8 MDS's informal request for Commission action is dismissed to the extent indicated herein and is otherwise denied. 14. IT IS FURTHER ORDERED that a copy of this Order be sent via first class mail and certified mail, return receipt requested, to counsel for MDS, Wayne V. Black, Esq., Keller and Heckman LLP, 1001 G Street,
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- conclude that there are no substantial or material questions of fact as to whether New Edge possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above captioned investigation is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) File No. EB-04-IH-0157 ) New Edge Network, Inc. )
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- statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Leon's Radio willfully violated Section 17.50 of the Rules and find no basis for a reduction of the proposed forfeiture amount. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 Leon's Radio Broadcasting Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and 203(c); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. (1996); 47 C.F.R.
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- private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and 203(c); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. (1996); 47 C.F.R.
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- Commission. Hence, we find that the parties have shown good cause for us to dismiss O'Day's formal complaint with prejudice. 7. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 208, section 1.727 of the Commission's rules, 47 C.F.R. 1.727, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Joint Motion to Dismiss Formal Complaint with Prejudice filed by the parties to this proceeding IS GRANTED. 8. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 208, section 1.727 of the Commission's rules,
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- reviewing Rainbow's supporting documentation, we conclude that cancellation of the proposed $8,000 forfeiture is warranted based on the company's inability to pay.4 While we cancel the forfeiture, we admonish Rainbow for its repeated violation of Section 1.903(a) of the Rules. 4. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,5 the proposed forfeiture in the amount of one thousand dollars ($8,000.00) for apparent repeated violation of Section 1.903(a) of the Rules IS CANCELLED. 5. IT IS FURTHER ORDERED that Rainbow Honolulu IS ADMONISHED for its repeated violation of Section 1.903(a) of the Rules. 6. IT IS FURTHER ORDERED that a copy of this Order
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- cancellation or reduction of the $3,000 forfeiture proposed for these violations. Moreover, Williams should register the three towers promptly after it receives a no hazard determination by the FAA and must notify us when registration is complete. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,10 Steve Williams d.b.a. American Broadcasting of Texas IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for willfully and repeatedly violating Section 17.4(a) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- (30) days following the release of this Order how it has achieved compliance with Section 17.4 of the Rules for its antenna structure. Palmetto's report must be submitted in the form of an affidavit signed by an officer or director of Palmetto. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 Palmetto Broadcasting Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for its willful and repeated failure to register its antenna structure in violation of Section 17.4(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Act, Palmetto must submit the
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- Enforcement Bureau by approximately October 31, 2003. Cell Page still has not submitted its tax returns.3 Without the appropriate financial documentation, we can not consider Cell Page's claim of inability to pay;4 therefore, we deny its request for reduction or cancellation of the forfeiture. 5 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,7 Cell Page IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for its willful and repeated violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- Kamm's license application withdrawal will be processed by WTB concurrently with this Order. 3. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act5 and Section 1.106 of the Rules,6 Mr. Kamm's petition for reconsideration of the June 6, 2003, Forfeiture Order IS GRANTED to the extent indicated herein. 4. IT IS FURTHER ORDERED that, pursuant to Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,7 the forfeiture in the amount of twelve thousand dollars ($12,000) assessed in the Forfeiture Order issued to Scott E. Kamm IS CANCELLED. 5. IT IS FURTHER ORDERED THAT a copy of this Order shall be sent by first class mail and certified mail, return receipt requested, to Mr. Scott E. Kamm at his address
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- Hop's May 12, 2003 response to the NAL, including its statement that it is not the operator of the unlicensed radio transmitter. Based on our review of its response and the record before us, we conclude that cancellation of the proposed $10,000 forfeiture is warranted. 2. Accordingly, IT IS ORDERED that, pursuant to Section 504(b) of the Act3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 the forfeiture in the amount of ten thousand dollars ($10,000) proposed in the April 23, 2003 NAL issued to Hip Hop City Corp. IS CANCELLED. 3. IT IS FURTHER ORDERED that, a copy of this Order shall be sent by Certified Mail Return Receipt Requested to Hip Hop City, 1236 Atlantic Avenue, Brooklyn,
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- factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that ESI willfully violated Section 301 of the Act and find no basis for cancellation or reduction of the proposed $10,000 monetary forfeiture. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 ESI IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- Enforcement Bureau no more than thirty (30) days following the release of this order how it plans to achieve compliance with Section 73.1745. WFNO's report must be submitted in the form of an affidavit or declaration signed by an officer or director. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 WFNO L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand six hundred dollars ($5,600) for willfully and repeatedly violating Section 73.1745 of the Rules. 15. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Act, WFNO must submit the report described in Paragraph 13, above, no more than
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- with the Commission's Rules. After considering WSJM's record of compliance, we conclude that although WSJM willfully15 violated the Commission's Rules, a reduction of the remaining forfeiture amount (sixteen thousand dollars ($16,000) as reduced) to twelve thousand eight hundred dollars ($12,800) is appropriate.16 II. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,17 WSJM, Inc.. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand eight hundred dollars ($12,800) for willfully violating Sections 11.52(d), 11.61(a)(2)(i)(A), 17.4(a), 17.47(a)(1), 17.51(a), 73.1820(a)(1)(i), 73.1820(a)(1)(iii), and 73.1870(c)(3) of the Commission's Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- the Act on March 5, 2003 by operating a radio station on the frequency of 102.1 MHz without a license.12 We find no basis for cancellation or reduction of the proposed $10,000 monetary forfeiture based on Mr. Simon's response to the NAL. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 Mr. Fritzner Simon IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- ordered information (subject to the Commission's confidentiality rules) - as opposed to an adverse ruling on the merits of the case - will result in the purported harm it has identified.9 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and sections 0.111, 0.311, and 1.727 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.727, that Defendants' Request for Stay is DENIED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Defendants' Request for Stay, File No. EB-04-MD-006 (filed Aug. 31, 2004) (``Request for Stay''). Complainant EarthLink, Inc. opposes the Request for Stay. See EarthLink Opposition to SBC Stay Request, File
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- to be corrected,10 and does not believe that such corrective measures mitigate or warrant forfeiture cancellations or reductions for past violations.11 Based on the record, we thus do not find that cancellation or reduction of the proposed forfeiture of $3,000 is warranted. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Joe E. Ramsey and John Ramsey d.b.a. Ramsey and Ramsey IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for its willful violation of Section 17.4(a) of the Rules. 7. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3, 1.716- 18, and 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.3, 1.716-18, 1.720-36, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request to Convert IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3, 1.716-18, and 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.3, 1.716-18, 1.720-36, and the authority
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- that Southern Media engaged a contractor to coordinate reports and register the antenna structure more than a year prior to the Commission's on-site inspection.5 Under the circumstances, we believe a reduction of the $3,000 base forfeiture for that violation to $1,000 is warranted.6 5. Accordingly, IT IS ORDERED that, pursuant to Sections 503(a) and (b) of the Act,7 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,8 Southern Media Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of nine thousand dollars ($9,000) for its willful violation of the EAS and antenna registration requirements set forth in Sections 17.4(a) and 11.35(a) of the Rules. 6. Payment of the forfeiture must be made by check or similar instrument, payable to
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- we conclude that there are no substantial or material questions of fact as to whether Company possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above captioned investigation is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) File No. EB-04-IH-0016 ) Manhattan ) Acct. No. 200432080303
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- conclude that Global willfully violated Section 301 of the Communications Act of 1934, as amended, and Section 74.103(c) of the Rules. We find no basis for rescinding or canceling the forfeiture due to an inability to pay, or for any other reason. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,26 Global Radio, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand eight hundred dollars ($10,800) for its willful violations of Section 301 of the Act and Section 74.103(c) of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- As a result of our review, we conclude that Union willfully and repeatedly19 violated Section 73.1745(a) of the Rules and willfully violated Section 73.3526(c) of the Rules. Further, we find that neither cancellation nor reduction of the proposed monetary forfeiture is warranted. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,20 Union Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $18,000 for repeatedly and willfully violating Section 73.1745(a) of the Rules, and willfully violating Section 73.3526(c) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that EICB willfully and repeatedly violated Section 73.3526 (c)(1) of the Rules and that reduction of the proposed $10,000 monetary forfeiture to $2,000 is warranted. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 EICB-TV L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully and repeatedly violating Section 73.3526(c)(1) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- do so. Although Star suggests an inability to pay the forfeiture proposed in the NAL,55 it has presented no documentation in support of such a claim. We conclude, on balance, that the forfeiture amount is justified by the severity of the violations. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act,56 and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,57 Star IS LIABLE FOR A MONETARY FORFEITURE in the amount of One Hundred Thousand Dollars ($100,000) for willfully and repeatedly violating section 1.2105(c) of the Commission's rules. 16. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include
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- in which it engaged were proscribed. The violation committed by Northeast had the potential to affect the fundamental integrity of Auction No. 44. We conclude that the amount of the proposed forfeiture is justified in light of the severity of Northeast's misconduct. IV. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act,60 and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,61 Northeast IS LIABLE FOR A MONETARY FORFEITURE in the amount of One Hundred Thousand Dollars ($100,000) for willfully violating section 1.2105(c) of the Commission's rules. 18. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Acct.
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- Accordingly, IT IS ORDERED THAT, pursuant to Section 40527 of the Act and Section 1.106 of the Rules,28 Radio X's December 10, 2003 Petition for Reconsideration of the Enforcement Bureau's Forfeiture Order issued on November 10, 2003 IS GRANTED IN PART AND DENIED IN PART. 15. IT IS ALSO ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,29 Radio X Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of sixteen thousand dollars ($16,000) for willfully violating Sections 17.50 and 73.3526(b) of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- of participation, as appropriate. Pursuant to section 1.47(c) of the Commission's rules,27 the Bureau shall be served with documents in the same manner as other parties. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 224, and 405 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 224, 405, and sections 0.111, 0.311, 1.106, and 1.1411 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.106, 1.1411, that Gulf Power's Petition IS GRANTED to the extent indicated in this HDO; 11. IT IS FURTHER ORDERED, that the above-captioned proceeding IS DESIGNATED FOR A HEARING before an ALJ, at a time and place to be specified in a subsequent Order, upon the following issue:
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- of the parties and of this Commission until such time as may actually be necessary. 5. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.722 of the Commission's rules, 47 C.F.R. 1.3, 1.722, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Innovative's Petition for waiver and extension of time IS GRANTED. 6. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadline for AT&T to file a supplemental complaint for damages under section 1.722 of the Commission's rules, 47 C.F.R. 1.722, is extended until 60 days after a
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- Policy Statement as well. As a result of our review, we conclude that Mercury willfully and repeatedly violated Sections 17.50 and 17.57 of the Rules. We find that the proposed forfeitures against Mercury should be reduced to the amount as indicated above. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,16 Mercury Broadcasting Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand eight hundred dollars ($8,800) for willful and repeated violation of Sections 17.50 and 17.57 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Mediacom willfully and repeatedly violated Section 17.51 of the Commission Rules. We find no basis for rescinding or canceling the forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 MCC Georgia LLC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for its willful and repeated violation of Section 17.51 of the Commission's Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- and 73.49 of the Rules and find that, although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $12,000 is appropriate based on Delta's past history of compliance with the Rules. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,16 Delta Radio Greenville, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for willfully and repeatedly violating Sections 11.35(a) and 73.49 of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- Field Office (``Norfolk Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $18,000 to TPN.2 TPN has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 The Paradise Network of North Carolina, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $18,000 for willfully and repeatedly violating Sections 11.35 and 73.3526(c)(1) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- not warrant a reduction in the forfeiture amount.3 We concur, however, with Urban Radio's assertion that the forfeiture should be reduced or cancelled in light of its overall history of compliance with the Rules.4 Accordingly we reduce the forfeiture amount to $12,000. III. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,5 Urban Radio of Pennsylvania, L.L.C., IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for willfully and repeatedly violating Sections 17.47(a), 17.48(a) and 17.51(a) of the Rules. 6. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- refusing to allow an inspection of the operating transmitter. Mr. Pierre has submitted nothing warranting mitigation of the forfeiture amount and we find no basis for cancellation or reduction of the $17,000 forfeiture proposed for these violations. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,9 Alexandre Pierre Abelard aka Abelard Pierre IS LIABLE FOR A MONETARY FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willfully violating Sections 301 and 303(n) of the Act. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- support of its contention. We have reviewed the financial documentation submitted by Butterfield and find that this information does not provide a basis for cancellation or reduction of the forfeiture. Indeed, the forfeiture is a very small percentage of Butterfield's gross revenues.13 IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Butterfield IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willful and repeated violation of Section 73.3526(e)(1). 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- this extension will facilitate the possible settlement of these numerous claims, we are satisfied that our action today serves the public interest. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 154(i), 154(j), 208, section 1.3 of the Commission's rules, 47 C.F.R. 1.3, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that section 1.718(a) of the Commission's rules, 47 C.F.R. 1.718(a), IS HEREBY WAIVED, with regard to the IPP EUCL informal complaints described herein and the deadline for the conversion and filing of these informal complaints into formal complaints is hereby extended to January 21, 2005. This waiver is effective
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- Gerritsen's response, we find that Gerritsen's violation of Section 301 of the Act was willful 30 and repeated.31 Considering the entire record and the statutory factors listed above, we find that neither cancellation nor reduction of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,32 Jack Gerritsen IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- $7,000. In this case, VIA imported and marketed two unauthorized models of CPU boards. We find that a forfeiture amount of $7,000 is warranted for each unauthorized model.26 Accordingly, we are proposing a total forfeiture in the amount of $14,000. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules,27 VIA Technologies, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 14. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of
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- Office (``New Orleans Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $20,000 to Konarz.2 Konarz has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Jason Konarz IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for willfully and repeatedly violating Sections 11.35(a), 73.1745(a), and 73.3526(c) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- in conjunction with the Policy Statement as well. As a result of our review, we conclude that Northern willfully and repeatedly violated Section 17.4 of the Rules, and we find no basis for rescinding or reducing the $3,000 forfeiture for this violation. IV. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,15 Northern Electric Cooperative, owner of the antenna structure located at approximately N 45 27' 41'', W 98 20' 15'', in Bath, South Dakota, IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for its violation of Section 17.4(a) of the Rules. 17. IT IS FURTHER ORDERED that, pursuant to
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- or about May 17, 2004 of this count based on your participation in a fraudulent scheme to obtain schools and libraries E-Rate program funds. See United States v. Dotson, Docket No. 1:03cr01113BSJ, Indictment (S.D.N.Y. filed September 17, 2003) (``Dotson Indictment''); United States v. Dotson, Docket No. 1:03cr01113BSJ, Judgment (S.D.N.Y. May 17, 2004) (``Dotson Judgment''). 2 47 C.F.R. 54.521; 47 C.F.R. 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. 54.521). 3 47 C.F.R. 54.521(a)(4). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-9227, 67- 74 (2003) (``Second Report and Order''). 4 Second Report and Order, 18 FCC
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- for 10 of its other cable systems in Louisiana, Ohio, Oklahoma and Texas.14 By e-mail dated October 4, 2004, Classic notified the Commission that it had installed EAS equipment at all 10 of the systems. We expect that Classic would likewise comply with the new deadline as setforth in this Order. 6. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0.204(b) and 0.311 of the Rules,15 Classic Communications, Inc. IS GRANTED an extension of its temporary waiver of section 11.11(a) of the Rules until February 1, 2005, for the cable systems listed in Attachment A.16 7. IT IS FURTHER ORDERED that Classic Communications, Inc. notify the Director, Office of Homeland Security, Enforcement Bureau immediately upon installation of the EAS equipment
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- of any system or systems is consummated to request a waiver of Section 11.11(a), submitting the information necessary to support a financial hardship showing. Any buyer that does not file a waiver request will be required to come into compliance with the EAS rules by the end of the 30-day period. 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b), 0.311 of the Rules,11 SM Cable Holdings, L.L.C. IS GRANTED a waiver extension of Section 11.11(a) of the Rules until July 1, 2004 for the 12 captioned cable television systems. 7. IT IS FURTHER ORDERED that SM Cable Holdings, L.L.C. place a copy of this waiver extension in its system files. 8. IT IS FURTHER ORDERED that a copy
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- 11.35(a) and 11.61(b) was willful9 and repeated.10 While the licensee has taken corrective actions to prevent recurrence of the violations, such actions are not mitigating factors warranting a forfeiture reduction.11 Therefore, we deny Capital Media's request to reduce or rescind the NAL. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Capital Media, IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Sections 11.35(a) and 11.61(b) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- of Commission records confirmed, that Station WPFC(AM) has a history of overall compliance with the Communications Act and the Commission's rules and regulations. After considering VPM's history of compliance,16 we find that a reduction of the proposed forfeiture to $20,000 is appropriate. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,17 Victory & Power Ministries, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty thousand dollars ($20,000.00) for its willful violations of Sections 11.35(a), 73.49 and 73.3526(c) of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- Lifeline and Link-Up services ``in a manner reasonably designed to reach those who qualify'' for those services. However, as discussed above, Pend Oreille has shown mitigating circumstances sufficient to warrant a reduction of the forfeiture penalty to $20,000. 13. Accordingly, IT IS ORDERED THAT, pursuant to Sections 4(i) and 503(b) of the Act, 47 U.S.C. 154(i) and 503(b), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, 47 C.F.R. 0.111, 0.311 and 1.80(f)(4) that Pend Oreille shall forfeit to the United States government the sum of $20,000 for willfully and repeatedly violating Section 214(e)(1)(B) of the Act, 47 U.S.C. 214(e)(1)(B), and Sections 54.405(b) and 54.411(d) of the Commission's rules, 47 C.F.R. 54.405(b), 54.411(d) as discussed in the paragraphs above. 14.
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- failed to identify the subset of information in its response for which it seeks voluntarily-provided status. Moreover, it did not request the return of such information as required by Section 0.459(e). Accordingly, we need not consider whether any materials provided by Perfect Fit should be returned at this time. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311, and 0.459(c), that the Request for Confidentiality filed on April 19, 2004 by Perfect Fit Industries, Inc., IS DENIED. 8. IT IS FURTHER ORDERED that, pursuant to Section 0.459(g) of the Rules, that Perfect Fit Industries, Inc., may file an application for review of this denial with the Commission within five (5) working days of the release date of
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- that Crown Communication, Inc. failed to maintain good visibility of the antenna structure in willful and repeated violation of Section 17.50 of the Rules. We also acknowledge Crown's good faith efforts to address the violation. Thus, we reduce the forfeiture to $8,000. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,19 Crown Communication, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for failure to clean and repaint its antenna structure to maintain good visibility, in willful and repeated violation of Section 17.50 of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for
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- Policy Statement as well. As a result of our review, we conclude that Paulino willfully12 and repeatedly13 violated Sections 73.1125, 11.35(a) and 73.3527(c)(1) of the Commission's Rules. Further, we find that neither cancellation nor reduction of the proposed monetary forfeiture is warranted. III. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Paulino Bernal Evangelism, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Sections 73.1125, 11.35(a) and 73.3527(c)(1) of the Commission's Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- the additional safeguard requested by ACS is necessary and/or serves the public interest. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3, 1.716- 18, and 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.3, 1.716-18, 1.720-36, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Joint Motion to Dismiss Claims Against ACS of Fairbanks, Inc. and ACS of Alaska, Inc.; Request to Convert Claims Against ACS of Anchorage, Inc. to Claims in an Informal Complaint IS GRANTED to the extent indicated herein. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208
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- we understand that coordination of Station XEMO's operations has recently been completed in compliance with the U.S.- Mexico treaty. However, consistent with precedent, we do not find that subsequent remedial measures lessen or excuse its past violations of the Act.32 IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act33 and Sections 0.111, 0.311 and 1.80 of the Rules,34 Uniradio Corp. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty five thousand dollars ($25,000) for willfully and repeatedly violating the express terms and conditions of its Section 325(c) permit. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the
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- pay the assessed forfeiture.12 We reviewed the financial information submitted by Woodland and find that it does not provide a basis for cancellation or reduction. The forfeiture is a very small percentage of Woodland's gross revenues, and therefore does not warrant reduction.13 IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Woodland Radio, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for its willful and repeated violation of Sections 74.551(a)(2), 74.551(a)(3), and 74.561 of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- stations and leave the broadcasting business.''13 Whereas Big Island's documentation establishes that it has consistently operated at net losses, we nevertheless find that it has generated sufficient gross revenues such that payment of the reduced forfeiture will not pose a financial hardship.14 IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,15 Big Island Radio IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand three hundred dollars ($1,300.00) for repeated violations of Sections 11.35(a) and 11.61 of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- acknowledged the benefits of the SAM system as an emergency alerting mechanism for the hard-of-hearing and deaf communities.13 We believe that this system can also provide substantial benefits in areas of the country, such as the areas served by Great Plains, which are prone to tornadoes and other severe weather emergencies. 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b), 0.311 of the Rules,14 Great Plains Cable Television, Inc. IS GRANTED a waiver extension of Section 11.11(a) of the Rules until October 1, 2005 for the Elgin and Grant, Nebraska cable television systems. 7. IT IS FURTHER ORDERED that Great Plains Cable Television, Inc. place a copy of this waiver extension in its system files. 8. IT IS FURTHER
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- review, we conclude that Ross willfully violated Sections 11.35(a) and 73.3526(c)(1) of the Rules, and that it willfully and repeatedly violated Section 17.4 of the Rules, and we find no grounds to reduce or cancel the forfeiture amount proposed in the NAL. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,16 Jesse C. Ross and Ernestine A. Ross, licensee of Station WSAO(AM), in Senatobia, Mississippi, IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for its willful and repeated violation of Sections 17.4 of the Rules, and willful violation of Sections 73.3526(c)(1), and 11.35(a) of the Rules. 12. IT IS
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- that AAT willfully violated Section 17.50 of the Rules by failing to clean or repaint its antenna structure as often as necessary to maintain good visibility. We find that AAT is liable for the proposed forfeiture amount of ten thousand dollars ($10,000). IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 AAT Communications Corporation, Owner of Antenna Structure #1005728 near Harrisonville, Missouri IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for its willful violation of Section 17.50 of the Rules. 15. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the
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- according to generally accepted accounting practices; or (3) some other reliable and objective documentation that accurately reflects the petitioner's current financial status. Because Crystal Coast submitted none of this documentation, the Commission finds that a reduction on this basis is not warranted. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 Crystal Coast, IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand four hundred dollars ($2,400) for willfully and repeatedly violating Sections 11.61(a)(2)(i)(A) and 73.1820(a)(1)(C)(iii) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- Director of the Commission's Detroit, Michigan Field Office (``Detroit Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $7,000 to Paladen.3 Paladen has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act4 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,5 Paladen Communications, Inc., a/k/a CB Shop, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.815(b) and 2.815(c) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- evidence relating to this matter, we conclude that there are no substantial or material questions of fact as to whether Fort Wayne possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. 3. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended,3 and the authority delegated by sections 0.111 and 0.311 of the Commission's rules,4 the attached Consent Decree IS ADOPTED. 4. IT IS FURTHER ORDERED that the confidential complaint dated June 23, 2003, IS DISMISSED. 5. IT IS FURTHER ORDERED that the referenced investigation IS TERMINATED. 6. IT IS FURTHER ORDERED that copies of this Order shall be sent by regular first class mail and certified mail -
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- Statement. As a result of our review, we conclude that Mr. Dean willfully violated Sections 301 and 303(n) of the Act. We find no basis for cancellation or reduction of the $17,000 forfeiture proposed for these violations. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,12 Ward F. Dean IS LIABLE FOR A MONETARY FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willfully violating Sections 301 and 303(n) of the Act. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- forfeiture amount. We conclude that the proposed forfeiture, $50,000, is reasonable based on all the evidence in the record, including the most recent gross revenue information Arbros submitted.17 IV. ORDERING CLAUSES 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,18 Section 1.80(f)(4) of the Commission's rules,19 and authority delegated by Sections 0.111 and 0.311 of the Commission's rules,20 Arbros Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fifty thousand dollars ($50,000) for willfully or repeatedly violating Section 214 of the Act and Sections 63.61, 63.71, and 63.505 of the Commission's rules by discontinuing its domestic interstate access service in California, Delaware, Maryland, Massachusetts, New Jersey, New York, Pennsylvania,
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- the financial data and other information submitted by ASC and the present lack of real-time EAS video signal sources in American Samoa, we conclude that a temporary waiver of Section 11.11(a) for the captioned system is warranted until such time as a live EAS signal source is available in American Samoa.9 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,10 America Samoa Cable IS GRANTED a waiver of Section 11.11(a) of the Rules as set forth herein for the captioned cable television system. 6. IT IS FURTHER ORDERED that American Samoa Cable place a copy of this waiver in its system file. 7. IT IS FURTHER ORDERED that a copy of this Order shall
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- rules as a mitigating factor warranting a forfeiture reduction.9 We do, however, find that Forest has a history of overall compliance and, accordingly, reduce the forfeiture amount from four thousand dollars ($4,000) to three thousand two hundred dollars ($3,200) on that basis. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 Forest Electric Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand two hundred dollars ($3,200) for willfully and repeatedly violating Section 1.903(a) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- we conclude that there are no substantial or material questions of fact as to whether TON possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and the authority delegated by section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, DC 20554 ) File No. EB-04-IH-0142 In the Matter of ) ) Acct. No. 200532080008 TON Services,
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- well. As a result of our review, we conclude that Mr. Martin willfully violated Section 17.50 of the Rules, and we find that, although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $2,500 is appropriate. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules,14 Mr. Martin IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,500 for willfully violating Section 17.50 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of MCI IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date on which MCI must convert its informal complaints against the Defendants
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- As previously stated, the NAL took into account that Lebanon's public file was only partially incomplete, and downwardly adjusted the base forfeiture amount to $4,000. In the instant case, we do not believe a further reduction of the proposed forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,15 Lebanon Educational Broadcasting Foundation IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000.00) for willful violation of Section 73.3527(c)(1) of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- data and other information submitted by Cable One, we conclude that a temporary, eight-month waiver of section 11.11(a) for the two captioned systems is warranted.10 In particular, we find that the approximate $20,000 cost of installing EAS equipment for these small cable systems could impose an unnecessary financial expenditure for Cable One.11 6. Accordingly, IT IS ORDERED, pursuant to sections 0.111, 0.204(b) and 0.311 of the Rules,12 that Cable One, Inc.'s request for temporary waiver of section 11.11(a) of the Rules for the two captioned cable television systems is GRANTED consistent with the discussion and conclusions in this Order. 7. IT IS FURTHER ORDERED that Cable One, Inc. place a copy of this waiver in its system files. 8. IT IS
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that the Complainants must convert their informal complaint against
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- Consumer and Governmental Affairs Bureau Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 5. This Order is issued pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 C.F.R. 1.718. 2 See Judware v. Verizon, Order, DA 04-2837, 2004 WL 1944886 (F.C.C.) (September 1, 2004); Judware v. Verizon, Order, DA 04-1874, 2004 WL 1432325 (F.C.C.) (June 24, 2004); Judware v. Verizon,
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- private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and 203(c); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. (1996); 47 C.F.R.
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- private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and 203(c); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. (1996); 47 C.F.R.
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- us, we conclude that no substantial or material questions of fact exist as to whether RW Shop and/or Donald Mayer possess the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended,3 and Sections 0.111 and 0.311 of the Rules,4 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation into the matter described herein IS TERMINATED. 7. IT IS FURTHER ORDERED that RW Shop, Inc. and/or Donald Mayer shall make a voluntary contribution to the United States Treasury, as specified in the Consent Decree. Payment
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- conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act'')8 and The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,9 that no reduction of the proposed forfeiture is warranted. III. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act10 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,11 Michael David Oaks IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act. 6. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- result of our review, we find that Desert willfully and repeatedly violated Section 11.35 of the Rules, and we find that cancellation of the proposed monetary forfeiture is not warranted, but a reduction to six thousand four hundred dollars ($6,400) is appropriate. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,22 Desert Television LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand four hundred dollars ($6,400) for willfully and repeatedly violating Section 11.35 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- was repeated.3 Therefore, we need not address whether the violation was willful.4 We concur, however, with Louisa's assertion that the forfeiture should be reduced in light of its inability to pay. Accordingly, we reduce the forfeiture amount to two thousand dollars ($2,000). III. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,5 Louisa Communications IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for repeatedly violating Section 17.4(a)(2) of the Rules. 6. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- East Texas willfully violated Section 73.49 of the Rules, and that it willfully and repeatedly violated Section 17.4 of the Rules, but we find that the proposed forfeiture should be reduced to $8,000 for these violations because of its history of compliance. IV. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,17 East Texas Broadcasting, Inc., licensee of Station KPLT(AM), in Paris, Texas, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for its violation of Sections 17.4 and 73.49 of the Rules. 18. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Act, East Texas Broadcasting, Inc. must
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- Statement as well. As a result of our review, we conclude that Horizon's violation of Sections 1.903(a) and 90.425(a) of the Rules is willful27 and repeated28 and find that no reduction of the monetary forfeiture assessed in the Forfeiture Order is warranted. IV. ORDERING CLAUSES 19. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,29 Horizon Communications IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for its willful and repeated violation of Sections 1.903(a) and 90.425(a) of the Commission's Rules. 20. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- Country willfully and repeatedly violated Sections 17.4(g) and 17.50 of the Rules, and we find that, although cancellation of the proposed monetary forfeiture for violation of these rule sections is not warranted, reduction of the forfeiture amount is appropriate as indicated above. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,19 North Country Repeaters, owner of ASR number 1009975, on Rand Hill, Beekmantown, New York, IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for its violation of Sections 17.4(g) and 17.50 of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section
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- for these public file violations.19 After considering all the circumstances, we believe that Community's lack of prior violations warrants a reduction of the forfeiture to two thousand dollars. Accordingly, we reduce the forfeiture from twenty five hundred dollars to two thousand dollars. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,20 Community Broadcasting, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for its willful and repeated violation of Section 73.3526(a)(2) of the Rules at station KCRL-FM. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- a Notice of Violation in November 2001 regarding painting requirements for its Fayetteville, Missouri tower and thus does not have a history of overall compliance with the Commission's Rules.19 Consequently, in this case, we will impose the originally proposed forfeiture of $10,000. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,20 Aquila Communications, Inc, IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to exhibit obstruction lighting on its antenna structure in repeated violation of Section 17.51 of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
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- parties to follow the mandate of the New York Order and proceed to arbitration. We also convert the Complaint into an informal complaint for internal administrative purposes only. IV. ORDERING CLAUSES 28. Accordingly, IT IS ORDERED that, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 0.111, 0.311, and 1.727 of the Commission's rules, 47 C.F.R. 0.111, 0.311, and 1.727, Verizon's Motion to Dismiss or, in the Alternative, Defer, is GRANTED to the extent indicated herein. 29. IT IS FURTHER ORDERED that, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3, 1.716-1.718,
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- the forfeiture, we have no basis on which to analyze its claim. Accordingly, no reduction is warranted. Finally, although there is precedent for reducing or rescinding a forfeiture based on bankruptcy in certain circumstances,14 Portland Taxicab Company has not filed for bankruptcy. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,15 Portland Taxicab Company. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for willfully and repeatedly violating Sections 1.903(a), 90.210, 90.403(e) and 90.425(a) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- to the Enforcement Bureau no more than thirty (30) days following the release of this Order how she has achieved compliance with Section 11.35(a) of the Rules. The report must be submitted in the form of an affidavit signed by Aracelis Ortiz. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,15 Aracelis Ortiz IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for willfully violating Sections 73.1125(c) and 11.35(a) of the Rules. 15. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Act, Aracelis Ortiz must submit the report described in Paragraph 13, above, within no more than
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- Field Office (``Buffalo Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $7,000 to Beacon.2 Beacon has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Beacon Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 73.49 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order.
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- to pay. 11. Finally, we find that a reduction of the proposed forfeiture is warranted because of the Mr. Estrada's compliance record with the Commission's Rules. Accordingly, the forfeiture amount is reduced from ten thousand dollars ($10,000) to eight thousand dollars ($8,000). IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,15 Jorge L. Estrada IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willful violation of Section 1.903(a) of the Act. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- 8. Mr. Avena asserts that he does not have the financial means to pay the $10,000 forfeiture proposed in the NAL. After reviewing the financial information provided by Mr. Avena, we conclude that the proposed forfeiture amount should be reduced to $1,000.00. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 Angelo Avena IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for violation of Section 301 of the Act. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If
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- are laudable, post- violation actions are not relevant to our determination of appropriate forfeiture amount.17 Based upon the facts and circumstances presented here, we find the base amount of $4,000 to be the appropriate proposed forfeiture amount.18 IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended,19 and sections 0.111, 0.311 and 1.80 of the Commission's rules,20 Mid- Missouri Broadcasting, Inc., licensee of Station KOQL(FM), Ashland, Missouri, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,000 for willfully violating section 73.1206 of the Commission's rules on March 25, 2003.21 10. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the rules,22 within thirty
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- is incorporated by reference. 3. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We find that the public interest would be served by approving the Consent Decree and terminating the captioned investigation. 4. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Act, 47 U.S.C. 154(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree is ADOPTED. 5. IT IS FURTHERED ORDERED that the above captioned proceeding is TERMINATED. FEDERAL COMMUNICAITONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) File No. EB-TC-075 LCR Telecommunications, LLC ) NAL/Acct.
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- telephone facsimile machine, computer, or other device to send the five unsolicited advertisements to the consumers identified above. We have further determined that Elf Painting and Wallpapering is apparently liable for forfeiture in the amount of $22,500. 10. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and authority delegated by Sections 0.111 and 0.311 of the Rules, 47 C.F.R. 0.111, 0.311, that Elf Painting and Wallpapering is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of Twenty-Two Thousand Five Hundred Dollars ($22,500) for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. 64.1200(a)(3), and the
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- are not mitigating factors warranting reduction of a forfeiture.5 As a result of our review, we conclude that Exosphere willfully6 and repeatedly7 violated Sections 17.50 and 17.51 of the Rules. We affirm that a forfeiture in the amount of $10,000 is appropriate. III. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,8 Exosphere Broadcasting, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Sections 17.50 and 17.51 of the Rules. 6. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- Brokers, ``corrective action taken to come into compliance with Commission rules or policy is expected, and does not nullify or mitigate any prior forfeitures or violations.''9 We conclude that neither cancellation nor reduction of the proposed $4,000 monetary forfeiture is therefore warranted. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,10 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 Joselyn Gordon, as owner of Rescue Car Service, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willful and repeated violation of Section 90.403(a)(2) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- failed to exhibit any obstruction lighting during daytime hours on October 29 and 20, 2002 on its tower in violation of Section 17.51(b) of the Rules. Accordingly, we find that Crown Castle GT Company LLC repeatedly13 violated Section 17.51(b) of the Rules. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Crown Castle GT Company LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to exhibit required obstruction lighting during daytime hours in repeated violation of Section 17.51(b) of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80
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- statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that that a reduction of the forfeiture amount is warranted from thirteen thousand dollars ($13,000) to ten thousand dollars ($10,000). 20. IV. ORDERING CLAUSES 21. 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,19 Mr. Saunders IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.51 of the Rules, and the $3,000 forfeiture for violation of Section 17.4 of the Rules IS CANCELLED. 22. 23. 12. Payment of the forfeiture shall be made in the manner provided for
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- Enforcement Bureau no more than thirty (30) days following the release of this order how it plans to achieve compliance with Section 17.4(a). WLTH's report must be submitted in the form of an affidavit or declaration signed by an officer or director. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,17 WLTH Radio, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of sixteen thousand dollars ($16,000) for willfully and repeatedly violating Sections 17.4(a), 17.48 and 17.51(a) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Act, WLTH must submit the report described in Paragraph 12, above, no
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- a basis for reduction or cancellation of the forfeiture.7 IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act8 and Section 1.106 of the Rules,9 Mr. Louis's petition for reconsideration of the May 17, 2004, Forfeiture Order IS DENIED. 9. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act,10 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules),11 Mr. Rony Richard Louis IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- Lee is unavailable, you may contact Eric Bash by telephone at (202) 418-1420 and by e-mail at eric.bash@fcc.gov. Sincerely yours, William H. Davenport Chief Investigations and Hearings Division Enforcement Bureau cc: Philip L. Weinstein, Federal Defender Division Legal Aid Society Kristy Carroll, USAC David M. Siegal, Assistant United States Attorney, Southern District of New York _________________________ 1 See 47 C.F.R. 0.111(a)(14), 54.521. 2 Letter from William H. Davenport, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to John Dotson, Notice of Suspension and Proposed Debarment, 19 FCC Rcd 19662 (2004). 3 69 Fed. Reg. 62047 (Oct. 22, 2004). 4 See Notice of Suspension, 19 FCC Rcd at 19662-63 (imposing suspension pending the Bureau's final debarment determination) (Attachment 1). 5
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- (30) days following the release of this Order how it has achieved compliance with Section 73.1125 of the Rules for its main studio. Twenty-One's report must be submitted in the form of an affidavit signed by an officer or director of Twenty-One. II. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,21 Twenty-One Sound Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for its willful and repeated violation of Section 73.1125 of the Rules at station KKAC-FM. 14. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Act, Twenty-One must submit the report described in paragraph
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- the Commission's underwriting rules. We will not hesitate to take even stronger enforcement action against noncommercial educational licensees that engage in similarly egregious violations of our underwriting requirements. IV. ORDERING CLAUSES 11. In view of the foregoing, we conclude that a monetary sanction is appropriate. Accordingly, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80 of the Commission's rules, Christian Voice of Central Ohio, Inc., licensee of former noncommercial educational Station WCVZ(FM), South Zanesville, Ohio, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $20,000 for willfully and repeatedly broadcasting advertisements in violation of section 399B of the Act, 47 U.S.C. 399b, and section 73.503 of the
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- Enforcement Bureau (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $3,000 to Shadavrus.2 Shadavrus has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Shadavrus Capital Trust, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully and repeatedly violating Section 17.57 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- Enforcement Bureau, Tampa Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of seven thousand dollars ($7,000) for the referenced Rule violation.2 Metropolitan Radio Group, Inc., has not filed a response. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act3, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Metropolitan Radio Group, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for violating Section 73.49 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.8 Applying the Forfeiture Policy Statement and statutory factors to the instant case, we believe that a $3,000 proposed forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,9 and Sections 0.111, 0.311 and 1.80 of the Rules,10 Power Radio Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violating Section 73.875(c) of the Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,11 within thirty days of the release date of this Notice of Apparent Liability
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- In this case, taking all of these factors into consideration, we find that the NAL properly proposed that the base forfeiture amount is the appropriate sanction for the violation described above. Consequently, Emmis is liable for a forfeiture of Seven Thousand Dollars ($7,000.00). IV. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. 503(b), and 47 C.F.R. 0.111, 0.311 and 1.80, Emmis Radio License Corporation FORFEIT to the United States the sum of Seven Thousand Dollars ($7,000.00) for willfully violating 18 U.S.C. 1464 and 47 C.F.R. 73.3999. 17. Payment of the forfeiture may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture Collection Section, Finance Branch,
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of MCI IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date on which MCI must convert its informal complaints against the Defendants
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- we conclude that there are no substantial or material questions of fact as to whether SBC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and the authority delegated by section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3893A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3893A1.doc 3. http://transition.fcc.gov/eb/Orders/2004/DA-04-3893A2.html
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- that accurately reflects WCSS's current financial status. WCSS has not submitted such documentation and, therefore, cannot persuasively claim that it does not have the ability to pay the forfeiture. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended,22 Section 1.80(f)(4) of the Commission's rules,23 and authority delegated by Sections 0.111 and 0.311 of the Commission's rules,24 that World Communications Satellite Systems, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violating a Commission order by failing to respond to a directive of the Enforcement Bureau to provide certain information and documents. 13. Payment of the forfeiture shall be made in the manner provided
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- no substantial or material questions of fact with respect to this matter as to whether AT&T possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and the authority delegated by section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) File No. EB-04-IH-0271 ) AT&T Corp. ) Acct. No.
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- of the proposed forfeiture is warranted, given the circumstances surrounding Echonet's unauthorized operation and its compliance record with the Commission's Rules. Accordingly, the forfeiture amount is reduced from ten thousand dollars ($10,000) to four thousand dollars ($4,000). IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,12 Echonet Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for repeatedly violating Section 301 of the Act. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- (``Rules'').2 2. On October 6, 2004, the Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $14,000 to VIA.3 VIA has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act4, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,5 VIA Technologies, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- be a Commission licensee'' and therefore the Commission should initiate a proceeding requiring Western to show cause why its license for WRNX(FM) should not be revoked.43 Because we reject Saga's claims, Saga's request to initiate a revocation proceeding is dismissed as moot. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act,44 and sections 0.111, 0.311 and 1.80 of the Commission's rules,45 Saga Communications of New England, Inc., licensee of Station WLZX(FM), Northampton, Massachusetts, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of Four Thousand Dollars ($4,000) for apparently willfully violating section 73.1206 of the Commission's rules on January 25, 2001.46 15. IT IS FURTHER ORDERED THAT, pursuant to Section
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Verizon's request for extension IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of the Commission's rules, 47 C.F.R. 1.718, are hereby waived, and the date on which Verizon must convert its informal complaints against OCI into
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- violation took place or justify further mitigation or cancellation of the proposed forfeiture penalty. Based upon these facts and considering all of the circumstances present here, we find $ 4,000 to be the appropriate proposed forfeiture amount. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,19 and sections 0.111, 0.311 and 1.80 of the Commission's rules,20, Cumulus Licensing Corp., licensee of Station WSEA(FM), Atlantic Beach, South Carolina, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000.00) for apparently willfully violating section 73.1206 of the Commission's rules on March 7, 2003.21 8. IT IS FURTHER ORDERED THAT, pursuant to section 1.80
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- overall compliance with the Commission's rules and no reduction is warranted on this basis. 12. Finally, Moody questions the scrutiny given to its stations as compared to NPR stations. We note that this is not the proper forum for such a discussion. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,15 Moody Bible Institute of Chicago IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand ($5,000) for its willful violation of Section 73.3527(c) of the Rules at station KMDY-FM. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- violations of section 73.1206 by AMFM, its corporate parent, Clear Channel, and other licensees controlled by Clear Channel,33 we believe that an upward adjustment of the forfeiture amount for the unauthorized telephone conversation, to $8,000, is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,34 and sections 0.111, 0.311 and 1.80 of the Commission's rules,35 AMFM Radio Licenses, LLC, licensee of Station WKQI (FM), Detroit, Michigan, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of Eight Thousand Dollars ($8,000) for apparently willfully violating section 73.1206 of the Commission's rules on January 21, 2004.36 11. IT IS FURTHER ORDERED THAT, pursuant to section 1.80
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- Any informal complainant who does not submit such notice shall waive its right to convert its informal complaint into a formal complaint. 4. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 154(i), 154(j), 208, section 1.3 of the Commission's rules, 47 C.F.R. 1.3, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that section 1.718(a) of the Commission's rules, 47 C.F.R. 1.718(a), IS HEREBY WAIVED, with regard to the IPP EUCL informal complaints described herein and the deadline for the conversion and filing of these informal complaints into formal complaints is hereby extended to April 22, 2005. This waiver is effective
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- the Forfeiture Policy Statement as well. As a result of our review, we conclude that Citadel willfully and repeatedly violated Sections 73.1125(a) and 73.3526 of the Rules and that neither cancellation nor further reduction of the proposed $9,000 monetary forfeiture is warranted. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,18 Citadel Radio, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of nine thousand dollars ($9,000) for willfully and repeatedly violating Sections 73.1125(a) and 73.3526 of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- leaks ``regardless of their cause to ensure that their systems comply with our cable leakage standards which serve a critical safety purpose.''15 We thus find that Northland's argument is unavailing, and that reduction or cancellation of the proposed forfeiture is not warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,16 Northland Cable Properties VII, LP IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for its failure to comply with the cable signal leakage standards, in willful and repeated violation of Sections 76.605(a)(12) and 76.611(a)(1) of the Rules. 9. Payment of the forfeiture shall be made in the manner
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- the Policy Statement as well. As a result of our review, we conclude that Rama willfully and repeatedly violated Sections 11.35(a) and 73.3526(c)(1) of the Rules and we find no grounds to reduce or cancel the forfeiture amount proposed in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,16 Rama Communications, Inc., licensee of Station WLAA(AM), in Winter Garden, Florida, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eighteen thousand dollars ($18,000) for its willful and repeated violation of Sections 73.3526(c)(1) and 11.35(a) of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section
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- pursuant to the statutory factors above, and in conjunction with the Policy Statement. As a result of our review, we conclude that JMK willfully7 and repeatedly8 violated Sections 73.1745(a), 73.3526(e)(5), and 73.3526(e)(12) and impose a monetary forfeiture in the amount of $14,000. III. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,9 JMK Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willful and repeated violation of Sections 73.1745(a), 73.3526(e)(5), and 73.3526(e)(12) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- in conjunction with the Policy Statement as well. As a result of our review, we conclude that Cumulus willfully and repeatedly violated Section 17.50 of the Rules, and we find no basis for rescinding or reducing the $10,000 forfeiture for this violation. IV. ORDERING CLAUSES 19. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,19 Cumulus Licensing Corporation, owner of antenna structures #1052722 and #1052724 near Savannah, Georgia, IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for its violation of Section 17.50 of the Rules. 20. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Act, Cumulus Licensing Corporation must submit
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- pay. 10. We have examined Caprice's response to the NAL pursuant to the statutory factors above as well as in conjunction with the Policy Statement. As a result of our review, we conclude that a four thousand dollar ($4,000) forfeiture is warranted. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act10 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 Caprice Car Service II IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order.
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- the form of an affidavit signed by an officer or director of the licensee. If FFP fails to submit such a report or we find that FFP has not come into compliance with Section 17.51(b), we will consider further appropriate enforcement action. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,15 Florida Food Products, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for its willful and repeated violation of Section 17.4(a) of the Rules. 9. IT IS ALSO ORDERED that, pursuant Section 308(b) of the Act, FFP must submit the report described in Paragraph 10, above, within 30
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- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Lycom willfully and repeatedly violated Section 17.4(a) of the Rules and that neither cancellation nor reduction of the proposed $3,000 monetary forfeiture is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Lycom IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for failure to register its antenna structure, in willful and repeated violation of Section 17.4(a) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- Tekk claims that this is a first violation, and thus, that it has a prior history of overall compliance with the Commission's rules. We believe that reduction of the proposed monetary forfeiture to $3,200 for Tekk's history of overall compliance is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,9 Tekk Comm Communications IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand two hundred dollars ($3,200) for willfully and repeatedly violating Section 1.903(a) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- of the Rules granted to Millennium for the four cable systems are warranted.9 Nevertheless, we remind Millennium that the Commission has authorized cable systems serving fewer than 5,000 subscribers to install FCC certified decoder-only units, rather than both encoders and decoders.10 Such decoder-only units are available at a substantially lower cost.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b), 0.311 of the Rules,12 Millennium Digital Media Systems, L.L.C. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for the Echo Lake and Lake Roesinger, Washington cable television systems and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the Union City, Michigan and Forks, Washington cable television
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- Consumer and Governmental Affairs Bureau Federal Communication Commission 445 12th Street, S.W. Washington, D.C. 20554 5. This order is issued pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 C.F.R. 1.718. 2 See Judware v. Verizon, Order, DA 03-4110, 2003 WL 23095472 (F.C.C.) (December 31, 2003); Letter from Warren Firschein, Attorney, Market Disputes Resolution Division, Enforcement Bureau, FCC, to Christopher Karns, Attorney
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- when parties have failed to reach an accord during the two negotiation periods. We believe that a request for involuntary relocation, not the commencement of a license revocation proceeding, would produce the most expeditious result in this instance and serve the public interest, convenience, and necessity. IV. CONCLUSION 11. IT IS HEREBY ORDERED THAT, pursuant to the authority in sections 0.111 and 0.311 of the Commission's rules,32 the Motion for Revocation of Licenses, filed on October 16, 2001, by Nextel Communications, Inc. and Nextel Partners, Inc. against C&W Communications, Inc. and Steve Gill IS HEREBY DENIED. 12. IT IS FURTHER ORDERED THAT, pursuant to the authority in sections 0.111 and 0.311 of the Commission's rules,33 the Motion for Revocation of Licenses,
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- or authorization. 5. We deem the adopted Consent Decree to satisfy the requirements of the Citation provisions under subsections 503(b)(5)(A)-(B) of the Communications Act of 1934, as amended.2 6. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j), and 503(b)(5) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 503(b)(5), and the authority delegated by section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree IS ADOPTED. 7. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) File No. EB-03-IH-0366 ) Acct. No. 200432080021 WestCom Corporation
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- the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Joint Motion to Withdraw the Complaint with Prejudice IS GRANTED and that this proceeding is hereby terminated. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Letter from Nicole E. Paolini, counsel for Armstrong, to Jonathan Reel, attorney, Market Disputes Resolution
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that the Complainants must convert their informal complaint against
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- State's response to the NAL pursuant to the statutory factors above, and in conjunction with the Policy Statement. As a result of our review, we conclude that State willfully violated Section 73.49 of the Rules and affirm the forfeiture amount of $7,000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 State Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of Section 73.49 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Notice of Withdrawal of complaint is GRANTED, and that the Complaint is DISMISSED with prejudice. 4. IT IS FURTHER ORDERED that the above-captioned proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Notice of Withdrawal of Complaint, File
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- with the Policy Statement as well. As a result of our review, we conclude that Three Angels willfully and repeatedly violated Sections 17.4(a) and 17.21(a) of the Rules and that cancellation or reduction of the proposed $13,000 monetary forfeiture is not warranted. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 Three Angels IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen thousand dollars ($13,000) for failure to register and paint its antenna structure, in willful and repeated violation of Sections 17.4(a) and 17.21(a) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Act, Three Angels must
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- proposed forfeiture is warranted because of the compliance record of both Bonners Ferry and its parent company, Blue Sky Broadcasting with the Commission's Rules. Accordingly, the forfeiture amount is reduced from seven thousand dollars ($7,000) to five thousand, six hundred dollars ($5,600). IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and sections 0.111, 0.311 and 1.80(f) of the Rules,8 Radio Bonners Ferry IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand, six hundred dollars ($5,600) for willfully violating Section 73.49 of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- Failure to file such a status report will result in dismissal of the complaint for failure to prosecute.8 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-36, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Joint Motion to Dismiss Without Prejudice the Complaint against the Remaining Defendants IS GRANTED. 5. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3, 1.716-18, and 1.720-1.736 of the
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- cable system to request a waiver of section 11.11(a) of the Rules and to submit the information necessary to support a financial hardship showing.17 Any buyer that does not file a waiver request will be required to come into compliance with the EAS rules by the end of the 30-day period.18 7. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0.204(b) and 0.311 of the rules,19 Telecommunications Management, LLC d/b/a NewWave Communications' request for temporary waivers of section 11.11(a) of the Rules is GRANTED for the following systems, Fulton, Kentucky until June 1, 2004; Bolivar, Brownsville, and Ripley, Tennessee until January 1, 2005; Dyer and Bradford, Tennessee until March 1, 2005; Ashdown, Arkansas; Wheatland, Missouri; Chesterfield and Pageland, South Carolina;
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- on our review of the facts and circumstances of this case, we find that a forfeiture of $75,000 is appropriate, pursuant to section 503(b) of the Act and section 1.80 of the Commission's rules. V. ORDERING CLAUSES 19. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. 503(b), and sections 0.111, 0.311, and 1.80 of the Commission's rules, 47 C.F.R. 0.111, 0.311, and 1.80, BellSouth Telecommunications, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seventy-five thousand dollars ($75,000) for willfully and repeatedly violating section 53.203(a)(3) of the Commission's rules. 20. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, 47 C.F.R.
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- the form of an affidavit signed by an officer or director of the licensee. If NRS fails to submit such a report or we find that NRS has not come into compliance with Section 17.4(a), we will consider further appropriate enforcement action. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 NRS IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules. 14. IT IS ALSO ORDERED that, pursuant Section 308(b) of the Act, NRS must submit the report described in Paragraph 12, above, within 30 days from the release
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- (``New York Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'')2 in the amount of $4,000 to Ivette. Ivette has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``the Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Esperanza Gonzales d/b/a Ivette Car Service IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules5 within 30 days of the release of this
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- (``New York Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'')2 in the amount of $4,000 to Star. Star has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``the Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Star Car Service IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules5 within 30 days of the release of this Order. If the
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- with the Policy Statement as well. As a result of our review, we conclude that Horne willfully and repeatedly violated Section 73.1745(a) of the Rules. We also find that there is no basis for cancellation or reduction of the proposed monetary forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Horne IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willful and repeated violation of Section 73.1745(a) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- as to whether Vector possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. 4. The public interest will be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended,1 and Sections 0.111 and 0.311 of the Rules,2 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation of Vector IS TERMINATED. 7. IT IS FURTHER ORDERED that Vector Products, Inc. d/b/a Vector Manufacturing, Ltd. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a
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- Enforcement Bureau within 30 days of the release of this order outlining what measures it has taken or will take to correct the violation and ensure that this does not recur. SM Radio's report must be submitted in the form of an affidavit or declaration.4 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the (``Act''),5 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, SM Radio, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully violating Section 73.1125 of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules6 within 30 days of the release of this Order. If the forfeiture is
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- a result of our review, we conclude that Westshore willfully and repeatedly violated Sections 17.51, 17.57 and 73.49 of the Rules. We also conclude that, while cancellation of the proposed $20,000 monetary forfeiture is not warranted, a reduction to $12,000 is justified. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,20 Westshore Broadcasting, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for failure to light its antenna structure, to notify the Commission of a change in the antenna structure's ownership information, and to enclose the antenna structure within an effective locked fence, in willful and repeated violation of
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- conjunction with the Policy Statement, as well. As a result of our review, we conclude that Petracom willfully and repeatedly violated Sections 11.61(a)(2)(i)(A) and 73.3526(a)(2) of the Rules and that cancellation or reduction of the proposed $3,500 monetary forfeiture is not warranted. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act18, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules19, Petracom of Joplin, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand, five hundred dollars ($3,500) for willfully and repeatedly violating Sections 11.61(a)(2)(i)(A) and 73.3526(a)(2) of the Rules. For collection, the Commission will file a proof of claim at the appropriate time in Petracom's bankruptcy action.20 13. IT IS FURTHER
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- As a result of our review, we conclude that Trade Center willfully and repeatedly violated Section 73.3526(b) of the Rules and find that, although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $8,000 is appropriate. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Trade Center Management, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully and repeatedly violating Section 73.3526(b) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- therefore is entitled to attach to KCPL's poles pursuant to section 224 of the Act15 and the Commission's rules regarding pole attachments.16 9. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Joint Motion for Consent Order IS GRANTED. 10. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311
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- assess a $7,000 forfeiture.27 We further find Schumacher's commitment to comply with the marketing provisions of Section 2.803(c) in the future commendable, but such post-remedial measure does not lessen, mitigate, or excuse its past violations of the equipment marketing requirements.28 IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act29 and Sections 0.111, 0.311 and 1.80 of the Rules,30 Schumacher Electric Corporation IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 15. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of
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- Communications waives its right to a hearing, the Chief Administrative Law Judge (or the presiding officer if one has been designated) SHALL, at the earliest practicable date, ISSUE an order reciting the events or circumstances constituting a waiver of hearing, terminating the hearing proceeding, and certifying the case to the Commission. 9. IT IS FURTHER ORDERED that, pursuant to Section 0.111(b) of the Rules,17 the Enforcement Bureau shall serve as trial staff in this proceeding. 10. IT IS FURTHER ORDERED that, the burden of proceeding with the introduction of evidence and the burden of proof with respect to the issues specified above shall be on the Enforcement Bureau. 11. IT IS FURTHER ORDERED that a copy of this Order to Show
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- PLB-200.64 The Commission expects that corrective action will be implemented to bring past violations into compliance.65 However, such corrective action does not nullify or mitigate ACR's past marketing violations, and thus does not warrant any reduction in the proposed forfeiture.66 IV. ORDERING CLAUSES 26. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act67 and Sections 0.111, 0.311 and 1.80 of the Rules,68 ACR Electronics, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seventy five thousand dollars ($75,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 27. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days
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- in conjunction with the Policy Statement. As a result of our review, we conclude that Radio One, Infinity, and Telemundo, willfully and repeatedly violated Section 1.1310 of the Rules and the appropriate forfeiture amount is ten thousand dollars ($10,000) for each.103 IV. ORDERING CLAUSES 36. Accordingly, IT IS FURTHER ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, and 1.80 of the Rules, Radio One Licenses, LLC, licensee of FM station KKBT IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 1.1310 of the Rules. 37. IT IS FURTHER ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80 of the
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- the Commission's underwriting rules. We will not hesitate to take even stronger enforcement action against noncommercial educational licensees that engage in similarly serious violations of our underwriting requirements. IV. ORDERING CLAUSES 17. In view of the foregoing, we conclude that a monetary sanction is appropriate. Accordingly, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80 of the Commission's rules, Minority Television Project, Inc., licensee of noncommercial educational Station KMTP-TV, San Francisco, California, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $7,500 for willfully and repeatedly broadcasting advertisements in violation of section 399B of the Act, 47 U.S.C. 399b, and section 73.621 of the Commission's rules, 47
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- Docket No. 05-30 ) EB-02-TS-606 Grantee of Equipment ) Authorization for ) Learned Mode Remote Control ) Transmitter Devices, FCC ID Nos. MMORC0196N and MMORMC575 ORDER OF REVOCATION Adopted: April 15, 2005 Released: April 18, 2005 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. By this Order of Revocation, acting pursuant to authority delegated to the Enforcement Bureau under section 0.111(a)(17) of the Commission's rules,1 we revoke the above- captioned equipment authorizations held by Tung Shih Technology Co., Ltd. (``Tung Shih'') for its learned mode remote control devices (``learned mode transmitters''). We conclude, based upon the evidence described herein, that the learned mode transmitters manufactured by Tung Shih have the capability to transmit impermissibly on restricted frequencies specified in section 15.205(a)
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- RII, which is incorporated by reference herein. 3. We have reviewed the Consent Decree and evaluated the circumstances underlying the Bureau's investigation. We believe that the public interest would be served by adopting the Consent Decree and terminating the investigation. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended,1 and sections 0.111 and 0.311 of the Commission's rules,2 the Consent Decree attached hereto IS ADOPTED. 5. IT IS FURTHER ORDERED, that the investigation by the Enforcement Bureau IS TERMINATED. 6. IT IS FURTHER ORDERED, that copies of this Order shall be sent by certified mail, return receipt requested to Kenneth R. Noble II, President, Radio & Investments, Inc., 308 Verdunville Road, Franklin,
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- of the Rules. We find no basis for cancellation or reduction of the $4,000 forfeiture proposed for this violation. If Mitchell still wishes to request an installment plan, such request should be submitted to the address set forth in paragraph 10 below. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Dave Mitchell IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willful and repeated violation of Section 1.903(a) of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules13 within thirty (30) days of the release of
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- Esq., United States Department of Justice, Antitrust Division Kristy Carroll, Esq., USAC _________________________ 1 United States v. Inter-Tel Technologies, Inc., No. CR-04- 399-CRB, Plea Agreement (N.D.Cal. filed Dec. 8, 2004) (``Inter-Tel Plea Agreement''). The Order accepting this plea agreement was signed by the Court on January 5, 2005, and entered on January 10, 2005. 2 47 C.F.R. 54.521; 47 C.F.R. 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. 54.521). 3 47 C.F.R. 54.521(a)(4). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-9227, 67-74 (2003) (``Second Report and Order''). 4 Second Report and Order, 18 FCC Rcd
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111, 0.311, and 1.716-1.718 of the Commission's rules, 47 C.F.R. 0.111, 0.311, and 1.716- 1.718, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Formal Complaint of Broadview Networks, Inc., File No. EB-03- MD-021 (filed Dec. 30, 2003) (``Complaint''). 2 Joint Notice
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 0.111, 0.311, and 1.1401- 1.1418, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Lisa B. Griffin Deputy Chief, Market Disputes Resolution Division _________________________ 1 Letter from Yaron Dori, Hogan & Hartson, L.L.P., to Marlene H. Dortch, Secretary, Federal Communications Commission, File No. EB-05-MDIC-0011
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- Policy Statement. As a result of our review, we conclude that WBLT willfully and repeatedly violated Section 17.4(a) of the Rules. We find no basis for cancellation or reduction of the $3,000 forfeiture proposed for these violations. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,10 WBLT, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand hundred dollars ($3,000) for willfully and repeatedly violating Section 17.4(a) of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- that Mr. McKinney willfully violated Section 301 of the Act. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $1,000 is appropriate based on Mr. McKinney's demonstrated inability to pay. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,13 Danny R. McKinney IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully violating Section 301 of the Act. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Dacres.2 Mr. Dacres has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Samuel E. Dacres IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly operating an FM radio transmitter without a license in violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- Policy Statement. As a result of our review, we conclude that Pembroke willfully and repeatedly violated Section 301 of the Act. We find no basis for cancellation or reduction of the $10,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,15 Pembroke Square Associates IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Universal willfully and repeatedly violated Section 301 of the Act. We also conclude that neither cancellation nor reduction of the proposed $10,000 monetary forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules12, Universal Network Television, LLC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Act. 11. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must
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- must be signed by an officer or director of Source. Source also must submit an affidavit, signed by an officer or director of Source, notifying the Commission when the structure has been brought into full compliance with the rules. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Source USA, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully and repeatedly violating Sections 17.4(a) and 17.51(a) of the Rules and willfully and repeatedly failing to respond to Commission correspondence. 5. IT IS FURTHER ORDERED that Source shall file the plan described in paragraph 3 above within
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- the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 for WRN is warranted. Because we have confirmed WRN's claim that it has no history of Commission violations, we further reduce the forfeiture amount to $4,000.20 IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act21 and Sections 0.111, 0.311 and 1.80 of the Rules,22 WRN IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for the willful and repeated violations of Section 301 of the Act and Section 25.102(a) of the Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,23 within thirty days of
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- of Commission rules32 ordinarily would warrant a proposed forfeiture above the base amount, we find that those factors are counter- balanced here by the licensee's good-faith efforts to remedy the situation prior to our initiation of this investigation.33 IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended,34 and sections 0.111, 0.311, and 1.80 of the Commission's rules,35 that Capstar TX Limited Partnership is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Four Thousand Dollars ($4,000) for willfully violating section 73.1216 of the Commission's rules. 12. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty days of the release of this
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- in conjunction with the Policy Statement as well. As a result of review, we conclude that Statcom willfully and repeated violated Section 1.903(a) of the Rules and we find no grounds to reduce or cancel the forfeiture amount proposed by the NAL. IV. ORDERING CLAUSES 18. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,17 Statcom Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for willful violation of Section 1.903(a) of the Act. 19. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- Orleans Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Kennedy.2 Mr. Kennedy has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Scottie E. Kennedy IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully operating a radio transmitter without a license in violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $20,000 to Vector.2 Vector has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Vector Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for willfully and repeatedly failing to exhibit red obstruction lighting on its antenna structures in violation of Section 17.51(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mega Communications.2 Mega Communications has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Mega Communications of St. Petersburg, Licensee L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully failing to comply with prescribed antenna structure painting and lighting specifications in violation of Section 17.21 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in
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- we conclude that Hawking is apparently liable for a $22,000 forfeiture. We further find Hawking's promise to correct the violations is commendable, but such remedial measures do not lessen, mitigate, or excuse its past violations of the equipment marketing requirements.29 IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act30 and Sections 0.111, 0.311 and 1.80 of the Rules,31 Hawking Technologies, Inc., IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-two thousand dollars ($22,000) for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803(a) and 15.204(a) of the Rules. 14. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty
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- at diana.lee@fcc.gov. If Ms. Lee is unavailable, you may contact Hillary DeNigro by telephone at (202) 418-1420 and by e-mail at hillary.denigro@fcc.gov. Sincerely yours, William H. Davenport Chief Investigations and Hearings Division Enforcement Bureau cc: Gerald Lord, Miller, Poole & Lord, LLP Kristy Carroll, USAC (E-mail) Marty Carlson, United States Attorney, Middle District of Pennsylvania (E-mail) _________________________ 1See 47 C.F.R. 0.111(a)(14), 54.521. 2Letter from William H. Davenport, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to John Henry Weaver, Notice of Suspension and Proposed Debarment, 20 FCC Rcd 5130 (Inv. & Hearings Div., Enf. Bur. 2005) (Attachment 1). 370 Fed. Reg. 12883 (Mar. 16, 2005). 4See Notice of Suspension, 20 FCC Rcd at 5130-32. 5See 47 C.F.R. 54.521(e)(3) and
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- 9300 East Hampton Drive Capitol Heights, MD 20743 If you have any questions, please contact Ms. Lee via mail, by telephone at (202) 418-0843 or by e-mail at diana.lee@fcc.gov. Sincerely yours, William H. Davenport Chief Investigations and Hearings Division Enforcement Bureau cc: Carla Stern, Assistant United States Attorney, DOJ (E- mail) Kristy Carroll, Esq., USAC (E-mail) _________________________ 1See 47 C.F.R. 0.111(a)(14), 54.521. 2Letter from William H. Davenport, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Qasim Bokhari, Notice of Suspension and Proposed Debarment, 20 FCC Rcd 3603 (Inv. & Hearings Div., Enf. Bur. 2005) (Attachment 1). 370 Fed. Reg. 9647 (Feb. 28, 2005). 4See id., 20 FCC Rcd at 3603-06. 5See 47 C.F.R. 54.521(e)(3) and (4). That date
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- v. Morrett, Criminal Docket No. 03-337, Information at 4 (M.D.Pa. filed December 8, 2003) (``Morrett Information''); United States v. Morrett, Criminal Docket No. 03-337, Plea Agreement at 1-2 (M.D.Pa. filed Dec. 8, 2003) (``Morrett Plea Agreement''); United States v. Morrett, Criminal Docket No. 03-337, Judgment (M.D.Pa. filed May 16, 2005 and entered May 18, 2005). 247 C.F.R. 54.521; 47 C.F.R. 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. 54.521). 347 C.F.R. 54.521(a)(4). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-9227, 67- 74 (2003) (``Second Report and Order''). 4Second Report and Order, 18 FCC Rcd at
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- 9300 East Hampton Drive Capitol Heights, MD 20743 If you have any questions, please contact Ms. Lee via mail, by telephone at (202) 418-0843 or by e-mail at diana.lee@fcc.gov. Sincerely yours, William H. Davenport Chief Investigations and Hearings Division Enforcement Bureau cc: Carla Stern, Assistant United States Attorney, DOJ (E- mail) Kristy Carroll, Esq., USAC (E-mail) _________________________ 1See 47 C.F.R. 0.111(a)(14), 54.521. 2Letter from William H. Davenport, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Haider Bokhari, Notice of Suspension and Proposed Debarment, 20 FCC Rcd 3599 (Inv. & Hearings Div., Enf. Bur. 2005) (Attachment 1). 370 Fed. Reg. 11972 (Mar. 10, 2005). 4See id., 20 FCC Rcd at 3599-3602. 5See 47 C.F.R. 54.521(e)(3) and (4). That date
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- of the Act, and Sections 17.21(a), 17.47, 17.48 and 17.49 of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Lotus Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for repeatedly violating Section 303(q) of the Act, and Sections 17.21(a), 17.47, 17.48 and 17.49 of the Rules. 25 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- ) Permit for a New ) Facility ID No. 94199 Noncommercial Educational FM ) File No. BPED-19990907MG Station in Daingerfield, Texas ) MEMORANDUM OPINION AND ORDER Adopted: July 6, 2005 Released: July 7, 2005 By the Acting Chief, Enforcement Bureau: I. INTRODUCTION 1. By this Memorandum Opinion And Order, acting pursuant to authority delegated to the Enforcement Bureau under section 0.111(a)(17) of the Commission's rules,1 we dismiss the above- captioned proceeding pursuant to section 1.92(d) of the Commission's rules.2 We conclude, based on the evidence described herein that KEGG Communications, Inc. (``KCI'') surrendered the license for FM translator Station K216EQ, Daingerfield, Texas and that the Media Bureau canceled that authorization.3 We further note that the presiding Administrative Law Judge (``Presiding Judge'')
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- Shih waives its right to a hearing, the Chief Administrative Law Judge (or the presiding officer if one has been designated) SHALL, at the earliest practicable date, ISSUE an order reciting the events or circumstances constituting a waiver of hearing, terminating the hearing proceeding, and certifying the case to the Commission. 11. IT IS FURTHER ORDERED that, pursuant to Section 0.111(b) of the Rules,14 the Enforcement Bureau shall serve as trial staff in this proceeding. 12. IT IS FURTHER ORDERED that, the burden of proceeding with the introduction of evidence and the burden of proof with respect to the issues specified above shall be on the Enforcement Bureau. 13. IT IS FURTHER ORDERED that a copy of this Order to Show
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- providing its financial statements, HBS has neither submitted, nor cited to, any other evidence supporting its claim of financial hardship.14 However, in recognition of the fact that HBS has maintained heretofore a good overall compliance record, we will reduce the forfeiture from $10,000 to $8,000.15 5. Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act16, and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules,17 Hispanic Broadcast System, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for its willful and repeated broadcast of advertisements in violation of section 73.503(d) of the Commission's rules and section 399B of the Act. 6. Payment of the forfeiture must be made in the manner provided
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- related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the enforcement proceeding. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended,2 and Sections 0.111 and 0.311 of the Rules,3 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's enforcement proceeding IS TERMINATED. 7. IT IS FURTHER ORDERED that Sprint Spectrum L.P. d/b/a Sprint PCS will make a voluntary contribution to the United States Treasury in the amount of thirty-five thousand dollars ($35,000) within 30 calendar
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- private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary McEnery, Deputy Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and 203(c); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. (1996); 47 C.F.R. 69.1
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- private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary McEnery, Deputy Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and 203(c); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. (1996); 47 C.F.R. 69.1
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- private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary McEnery, Deputy Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and 203(c); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. (1996); 47 C.F.R. 69.1
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- private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary McEnery, Deputy Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and 203(c); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. (1996); 47 C.F.R. 69.1
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- incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by approving the Consent Decree and terminating the investigation. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended,4 and the authority delegated by sections 0.111 and 0.311 of the Commission's Rules,5 the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the forfeiture proceeding against Kermit L. Dilworth, Jr. IS TERMINATED. 6. IT IS FURTHER ORDERED that copies of this Order shall be sent by regular first class mail and certified mail - return receipt requested, to Kermit L. Dilworth at his address
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- of the associated time and resources of the parties and the Commission, and will promote the private resolution of disputes.5 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 224, sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 1.1401-1.1418, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Formal Complaint, File No. EB-03-MD-020 (filed Dec. 17, 2003). 2 47 U.S.C. 224. 3 47 C.F.R. 1.1409. 4
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- hearing.11 Consequently, we hereby designate the matter for hearing before a Commission administrative law judge to provide Mr. Cox with an opportunity to demonstrate why his license should not be revoked. IV. ORDERING CLAUSES 6. ACCORDINGLY, IT IS ORDERED that, pursuant to sections 312(a) and (c) of the Communications Act of 1934, as amended,12 and authority delegated pursuant to sections 0.111, 0.311, and 1.91(a), of the Commission's rules,13 David Edward Cox is hereby ORDERED TO SHOW CAUSE why his authorization for Amateur Radio Advanced Class License W5OER SHOULD NOT BE REVOKED. David Edward Cox shall appear before an administrative law judge at a time and place to be specified in a subsequent order and provide evidence upon the following issues: (a)
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- Orleans Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Mr. Loflin.3 Mr. Loflin has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),4 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,5 David M. Loflin IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly operating a station on an unauthorized channel in violation of Section 73.1350(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- forfeiture is warranted, given Silva's voluntary surrender of his operating equipment and his amateur license, and his ability to pay. Accordingly, the forfeiture amount is reduced from twenty thousand dollars ($20,000) to five hundred dollars ($500). IV. ORDERING CLAUSES 8. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Raimundo P. Silva IS LIABLE FOR A MONETARY FORFEITURE in the amount of $500 for willfully and repeatedly violating Section 301 of the Act.14 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- readiness condition, failing to maintain a main studio in compliance with the Rules, and failing to maintain a complete public inspection file. We find it appropriate to reduce the forfeiture for these violations from $25,000 to $18,000. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,26 Twenty-One Sound Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eighteen thousand hundred dollars ($18,000) for willfully and repeatedly violating Sections 11.35(a), 73.1125(a) and 73.3526(a) of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation or reduction of the $7,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Hightech CB Shop IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and 2.803(a) of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- the private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Formal Complaint, File No. EB-05-MD-005 (filed Apr. 21, 2005). 2 47 U.S.C. 201, 202, and 203. 3 Joint Request for
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- including that of Stations KLMO and KSKE. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act16 and Section 1.106 of the Rules,17 Pilgrim Communications, Inc.'s petition for reconsideration of the May 19, 2004 Forfeiture Order IS hereby DENIED. 8. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,18 Pilgrim Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand dollars ($11,000) for willful and repeated violation of Section 73.1125(a) of the Rules and willful violation of Sections 73.1560(a) and 73.1745(a) of the Rules. 9.Payment of the forfeiture shall be made in the manner provided in Section 1.80 of
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- nor reduction of the forfeiture is appropriate. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act15 and Section 1.106 of the Rules,16 Pilgrim Communications, Inc.'s petition for reconsideration of the May 19, 2004 Forfeiture Order IS hereby DENIED. 7. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,17 Pilgrim Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of nineteen thousand dollars ($19,000) for willful and repeated violation of Sections 11.35, 73.1125(a), 73.1560(a) and 73.1745(a) of the Rules. 8.Payment of the forfeiture shall be made in the manner provided in Section 1.80 of the Rules within 30 days of the
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Therefore, we grant NIBC's request and dismiss the application for review with prejudice. 4. Accordingly, IT IS ORDERED that, pursuant to Sections 1, 4(i) and 4(j) of the Act,3 and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules,4 New Inspiration Broadcasting Co., Inc.'s February 14, 2005, application for review IS DISMISSED WITH PREJUDICE. 5. IT IS FURTHER ORDERED that a copy this Order shall be sent by regular mail and by certified mail, return receipt requested, to counsel for Uniradio Corp., Mark C. Del Bianco, Esq., 3929 Washington Street, Kensington, Maryland 20895,
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- If Ms. Lee is unavailable, you may contact Eric Bash by telephone at (202) 418-1420 and by e-mail at eric.bash@fcc.gov. Sincerely yours, William H. Davenport Chief Investigations and Hearings Division Enforcement Bureau cc: Brian Perry, Esq., Nealson & Gover Kristy Carroll, Esq., USAC (E-mail) Marty Carlson, Esq., Assistant United States Attorney, Middle District of Pennsylvania (E-mail) _________________________ 1See 47 C.F.R. 0.111(a)(14), 54.521. 2Letter from William H. Davenport, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Ronald R. Morrett, Jr., Notice of Suspension and Proposed Debarment, 20 FCC Rcd 10888 (Inv. & Hearings Div., Enf. Bur. 2005) (Attachment 1). 370 Fed. Reg. 40360 (Jul. 13, 2005). 4See Notice of Suspension, 20 FCC Rcd at 10888-91. 5See 47 C.F.R.
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- review, we conclude that Mr. Vera-Maury willfully violated Section 73.49 of the Rules. However, consistent with Mr. Vera-Maury's claim, we reduce the proposed forfeiture to $5,600 based on Mr. Vera- Maury's history of compliance with the Rules. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Angel Vera-Maury IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand six hundred dollars ($5,600) for willfully violating Section 73.49 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- that Mr. Riels willfully violated Section 301 of the Act. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $650 is appropriate based on Mr. Riels' demonstrated inability to pay. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,15 Jeremy R. Riels IS LIABLE FOR A MONETARY FORFEITURE in the amount of six hundred fifty dollars ($650) for willfully violating Section 301 of the Act. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- is no demonstrated inability to pay and thus no basis for reduction of the forfeiture amount. IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act and Section 1.106 of the Rules, Mr. Clephar's petition for reconsideration IS DENIED. 6. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,6 Mr. Clephar IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violating Section 301 of the Act. 7. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules7 within 30 days of the release of this Order. If the forfeiture is not
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- District Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Mr. Guerrero.2 Mr. Guerrero has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Rafael C. Guerrero IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly failing to maintain operational EAS equipment at KRSC(AM), Othello, Washington, in violation of Section 11.35 of the Rules.5 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Bee Taxi Corporation.2 Bee Taxi Corporation has neither paid the NAL nor filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Bee Taxi Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order.
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- pay. We agree with Snow Hill, however, that the proposed forfeiture of $10,000 is in excess of the amount assessed in the past for similar public file violations. We therefore reduce the forfeiture to $4000 because the public file was partially complete.10 IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 Snow Hill Broadcasting, L.L.C., IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willful and repeated violations of 73.3526(e)(6), 73.3526(e)(8), 73.3526(e)(9), and 73.3526(e)(12) of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30)
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- compliance with Commission rules or policy is expected, and does not nullify or mitigate any prior forfeitures or violations.''11 14. We do find, however, that based on Mr. Senatus's demonstrated inability to pay, the proposed forfeiture amount should be reduced to $2,500. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Jean L. Senatus IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand five hundred dollars ($2,500) for willful and repeated violation of Section 301 of the Act. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of
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- ``Act'').1 2. On July 30, 2004, the Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $20,000 to PSN.2 PSN has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act3, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Pacific Spanish Network, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty thousand dollars ($20,000) for willfully and repeatedly violating the express terms and conditions of its Section 325(c) permit. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended,2 and Sections 0.111 and 0.311 of the Rules,3 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that Endless Mountains Wireless will make a voluntary contribution to the United States Treasury in the amount of twenty thousand dollars ($20,000) within 30 calendar days after the Effective Date of the Adopting Order. Payment of the forfeiture must be made
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- the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended,3 and sections 0.111 and 0.311 of the commission's rules,4 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, DC 20554 ) File No. EB-04-IH-0519 In the Matter of ) ) Acct. No. 200532080146 Locus Telecommunications, Inc. )
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- this extension to all waivers in place, whether or not the cable system has filed a request. Although we deny the petitioners' requests for longer extensions of their temporary waivers of section 11.11(a), we reserve the right to revisit this proceeding as the March 1, 2006 date approaches. IV. ORDERING CLAUSE 10. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,14 Vista III Media, L.L.C.; Oldtown Community Systems, Inc.; Northland Cable Properties, Inc.; Neu Ventures, Inc., d/b/a Mountain Zone TV Systems; Galaxy Cable, Inc.; Long View Cable and Data, LLC; Upper Peninsula Communications, Inc.; Prairieburg Telephone Company, Inc.; Project Services, Inc.; Clearview Cable, Inc.; Long Lines Metro, LLC; Tex-Tech, Inc.; Carson Communications, LLC; Nepsk, Inc.,
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- we conclude that temporary waivers of section 11.11(a) of the rules its cable television systems in Havensville and Onaga, Kansas, are warranted. In particular, we find that the estimated $20,000 cost to purchase and install EAS equipment at these recently acquired cable television systems could impose a financial hardship on Carson. 3. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0.204(b) and 0.311 of the rules,11 Carson Communications, Inc.'s request for temporary waivers of section 11.11(a) of the rules is GRANTED until October 1, 2005, for its cable television systems in Havensville and Onaga, Kansas.12 4. IT IS FURTHER ORDERED that Carson Communications, Inc. place a copy of this waiver in its system files. 5. IT IS FURTHER ORDER that
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- private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Lisa B. Griffin Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 U.S.C. 208. 2 See Formal Complaint, File No. EB-01-MD-017 (filed Aug. 28, 2001) (``Complaint''). The Complaint requested
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- we hereby dismiss it without prejudice. IV. ORDERING CLAUSES 28. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 208 and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 201(b), 208, and 276, sections 1.720-1.736 and 64.1300-64.1320 of the Commission's rules, 47 C.F.R. 1.720-1.736, 64.1300-64.1320, and the authority delegated pursuant to sections 0.111 and 0.131 of the Commission's rules, 47 C.F.R. 0.111, 0.131, that Complainants' claims under sections 201(b) and 276 of the Act are GRANTED. 29. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), 208, and 416 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 208, and 416, sections 1.720-1.736 and 64.1300-64.1320 of the Commission's rules, 47
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- inability to pay. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED THAT, pursuant to Section 40522 of the Act and Section 1.106 of the Rules,23 FMG's July 8, 2004 Petition for Reconsideration of the Enforcement Bureau's Forfeiture Order issued on June 8, 2004 IS DENIED. 15. IT IS ALSO ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,24 Fun Media Group IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully violating Section 17.50 of the Rules. 16. Payment of the forfeiture shall be made in the manner provided in Section 1.80 of the Rules within 30 days of the release of the Order. If the
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- no substantial or material questions of fact with respect to this matter as to whether ART or First Avenue possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended,2 and the authority delegated by section 0.111 and 0.311 of the Commission's Rules3, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau _________________________ 1 47 C.F. R. 1.9020. 2 47 U.S.C. 154(i). 3 47 C.F.R. 0.111, 0.311. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2672A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2672A1.doc 3. http://transition.fcc.gov/eb/Orders/2005/DA-05-2672A2.html
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- 3. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the investigation. 4. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and the authority delegated by section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the above captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) File No. EB-04-IH-0469 ) MCI, Inc. ) Account No.
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- Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $17,000 to Mr. Sims.3 Mr. Sims has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended,4 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,5 Russell A. Sims, Jr. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for operating a citizens band radio station without Commission authorization and refusing to make his station available for inspection in violation of Sections 301 and 303(n) of the Act and Section 95.426(a) of the Rules. 4. Payment of
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- the violation of Section 11.35 of the Rules, but conclude that Clamor willfully and repeatedly violated Section 73.1125 of the Rules. We find no basis for cancellation or reduction of the $7,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,14 the forfeiture in the amount of eight thousand dollars ($8,000) for violation of Section 11.35 of the Rules proposed in the November 16, 2004 Notice of Apparent Liability issued to Clamor Broadcasting Network Inc. IS CANCELED. 11. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as
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- (``Kansas City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Ms. Salazar.2 Ms. Salazar has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Maria L. Salazar IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violation of Sections 11.35(a) and 73.3526(e) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- procedural rules. V. ORDERING CLAUSE 16. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 201(b), 208, and 276, and sections 1.3, 1.711-1.736, and 64.1300-64.1320 of the Commission's rules, 47 C.F.R. 1.3, 1.711-1.736, 64.1300- 64.1320, and the authority delegated pursuant to sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Complainants' motion for partial waiver of section 1.718 of the Commission's rules IS GRANTED to the extent set forth above, and is otherwise DENIED. FEDERAL COMMUNICATIONS COMMISSION Kris A. Monteith Chief, Enforcement Bureau _________________________ 1 47 C.F.R. 1.3, 1.727. 2 APCC Services, et. al., v. NetworkIP, LLC and Network
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- prerecorded advertising messages identified above. We have further determined that Septic Safety is apparently liable for a forfeiture in the amount of $14,500. 11. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. 503(b)(5),24 and section 1.80 of the Commission's rules, 47 C.F.R. 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Septic Safety, Inc. IS hereby NOTIFIED of an Apparent Liability for Forfeiture in the amount of $14,500 for willful or repeated violations of section 227(b)(1)(B) of the Act, 47 U.S.C. 227(b)(1)(B), section 64.1200(a)(2) of the Commission's rules, 47 C.F.R. 64.1200(a)(2), and the related orders described above. 12. The Commission
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- ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended,16 and Section 1.106 of the Commission's Rules,17 Twenty- One Sound Communications, Inc.'s petition for reconsideration of the July 27, 2005 Forfeiture Order IS hereby DENIED. 12. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,18 Twenty-One Sound Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of eighteen thousand dollars ($18,000) for willful and repeated violation of Sections 11.35(a), 73.1125(a), and 73.3526(a) of the Rules. 13. Payment of the $18,000 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended,3 and sections 0.111 and 0.311 of the Commission's rules,4 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, DC 20554 ) File No. EB-04-IH-0652 In the Matter of ) ) Acct. No. 200632080006 United Networks International, )
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- in the absence of material new information not previously disclosed to the Bureau, the matters raised in the investigation do not raise any substantial and material questions of fact regarding CenturyTel's qualifications to be a Commission licensee. 4. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended,2 and the authority delegated by sections 0.111 and 0.311 of the Commission's rules,3 that the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) CenturyTel, Inc. ) File No. EB-03-TC- 121 ) NAL Acct. No. 200632170001 Compliance
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- Commission licensee, SDN's is charged with the responsibility for knowing and complying with the terms of its authorizations, the Act and the Rules, including the requirement to timely renew the authorizations and maintain operating authority for its three earth stations.27 IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act28 and Sections 0.111, 0.311 and 1.80 of the Rules,29 SDN IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand dollars ($19,000) for its apparent willful and repeated violations of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,30 within
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- adjustment of the proposed aggregate forfeiture from $6,500 to $5,200 is warranted because Journal made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action.24 IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act25 and Sections 0.111, 0.311 and 1.80 of the Rules,26 Journal IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand, two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,27
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- the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we reduce the forfeiture proposed for this violation to $5,600, based on Family's history of compliance with the Rules. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Family Educational Association Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand six hundred dollars ($5,600) for willfully and repeatedly violating Section 73.1350(a) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- not explain the degree to which this information is commercial or financial or contains a trade secret as required by Section 0.459(b)(3), or explain how disclosure of such information could result in substantial competitive harm as required by Section 0.459(b)(5), we deny its request for confidentiality of this information. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311, 0.459(c) and 0.459(d)(2) of the Rules,20 that the Confidentiality Request filed on March 25, 2005 by Antenna System and Supplies, Inc. IS GRANTED IN PART AND DENIED IN PART as described herein. 10. IT IS FURTHER ORDERED, pursuant to Section 0.459(g) of the Rules, that Antenna System and Supplies, Inc. may file an application for review of this denial
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- private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaints ARE DISMISSED WITH PREJUDICE in their entirety and the proceedings ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary McEnery, Deputy Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and 203(c); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. (1996); 47 C.F.R. 69.1
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- we conclude that Gerritsen willfully and repeatedly violated Section 333 of the Act. Considering the entire record and the factors listed above, we find that neither reduction or cancellation of the proposed $21,000 forfeiture is warranted IV. ORDERING CLAUSES 20. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jack Gerritsen IS LIABLE FOR A MONETARY FORFEITURE in the amount of $21,000 for willfully and repeatedly violating Section 333 of the Act.31 21. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- we conclude that Gerritsen willfully violated Sections 321(b) and 333 of the Act. Considering the entire record and the factors listed above, we find that neither reduction or cancellation of the proposed $21,000 forfeiture is warranted IV. ORDERING CLAUSES 17. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jack Gerritsen IS LIABLE FOR A MONETARY FORFEITURE in the amount of $21,000 for willfully violating Sections 321(b) and 333 of the Act.26 18. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- Order. V. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended,17 and Section 1.106 of the Commission's Rules,18 Hightech CB Shop's petition for reconsideration of the July 27, 2005 Forfeiture Order IS hereby DENIED. 11. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,19 Hightech CB Shop IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 302(b) of the Act and Section 2.803(a) of the Rules. 12. Payment of the $7,000 forfeiture shall be made in the manner provided for in Section 1.80 of the
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- the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we reduce the forfeiture proposed for this violation to $2,400, based on Arcom's history of compliance with the Rules. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Arcom Communications IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand four hundred dollars ($2,400) for willfully and repeatedly violating Section 17.4(a) of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- conclude that Schikora and the Horner Trust willfully and repeated violated Section 17.57. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $3,000 forfeiture is warranted IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Gary M. Schikora and the George Horner Trust ARE LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully and repeatedly violating Section 17.57 of the Rules.12 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- the unauthorized frequency until six months after it first was warned of the unauthorized operation by the New York Office. 13. We do find, however, that based on Classic's demonstrated inability to pay, the proposed forfeiture amount should be reduced to $2,500. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 Classic Car Service Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand five hundred dollars ($2,500) for willful and repeated violation of Section 1.903(a) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- Policy Statement. As a result of our review, we conclude that Forsberg willfully and repeatedly violated Section 17.4(a) of the Rules. We find no basis for cancellation or reduction of the $6,000 forfeiture proposed for these violations. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,13 T.A. Forsberg, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand hundred dollars ($6,000) for willfully and repeatedly violating Section 17.4(a) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- with specific types of lighting to ensure air safety.15 We therefore cancel the forfeiture as to antenna structure #1006025. Considering the entire record and the factors listed above, we find that a $3,000 forfeiture is warranted. IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, ACS Wireless IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully and repeatedly violating Section 17.57 of the Rules.16 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- of our review, we conclude that Butterfield willfully and repeated violated Section 73.49. Considering the entire record and the factors listed above, we find that neither reduction or cancellation of the proposed $7,000 forfeiture is warranted IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Butterfield Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 73.49 of the Rules.16 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of MCI, Inc. IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date on which MCI must convert its informal complaints against the
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- repeatedly violated Sections 11.35, 73.840, 73.845, and 73.1660(a)(2) of the Rules. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $10,000 is appropriate based on Halifax's demonstrated inability to pay. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,21 Halifax Christian Community Church, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Sections 11.35, 73.840, 73.845, and 73.1660(a)(2) of the Rules by failing to install and maintain operational Emergency Alert System equipment and operating overpower with a non-certified transmitter from an
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- possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act,3 and Sections 0.111 and 0.311 of the Rules,4 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that Perfect Fit Industries, Inc. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and
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- by identifying the need to obtain separate certification for the devices and submitting a purchase order for final testing and certification prior to the Enforcement Bureau's issuance of the letter of inquiry. Accordingly, we reduce the forfeiture amount from $25,000 to $20,000.24 IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act25 and Sections 0.111, 0.311 and 1.80 of the Rules,26 Bureau D'Electronique Appliquee, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days
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- the Commission's underwriting rules. We will not hesitate to take even stronger enforcement action against noncommercial educational licensees that engage in similarly serious violations of our underwriting requirements. IV. ORDERING CLAUSES 13. In view of the foregoing, we conclude that a monetary sanction is appropriate. Accordingly, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80 of the Commission's rules, Hispanic Broadcast Systems, Inc., licensee of noncommercial educational Station WQQZ(FM), Clermont, Florida, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000 for willfully and repeatedly broadcasting advertisements in violation of section 399B of the Act, 47 U.S.C. 399b, and section 73.503 of the Commission's rules, 47 C.F.R.
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- a result of our review, we conclude that Kimtron willfully and repeatedly violated Sections 11.35(a), 11.61(a)(1)(i), and 11.61(a)(2)(i)(A) of the Rules, but we find that the forfeiture for these violations should be reduced to $4,800 because of Kimtron's history of past compliance.15 IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,16 Kimtron, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand eight hundred dollars ($4,800) for its willful and repeated violation of Sections 11.35(a), 11.61(a)(1)(i), and 11.61(a)(2)(i)(A) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 224, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Joint Motion IS GRANTED, that the proceeding IS DISMISSED WITH PREJUDICE, and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Motion for Enforcement of Commission Memorandum Opinion and Order and Forfeiture, File No. EB-04-MD-011 (filed
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- City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Mr. Westcott.2 Mr. Westcott has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Paul D. Westcott IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly failing to respond to Commission requests for information about his station. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- no substantial or material questions of fact with respect to this matter as to whether Comcast possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and the authority delegated by section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of. ) ) File No. EB-04-IH-0465 ) Comcast Corporation ) Acct.
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- States Attorney, DOJ (E- mail) Kristy Carroll, Esq., USAC (E-mail) _________________________ 1United States v. Bokhari et al, Case No. 04-CR-0056-RTR, Superceding Indictment (E.D.WI filed September 24 2004 and entered October 4, 2004) (``Bokhari Superceding Indictment''); United States v. Haider Bokhari, Case No. 04- CR-0056-RTR, Judgment (E.D.WI filed January 28, 2005 and entered February 3, 2005). 247 C.F.R. 54.521; 47 C.F.R. 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. 54.521). 347 C.F.R. 54.521(a)(4). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-9227, 67-74 (2003) (``Second Report and Order''). 4Second Report and Order, 18 FCC Rcd at 9225,
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- Stern, Assistant United States Attorney, DOJ (E- mail) Kristy Carroll, Esq., USAC (E-mail) _________________________ 1United States v. Bokhari et al, Case No. 04-CR-0056-RTR, Plea Agreement (E.D.WI filed and entered October 22, 2004) (``Qasim Bokhari Plea Agreement''); United States v. Qasim Bokhari, Case No. 04-CR-0056-RTR, Judgment (E.D.WI filed January 28, 2005 and entered February 3, 2005). 247 C.F.R. 54.521; 47 C.F.R. 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. 54.521). 347 C.F.R. 54.521(a)(4). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-9227, 67-74 (2003) (``Second Report and Order''). 4Second Report and Order, 18 FCC Rcd at 9225,
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- possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act,3 and Sections 0.111 and 0.311 of the Rules,4 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that St. Louis Music, Inc. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and
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- present time.1 Accordingly, we hereby GRANT the complainants' request to withdraw this complaint without prejudice and TERMINATE this proceeding. 2. This Order is issued pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, sections 1.720-1.722 of the Commission's rules, 47 C.F.R. 1.720-1.722, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr, Division Chief Market Disputes Resolution Division Enforcement Bureau Law Offices BLOOSTON, MORDKOFSKY, DICKENS, DUFFY & PRENDERGAST 2120 L Street, NW Washington, DC 20037 AFFILIATED SOUTH AMERICAN OFFICES ESTUDIO JAUREGUI & ASSOCIATES BUENOS AIRES, ARGENTINA ROBERT M. JACKSON OF COUNSEL PERRY W. WOOFTER LEGISLATIVE CONSULTANT
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- Commission's rules,15 within 30 days following the issuance of an order re-converting the Complaint back to active status. 7. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 224, and sections 1.1401-1418 of the Commission's rules, 47 C.F.R. 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Texas and Kansas City Cable Partners, L.P., d/b/a Time Warner Cable's Complaint be converted to an inactive complaint with a file number of EB-05-MDIC-0011 and a filing date of December 3, 2004. 8. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Communications Act of
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- on the record before us, we conclude that our investigation raises no substantial or material questions of fact as to whether Brevard possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended,3 and the authority delegated by sections 0.111 and 0.311 of the Commission's rules,4 the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the complaints against Brevard dated September 10 and December 12, 2003, ARE DISMISSED. 6. IT IS FURTHER ORDERED that the investigation by the Enforcement Bureau IS TERMINATED. 7. IT IS FURTHER ORDERED that copies of this Order shall be sent by regular
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- Act of 1934, as amended,5 and Parts 2 and 15 of the Rules.6 PFI then filed a Motion to Withdraw the pending Application for Review.7 2. In this Order, we grant PFI's Motion to Withdraw and dismiss its Application for Review. In addition, we vacate our October 18, 2004 confidentiality ruling. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 0.111 and 0.311 of the Rules,8 PFI's Motion to Withdraw IS GRANTED and its Application for Review IS DISMISSED. 4. IT IS FURTHER ORDERED that the confidentiality ruling issued on October 18, 2004, Perfect Fit Industries, Inc., 19 FCC Rcd 19889 (Enf. Bur., Spectrum Enf. Div., 2004), IS VACATED. 5. IT IS FURTHER ORDERED that a copy of this Order shall
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- or policy is expected, and does not nullify or mitigate any prior forfeitures or violations.''14 However, consistent with O'hana's claim, we do find that it has a history of overall compliance with the Commission's rules and reduce the forfeiture amount to $6,400. III. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,15 O'hana Radio Partners IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand four hundred dollars ($6,400) for willful and repeated violation of Section 11.35(a) of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- 2004. After reviewing Dead Air's response, and the specific record before us, we conclude that the proposed monetary forfeiture against Dead Air should be cancelled, and Dead Air should be admonished for its violation of Section 17.4(a) of the Rules. 3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended4 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,5 the proposed $3,000 forfeiture issued to Dead Air Broadcasting, Inc. IS CANCELLED. 4. IT IS FURTHER ORDERED that Dead Air Broadcasting, Inc., IS ADMONISHED for failure to register its tower. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail, Return Receipt Requested, to
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- Consumer and Governmental Affairs Bureau Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 5. This Order is issued pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311. FEDERAL COMMUNICATIONS COMMISSION Lisa B. Griffin, Deputy Division Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 C.F.R. 1.718. 2 See Judware v. Verizon, Order, DA 05-6, 2005 WL 22880 (F.C.C.) (January 5, 2005); Judware v. Verizon, Order, DA 04-2837, 2004 WL 1944886 (F.C.C.) (September 1, 2004); Judware v.
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of MCI IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date on which MCI must convert its informal complaints against the Defendants
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that OCI's request for extension IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of the Commission's rules, 47 C.F.R. 1.718, are hereby waived, and the date on which OCI must convert its informal complaints against OCI into
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether WVRM possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended,3 and the authority delegated by sections 0.111 and 0.311 of the Commission's rules,4 the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the complaints against WVRM dated August 14, 2002, and March 15, 2004, ARE DISMISSED. 6. IT IS FURTHER ORDERED that the investigation by the Enforcement Bureau IS TERMINATED. 7. IT IS FURTHER ORDERED that copies of this Order shall be sent by
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- 3. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the investigation. 4. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and the authority delegated by section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the above captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-543A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-543A1.doc 3. http://transition.fcc.gov/eb/Orders/2005/DA-05-543A2.html
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- circumstances presented here, we find that NOE is apparently liable in the amount of $10,000 for violating the telephone broadcast rule on two occasions, $6,000 for the September 12 recording and $4,000 for the September 25 recording. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended,37 and sections 0.111, 0.311 and 1.80 of the Commission's rules,38 NOE, LLC, licensee of Station KNOE-TV, Monroe, Louisiana, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000.00 for apparently willfully and repeatedly violating section 73.1206 of the Commission's rules. 16. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the rules,39 within thirty (30) days of
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CCG possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended,3 and the authority delegated by sections 0.111 and 0.311 of the Commission's rules,4 the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the complaints against CCG dated October 3, 2002 and February 3, 2003,5 ARE DISMISSED. 6. IT IS FURTHER ORDERED that the investigation by the Enforcement Bureau IS TERMINATED. 7. IT IS FURTHER ORDERED that copies of this Order shall be sent by
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- Weaver, Criminal Docket No. 03-337, Information at 4 (M.D.Pa. filed December 8, 2003) (``Weaver Information''); United States v. Weaver, Criminal Docket No. 03-337, Plea Agreement at 1-2 (M.D.Pa. filed December 8, 2003) (``Weaver Plea Agreement''); United States v. Weaver, Judgment (M.D.Pa. filed on March 1, 2005 and entered on March 4, 2005) (``Weaver Judgment''). 2 47 C.F.R. 54.521; 47 C.F.R. 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. 54.521). 3 47 C.F.R. 54.521(a)(4). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-9227, 67- 74 (2003) (``Second Report and Order''). 4 Second Report and Order, 18 FCC
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- adjustment from the base amount is warranted here, particularly in light of Scripps Howard's decision to repeat the offending broadcast after Mr. Olson complained to the station. We therefore propose a forfeiture of $6,000 in this instance. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended,31 and sections 0.111, and 1.80 of the Commission's rules,32 Scripps Howard Broadcasting Company, licensee of Station WEWS-TV, Cleveland, Ohio, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $6,000 for apparently willfully violating section 73.1206 of the Commission's rules. 14. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the rules, within thirty (30) calendar days of
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- and termination of operations. While we cancel the proposed forfeiture, we admonish Mallard for its willful and repeated violation of the cable signal leakage standards as set forth in Sections 76.605(a)(12) and 76.611(a)(1) of the Commission's Rules.20 IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,21 that the proposed forfeiture in the amount of eight thousand dollars ($8,000) issued to Mallard Cablevision in the May 25, 2004 Notice of Apparent Liability for willful and repeated violations of Sections 76.605(a)(12) and 76.611(a)(1) of the Rules IS CANCELLED. 8. IT IS FURTHER ORDERED that Mallard Cablevision IS ADMONISHED for its willful
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- NAL until January 31, 2005.3 The Anchorage Resident Agent granted the extension of time until January 31, 2005.4 Coleman, however, has failed to file a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Chester P. Coleman c/o American Radio Brokers, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $24,000 for willfully and repeatedly violating Sections 73.1125(a) and (e), 73.1740(a)(1) and 73.1745(b) of the Rules. 5 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
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- we will require, pursuant to Section 308(b) of the Act,5 ARB, Inc. to report to the Enforcement Bureau, within thirty (30) days of the release of this Order, whether it has achieved compliance with Section 17.51(a) of the Rules. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, American Radio Brokers, Inc., d/b/a/ Radio Station KFFR 1020, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $13,000 for willfully and repeatedly violating Section 303(q) of the Act, and Sections 17.48(a) and 17.51(a) of the Rules. 6 5. IT IS ALSO ORDERED that, pursuant to Section 308(b) of the Act, American
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- the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Joint Motion IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 11 Formal Complaint, File No. EB-03-MD-017 (filed Oct. 23, 2003) (``Complaint''). 2 47 U.S.C. 208. 3
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of MCI, Inc. IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date on which MCI must convert its informal complaints against the
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- All other rules relating to formal complaints apply in their entirety, including sections 1.725- 1.736 of the Commission's rules.31 IV. ORDERING CLAUSES 25. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 154(i), 154(j), 208, section 1.3 of the Commission's rules, 47 C.F.R. 1.3, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that on or before April 22, 2005, informal complainants submit notice of intent to proceed as specified above. Any informal complainant that does not provide such notice waives its right to convert its informal complaint into a formal complaint for damages. 26. IT IS FURTHER ORDERED, pursuant to sections
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- M.B. Communications continues to operate station WYLF in excess of the station's authorized power. Accordingly, we direct M.B. Communications to report to Regional Counsel for the Northeast Region within thirty (30) days, whether station WYLF is operating consistent with the station's authorization. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules15, M.B. Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand dollars ($11,000) for repeated violations of 73.1560(a)(1), 73.1745(a), and 73.49 of the Rules. M.B. Communications made a ``good faith'' payment on August 31, 2004, and thus the balance due is nine thousand dollars ($9,000). 14. IT IS FURTHER ORDERED
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- Consumer and Governmental Affairs Bureau Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 5. This Order is issued pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311. FEDERAL COMMUNICATIONS COMMISSION Lisa B. Griffin, Deputy Division Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 C.F.R. 1.718. 2 See Judware v. Verizon, Order, DA 04-3467, 2004 WL 2434283 (F.C.C.) (November 1, 2004); Judware v. Verizon, Order, DA 04-2837, 2004 WL 1944886 (F.C.C.) (September 1, 2004); Judware v.
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- revise its station identification announcements in order to comply with section 73.1201. As the Commission has held previously, however, a licensee's post-investigation remedial efforts are irrelevant to our consideration of the appropriate penalty in a forfeiture proceeding.11 IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80 of the Commission's Rules,12 Leighton Enterprises, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for willfully and repeatedly broadcasting station identification announcements in violation of section 73.1201 of the Commission's rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's rules,13 within thirty days of
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- the Commission's underwriting rules. We will not hesitate to take even stronger enforcement action against noncommercial educational licensees that engage in similarly serious violations of our underwriting requirements. IV. ORDERING CLAUSES 12. In view of the foregoing, we conclude that a monetary sanction is appropriate. Accordingly, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80 of the Commission's rules, Caguas Educational TV, Inc., licensee of noncommercial educational Station WLAZ(FM), Kissimmee, Florida, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000 for willfully and repeatedly broadcasting advertisements in violation of section 399B of the Act, 47 U.S.C. 399b, and section 73.503 of the Commission's rules, 47 C.F.R.
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- review of the financial documentation provided, we conclude that payment of the proposed forfeiture would impose financial hardship on Mr. Goodman. In view of Mr. Goodman's extreme financial distress, cancellation of the $10,000 forfeiture assessment is warranted.6 IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80(f)(4) of the Rules,7 the forfeiture in the amount of ten thousand dollars ($10,000) proposed in the September 14, 2004, Notice of Apparent Liability for Forfeiture issued to Milton Goodman IS CANCELLED. 6. IT IS FURTHER ORDERED that a copy of this Memorandum Opinion and Order shall be sent by First Class and Certified Mail Return Receipt Requested
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- Field Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $8,000 to Cibao Express. Cibao Express has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Cibao Express - Car & Limo Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating 47 C.F.R. S 1.903(a). 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release
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- us, we conclude that WTMR willfully and repeatedly violated Section 73.1745(a) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $4,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, WTMR License Limited Partnership IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willful and repeated violated of Section 73.1745(a) of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the
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- the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau 47 U.S.C. S 254. 47 C.F.R. SS 1.1157, 52.17, 54.706, 54.711, 64.604, 64.1195. 47 U.S.C. S 154(i). 47 C.F.R. SS 0.111, 0.311. Federal Communications Commission
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- for Forfeiture ("NAL") in the amount of $13,000 to El Dorado. Despite repeated contacts by the Los Angeles Office, El Dorado has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, El Dorado 900, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $13,000 for willfully and repeatedly violating of Section 303(q) of the Act, and Sections 17.23, 17.47, 17.48, and 17.57 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- to $4,000 is warranted because Gilmore made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action and because of Gilmore's history of overall compliance. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Gilmore IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand ($4,000) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days
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- public interest by promoting the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Act, 47 U.S.C. 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111, 0.311, and 1.720-1.736 of the Commission's rules, 47 C.F.R. 0.111, 0.311, and 1.720-1.736, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division _________________________ 1 Letter to Lisa B. Griffin and Anthony J. DeLaurentis, FCC, from Frank G. Lamancusa, counsel for GCI, and James F. Bendernagel,
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- regular mail by the United States Postal Service, and by hand by the Idaho County Sheriff's Department. Despite these contacts, Scrugham has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, William W. Scrugham, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- of section 227 of the Act and the Commission's rules and orders by delivering at least two unsolicited, prerecorded advertising messages to two consumers. 13. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S 503(b), section 1.80 of the Commission's rules, 47 C.F.R. S 1.80, and authority delegated by sections 0.111 and 0.311 of the Rules, 47 C.F.R. SS 0.111, 0.311, that Septic Safety, Inc., and all of its affiliated companies, including Environmental Safety International, Inc., Environmental Products International, Environmental Products, EPI, EPIU, DJC Holding Company, SAACA Industries, Inc., EPI, Inc., and ESI Products, SHALL FORFEIT to the United States Government the sum of $9,000 for willfully and repeatedly violating the
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- that AGF has a history of compliance and that it voluntarily disclosed the violations to Commission staff. Accordingly, on the basis of AGF's history of compliance and voluntary disclosure, we are downwardly adjusting the proposed forfeiture from $29,000 to $20,000. IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, American General Finance, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for its apparent willful and repeated violations of Section 301 of the Act, and Sections 25.102(a) and 25.117(a) of the Rules. 6. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
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- the forfeiture. 12. In sum, Section 1.80(b)(4) of the Rules sets a base forfeiture amount of $3,000 for failing to file a required form. In the instant case, we do not believe a reduction or cancellation of the proposed forfeiture is warranted. IV. ordering Clauses 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Power Radio Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000.00) for a violation of Section 73.875(c) of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- we conclude that Major willfully and repeatedly violated Section 301 of the Act. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, William Stephen Major IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- by failing to ensure the operational readiness of the EAS equipment at KCEC-FM. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $8,000 forfeiture is warranted. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Farmworkers Educational Radio Network, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for repeatedly violating Section 11.35 of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- repeatedly violated Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $7,000 forfeiture is warranted. IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, TravelCenters of America IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- Accordingly, we require, pursuant to Section 403 of the Act,26 that Ramsey submit a report within 30 days of the date of this NAL describing the steps it has taken to come into compliance with the Act and the Rules. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act27 and Sections 0.111, 0.311 and 1.80 of the Rules,28 Ramsey Electronics, Inc., IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803(a) and 2.815(b) of the Rules. 15. IT IS FURTHER ORDERED that, pursuant to Section 403 of the Act, Ramsey Electronics,
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- incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by approving the Consent Decree and terminating the investigation. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's Rules, the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the forfeiture proceeding against Gene A. Fricke IS TERMINATED. 6. IT IS FURTHER ORDERED that copies of this Order shall be sent by regular first class mail and certified mail - return receipt requested, to Gene A. Fricke at his address of
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- possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that AMAC shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center
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- requested relief remaining for us to grant. Accordingly, we dismiss the Complaint as moot. IV. Ordering Clause 16. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. SS 254(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. SS 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. SS 0.111 and 0.311, that the Defendant's Motion to Dismiss IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE as moot, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris A. Monteith Chief, Enforcement Bureau Complaint, File No. EB-05-MD-002 (filed Feb. 1, 2005) ("Complaint"). 47 U.S.C. S 208. 47 U.S.C. SS
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- or highly profitable entities, such as AboCom, could expect forfeitures higher than those reflected in the base amounts. Accordingly, applying the Forfeiture Policy Statement and statutory factors to the instant case, we conclude that AboCom is apparently liable for a $25,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, AboCom Systems, Inc., IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 13. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of
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- Field Office (``Boston Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Simon.2 Simon has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Sylvane Simon IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If
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- forfeiture is appropriate in this case. Specifically, we conclude that the violation occurred due to inadequate planning and control, and not due to a deliberate attempt to deceive or to favor a particular contestant or class of contestants. V. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Commission's rules, that NM Licensing, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for willfully and repeatedly violating section 73.1216 of the Commission's rules. 12. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty (30) days of the release of this Notice,
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- Although we conclude that the unique circumstances in this case justify rescission of the $3,000 forfeiture imposed on AFA, we remind the licensee that, in the future, its responses to Commission inquiries should be complete and timely filed unless it has actively sought and received express Commission consent to do otherwise. 3. ACCORDINGLY, IT IS ORDERED, that pursuant to sections 0.111 and 0.311 and 1.113 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311 and 1.113, the $3,000 forfeiture imposed in the Order on Reconsideration, released on June 23, 2006, IS HEREBY CANCELED. 4. IT IS FURTHER ORDERED, that a copy of this Order shall be sent by certified mail, return receipt requested, to Patrick J. Vaughn, General Counsel, American Family
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- conjunction with the Forfeiture Policy Statement. We find no basis for cancellation of the forfeiture, but do find that reduction of the forfeiture amount from $4,000 to $3,200 based on New Life's history of compliance is appropriate. IV. ORDERING CLAUSES 16. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, New Life Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for violation of Section 73.3526 of the Rules. 17. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that AWID shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center
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- a downward adjustment of the proposed aggregate forfeiture from $6,500 to $5,200 is warranted because Lazer made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Lazer IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of five thousand, two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within
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- hearing. Consequently, we hereby designate the matter for hearing before a Commission administrative law judge to provide Mr. Landis with an opportunity to demonstrate why his license should not be revoked. IV. ORDERING CLAUSES 6. ACCORDINGLY, IT IS ORDERED that, pursuant to sections 312(a) and (c) of the Communications Act of 1934, as amended, and authority delegated pursuant to sections 0.111, 0.311, and 1.91(a), of the Commission's rules, Robert D. Landis is hereby ORDERED TO SHOW CAUSE why his authorization for Amateur Radio Advanced Class License N6FRV SHOULD NOT BE REVOKED. Robert D. Landis shall appear before an administrative law judge at a time and place to be specified in a subsequent order and provide evidence upon the following issues: (a)
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- M.B. Communications did not claim an inability to pay in response to the NAL. 47 U.S.C. S 503(b). 47 C.F.R. S 1.80. 12 FCC Rcd. 17087 (1997), recon. denied, 15 FCC Rcd. 303 (1999). 47 U.S.C. S 503(b)(2)(D). PJB Communications of Virginia, Inc., 7 FCC Rcd 2088, 2089 (1992). 47 U.S.C. S 405. 47 C.F.R. S 1.106. 47 C.F.R. SS 0.111, 0.311, and 1.80(f)(4). M.B. Communications made a "good faith" payment of $2,000 on August 31, 2004, and thus the total amount due will be $9,000. 47 U.S.C. S 504(a). See 47 C.F.R. S 1.1914. (...continued from previous page) (continued....) Federal Communications Commission DA 06-1604 2 Federal Communications Commission DA 06-1604 References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1604A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1604A1.doc
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- the agent advised him of the statutory requirement for him to do so and in response to two official requests by a Commission representative. We find no basis for cancellation or reduction of the proposed $17,000 forfeiture. IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Matthew H. Britcher IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willful and repeated violation of Sections 301 and 303(n) of the Act. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- 18 and April 19, 2006, by operating radio transmitting equipment at 2550 Middle Road, Bettendorf, Iowa, on 103.3 MHz without the required Commission authorization. We find no basis for cancellation or reduction of the proposed $10,000 forfeiture. IV. ORDERING CLAUSES 16. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jason L. Duncan IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willful and repeated violation of Section 301 of the Act. 17. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the NAL. 4. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by section 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned NAL is terminated. FEDERAL COMMUNICATIONS COMMISSION __________________________ Kris A. Monteith Chief, Enforcement Bureau Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) ) ) In the Matter of ) File No. EB-06-TC-058 Alltel Corporation ) NAL/Acct. No. 2000632170002 Notice
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- to pay, and the seriousness of this violation as described above, we find that the base amount is appropriate in this instance. Under these circumstances, we believe that a forfeiture in the amount of $11,000 is warranted. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Intelsat North America LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand dollars ($11,000) for willfully violating Section 1.17 of the Commission's rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within 30 days of the release date
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- ("Rules"). 2. On June 5, 2006, the Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $4,000 to Gilmore. Gilmore has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Gilmore Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- we conclude that Kojo willfully and repeatedly violated Section 301 of the Act. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Kojo Worldwide Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- it has amended its authorization to accurately reflect the location of the transmitter. If Anderson fails to comply with this directive, we may begin forfeiture proceedings against Anderson for failing to comply with a Commission order. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Anderson Desk Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 16. IT IS FURTHER ORDERED that Anderson Desk Company SHALL FILE, within ten (10) days of the release of this Notice, a report with the District Director, San Diego
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- conclude that More Enterprises willfully and repeatedly violated Section 301 of the Act. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, More Enterprises Communications Network, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- we conclude that Uniradio willfully and repeatedly violated Section 301 of the Act. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Uniradio Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- Reconsideration and it is dismissed as untimely. IV. ORDERING CLAUSES 4. Accordingly, IT IS ORDERED that, pursuant to Section 405(a) of the Act and Section 1.106(f) of the Rules, the Petition for Reconsideration filed by Paladen Communications, Inc., a/k/a CB Shop, IS DISMISSED as untimely. 5. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Paladen Communications, Inc., a/k/a CB Shop, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.815(b) and 2.815(c) of the Rules. 6. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- we conclude that Krieger willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $4,000 forfeiture is warranted. IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Norman Krieger, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- we conclude that Lamkin willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $4,000 forfeiture is warranted. IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Lamkin Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- inability to pay does not provide adequate financial documentation. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.106(j) of the Rules, the Petition for Reconsideration filed by Gibson Tech Ed, Inc. d/b/a/ Hobbytron.com, IS DENIED. 9. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Gibson Tech Ed, Inc., d/b/a Hobbytron.com, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $14,000 for willful and repeated violation of Section 302(b) of the Act and Section 2.803(a) of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- and repeatedly violated Sections 1.903(a) and 90.425(a) of the Rules. We find no basis for cancellation of the forfeiture, but do find that reduction of the forfeiture amount from $5,000 to $4,000 based on Brasfield & Gorrie's history of compliance is appropriate. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Brasfield & Gorrie, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for violation of Sections 1.903(a) and 90.425(a) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- 1.106 of the Rules, that the Petition for Extension of Time to file an Application for Review and the Petition for Acceptance of Petition for Reconsideration, filed by Lotus Communications Corporation, ARE DENIED, and the Petition for Reconsideration filed by Lotus Communications Corporation IS DISMISSED. 12. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's Rules, Lotus Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violating Section 303(q) of the Act, and Sections 17.21(a), 17.47, 17.48 and 17.49 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- contacted the Division's staff stating that Gilmore had paid the forfeiture. Counsel submitted a copy of a $4,000 check sent to the Commission date-stamped June 23, 2006. The payment included the NAL/Acct. No. and FRN No. referenced above. We conclude that Gilmore has presented valid proof of payment of the forfeiture. 2. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311 and 1.113 of the Rules, the Forfeiture Order issued to Gilmore Broadcasting Corporation on August 21, 2006 IS RESCINDED. 3. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail return receipt requested to counsel for Gilmore Broadcasting Corporation, Martha E. Heller, Esq., Wiley Rein & Fielding LLP, 1776
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- the Rules, and willfully violated Section 73.3526(a) of the Rules. We find no basis for cancellation of the proposed forfeiture but do find that reduction of the forfeiture amount from $21,000 to $16,800 based on 127, Inc.'s history of compliance is appropriate. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, 127, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $16,800 for willful and repeated violation of Sections 73.1125(a) and 73.1745 of the Rules and willful violation of Section 73.3526(a) of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
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- regard. ^, IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, Jason Konarz's petition for reconsideration of the October 8, 2004 Forfeiture Order IS hereby DENIED. 8. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jason Konarz IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful and repeated violation of Sections 11.35(a), 73.1745(a), and 73.3526(c) of the Rules. For collection, the Commission will file a proof of claim at the appropriate time in Jason Konarz's bankruptcy action. 9. IT IS FURTHER
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- ordered the assets of Pacnet be turned over to Kremen. Despite repeated contacts by the San Diego Office, neither Pacnet, nor Kremen, has filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Pacnet Incorporated, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act by operating a microwave radio station without authorization. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- ordered the assets of Pacnet be turned over to Kremen. Despite repeated contacts by the San Diego Office, neither Pacnet, nor Kremen, has filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Pacnet Incorporated, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act by operating a microwave radio station without authorization. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation or reduction of the $8,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, West Coast Broadcasting IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully and repeatedly violating Section 73.1350(a) of the Rules and willfully violating Section 73.1560(b) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
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- in conjunction with the Forfeiture Policy Statement. We find no basis for cancellation of the forfeiture, but do find that reduction of the forfeiture amount from $11,000 to $8,800 based on Hacienda's history of compliance is appropriate. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Hacienda San Eladio, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,800 for violation of Sections 73.1350(a) and 73.3526 of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- repeatedly violated Section 302(b) of the Act, and Section 2.803(a)(2) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $7,000 forfeiture is warranted. IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Clegg Industries, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for repeatedly violating Section 302(b) of the Act, and Section 2.803(a)(2) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- by failing to ensure the operational readiness of the EAS equipment at KBSZ(AM). Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $8,000 forfeiture is warranted. IV. ORDERING CLAUSES 16. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Richard A. & Joann R. Peterson ARE LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for repeatedly violating Section 11.35 of the Rules. 17. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- the factors listed above, we find that reduction of the proposed forfeiture is warranted, given Craig's demonstrated inability to pay. Accordingly, the forfeiture amount is reduced from ten thousand dollars ($10,000) to five hundred dollars ($500). IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Joni K. Craig IS LIABLE FOR A MONETARY FORFEITURE in the amount of $500 for willfully and repeatedly violating Section 301 of the Act. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation or reduction of the $25,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Loves Travel Stops and Country Stores, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 302(b) of the Act and 2.803(a) of the Rules. 18. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- review, we conclude that Renda willfully and repeatedly violated Section 17.4(a) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $3,000 forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Renda Broadcasting Corporation of Nevada IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of
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- Moises Cabrera and Juan Cabrera willfully and repeatedly violated Section 301 of the Act. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, that Moises Cabrera and Juan Cabrera are JOINTLY LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Act. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30)
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- come into compliance with the Rules is expected, and does not nullify or mitigate any prior forfeitures or violations. In light of Trap Rock's history of compliance, however, we reduce the forfeiture amount from $10,000 to $8,000. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Trap Rock Industries, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 17.50 of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the
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- review, we conclude that WSMN willfully and repeatedly violated Section 73.49 of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $7,000 forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, WSMN Broadcasting, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 73.49 of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release
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- New York Field Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Deroux. Deroux has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,Shawn Deroux IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the
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- TC's response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that no reduction of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Tidewater Communications LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 17.51(a) of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- precedent.12 29. IV. ORDERING CLAUSES 30. 12. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act13 and Section 1.106 of the Rules, Mr. Saunders' petition for reconsideration is GRANTED TO THE EXTENT DISCUSSED ABOVE and DENIED IN ALL OTHER RESPECTS. 31. 32. 13. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Mr. Saunders IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for willful violation of Section 17.51 of the Rules. 33. 34. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Fox possess the basic qualifications, including character qualifications, to remain a Commission licensee. 4. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned investigation into the matters described herein is terminated. 6. IT IS FURTHER ORDERED that copies of this order shall be sent by regular first class mail and certified mail - return receipt requested to Molly Pauker, Vice President Corporate
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- III. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 405 of the Act21 and Section 1.106 of the Rules,22 the October 29, 2004 Petition for Reconsideration filed by Cumulus Licensing Corporation of the Enforcement Bureau's December 28, 2004 Forfeiture Order IS DENIED. 14. IT IS ALSO ORDERED THAT, pursuant to Section 503(b)(2)(D) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,23 Cumulus Licensing Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 17.50 of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- that 1 Home Lending Corporation d.b.a. Capital Line Financial, LLC is apparently liable for a forfeiture in the amount of $18,000. 12. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S 503(b), and section 1.80 of the Commission's rules, 47 C.F.R. S 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311, that 1 Home Lending Corporation d.b.a. Capital Line Financial, LLC is hereby NOTIFIED of an APPARENT LIABILITY FOR FORFEITURE in the amount of $18,000 for willful or repeated violations of section 227(b)(1)(B) of the Act, 47 U.S.C. S 227(b)(1)(B), section 64.1200(a)(2) of the Commission's rules, 47 C.F.R. S 64.1200(a)(2),
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- incorporated by reference. 3. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We find that the public interest would be served by adopting the Consent Decree and terminating the above-captioned investigation. 4. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Act, 47 U.S.C. S 154(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311, that the attached Consent Decree is ADOPTED. 5. it is furthered ordered that the above-captioned proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris A. Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) Long Distance Consolidated ) File No. EB-04-TC-147 Billing
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- and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Mr. Gentile willfully violated Section 301 of the Act. We find no basis for cancellation or reduction of the $10,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 Louis Gentile IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Act. 10. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the
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- attached hereto and incorporated herein by reference. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the above-captioned investigation concerning Broadband. 3. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's Rules, the attached Consent Decree IS ADOPTED. 4. IT IS FURTHER ORDERED that the above-captioned investigation into the matters described herein IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION George R. Dillon Assistant Chief, Enforcement Bureau CONSENT DECREE 1. The Enforcement Bureau of the Federal Communications Commission and New Jersey Broadband, LP, together with New Jersey Broadband, LLC,
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- that Alltel has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Alltel apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,15 Section 1.80(f)(4) of the Commission's rules,16 and authority delegated by Sections 0.111 and 0.311 of the Commission's rules,17 Alltel IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's Rules, within
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- and other licensees from similar misconduct. Although the nature of E-DA-HOE's apparent violations might justify a higher proposed forfeiture, however, we decline to do so in light of the licensee's overall history of compliance with FCC rules. IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's Rules, E-DA-HOE, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for willfully violating Section 73.1201 of the Commission's rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within 30 days of the release date of this Notice of Apparent Liability
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- that AT&T has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find AT&T apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,15 Section 1.80(f)(4) of the Commission's rules,16 and authority delegated by Sections 0.111 and 0.311 of the Commission's rules,17 AT&T IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's Rules, within
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- forth in Paragraph 7 above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that cancellation of the forfeiture is not warranted but that the forfeiture amount should be reduced from $14,000 to $11,200. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Vitec Group Communications, Ltd.., IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand two hundred dollars ($11,200) for willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 14. Payment of the forfeiture must be made by check or similar instrument, payable to the order
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- A Radio willfully violated Sections 73.49 and 73.3526 of the Rules and willfully and repeatedly violated Section 73.1350(a) of the Rules. We find no basis for cancellation or reduction of the $15,000 forfeiture proposed for these violations. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, A Radio Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $15,000 for violation of Sections 73.49, 73.1350(a) and 73.3526 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- Accordingly, IT IS ORDERED that, pursuant to the authority contained in Section 1.108 of the Commission's rules, 47 C.F.R. S 1.108, we hereby reconsider and amend, on our own motion, the October 13, 2006, Forfeiture Order, as explained herein. 4. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's Rules, Shawn Deroux IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully and repeatedly violating Sections 301 and 303(n) of the Act. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this
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- Rules. 2. On July 17, 2006, the Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $25,000 to AboCom. AboCom has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, AboCom Systems, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- ("San Juan Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Mr. Colon. Mr. Colon has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Carlos M. Colon IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- ("Kansas City Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Mr. Guzman. Mr. Guzman has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Raul Guzman Reyes IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- of the Rules. CSN, however, is incorrect that it was not required to maintain any issues/programs lists in its public file. Accordingly, we admonish CSN for failing to maintain and make available a complete public inspection file. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, the forfeiture in the amount of four thousand dollars ($4,000) for violation of Section 73.3527 of the Rules proposed in the October 4, 2006 Notice of Apparent Liability issued to CSN International IS CANCELED. 8. IT IS FURTHER ORDERED that CSN International IS ADMONISHED for failure to make available a complete public inspection
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- reduction in the total forfeiture amount is appropriate. Applying the factors set forth in Section 1.80 and Section 503(b)(2)(D) of the Act to the instant case, we conclude that Spectracom is apparently liable for a $12,000 forfeiture. IV. ORDERING CLAUSES 7. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's Rules, Spectracom, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $12,000 for willfully violating Section 1.948 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within 30 days of the release date of this Notice of Apparent Liability for
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- for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. SS 154(i), 154(j), and 224, sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. SS 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. SS 0.111 and 0.311, that the Joint Stipulation IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary H. McEnery Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. S 224. See also 47 C.F.R. SS 1.1401-1.1418. Formal Complaint, File No. EB-06-MD-006
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Diebel or R&M possess the basic qualifications, including character qualifications, to remain a Commission licensee. 4. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned investigation into the matters described herein is terminated. 6. IT IS FURTHER ORDERED that copies of this order shall be sent by regular first class mail and certified mail - return receipt requested to Scott Cinnamon, Esq., counsel for
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- of the proposed aggregate forfeiture from $6,500 to $5,200 is warranted because Hare Planting made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Hare Planting IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
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- possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that Boston Scientific CRM shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center
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- of ) DAVID EDWARD COX ) EB Docket No. 05-232 Amateur Radio Operator and Licensee of ) File No. EB-04-IH-0384 Amateur Radio Station W5OER ) ) ORDER OF REVOCATION Adopted: December 4, 2006 Released: December 4, 2006 By the Chief, Enforcement Bureau: I. introduction 1. By this Order of Revocation, pursuant to authority delegated to the Enforcement Bureau under Section 0.111(a)(16) of the Commission's rules, we revoke the above-captioned amateur license held by David Edward Cox. We conclude, based on the evidence of his conviction for felony burglary and firearms-related offenses, that Mr. Cox lacks the basic requisite character qualifications to be and remain a Commission licensee. II. background 2. On September 29, 2005, the Commission, by the Chief, Enforcement Bureau,
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- resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. SS 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111, 0.311, and 1.720-1.736 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311, and 1.720-1.736, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Western Payphone Systems Formal Complaint for Payphone Compensation, File No. EB-06-MD-009 (filed Sept. 21, 2006) ("Complaint"). Motion to Dismiss, File
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- Bureau ("Tampa Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Mr. Venters. Mr. Venters has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Adam Troy Venters IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- Enforcement Bureau ("New Orleans Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $13,000 to Patrick. Patrick has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jamie Patrick Broadcasting, Ltd. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $13,000 for violation of Sections 17.4(a), 17.50, and 17.51 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- for sale non-certified Citizens Band ("CB") transceivers and external radio frequency ("RF") power amplifiers. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $21,000 forfeiture is warranted. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Wesley Noe, d.b.a. GI Joe's Radio Electronics and GI Joe's CB Radio, IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for willful and repeated violation of Section 302(b) of the Act and Sections 2.803(a)(1), 2.815(b), and 2.815(c) of the Rules. 7. Payment of the forfeiture shall be made
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- that Parks willfully and repeatedly violated Sections 17.4(a), 73.3526(e)(4), and 73.3526(e)(12) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $5,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Gerald Parks IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for willful and repeated violated of Section 73.1745(a) of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of
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- IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, Tidewater Communications LLC's petition for reconsideration of the October 20, 2006 Forfeiture Order IS hereby GRANTED IN PART AND DENIED IN PART. 11. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Tidewater Communications LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 17.51(a) of the Rules. 12. Payment of the $8,000 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- Act and Sections 2.803(a)(1) of the Rules by offering for sale non-certified CB transceivers. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $7,000 forfeiture is warranted. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Gambler's CB & Ham Radio Sales & Service IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section
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- Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Conrad. Despite repeated contacts by the San Diego Office, Conrad has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Alan M. Conrad, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- the Act, and Sections 17.23, 17.47, 17.48, 17.49, and 17.57 of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $13,000 forfeiture is warranted. IV. ORDERING CLAUSES 24. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Communications Relay Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $13,000 for willfully and repeatedly violating Section 303(q) of the Act Sections 17.23, 17.47, 17.48, 17.49, and 17.57 of the Rules. 25. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- the proposed forfeiture is warranted, given the circumstances surrounding ESP's unauthorized operation and its compliance record with the Commission's Rules. Accordingly, the forfeiture amount is reduced from ten thousand dollars ($10,000) to six thousand dollars ($6,000). IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, ESP Leasing Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,000 for willfully and repeatedly violating Section 301 of the Act. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- No. 200432340004 (Enf. Bur., Columbia Office, released March 4, 2004; upheld by Community Broadcasting, supra (reduced for other reasons). 18 See Capstar, supra; Capstar TX Limited Partnership c/o/ Doran Bunkin, Esq., 18 FCC Rcd 20199 (2003) ($4,000 forfeiture assessed because station's public inspection file lacked an adequate issues/programs list). 19 47 U.S.C. 405. 20 47 C.F.R. 1.106. 21 47 C.F.R. 0.111, 0.311, and 1.80(f)(4). 22 47 U.S.C. 504(a). 23 See 47 C.F.R. 1.1914. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-323A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-323A1.doc
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 0.111, 0.311, and 1.1401- 1.1418, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division _________________________ 1 Joint Motion to Dismiss with Prejudice, File No. EB-05-MD-008 (filed Dec. 21, 2005) (``Motion''). 2 Complaint, File No. EB-05-MD-008 (filed
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 0.111, 0.311, and 1.1401- 1.1418, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division _________________________ 1 Joint Motion to Dismiss with Prejudice, File No. EB-04-MD-009 (filed Dec. 21, 2005) (``Motion''). 2 Complaint, File No. EB-04-MD-009 (filed
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- of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NBC possess the basic qualifications, including character qualifications, to remain a Commission licensee. 4. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended,3 and the authority delegated by sections 0.111 and 0.311 of the Commission's rules,4 that the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned investigation into the matters described herein is terminated. 6. IT IS FURTHER ORDERED that copies of this order shall be sent by regular first class mail and certified mail - return receipt requested, to F. William LeBeau, Assistant Secretary
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 0.111, 0.311, and 1.1401- 1.1418, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division _________________________ 1 Joint Motion to Dismiss with Prejudice, File No. EB-04-MD-004 (filed Dec. 21, 2005) (``Motion''). 2 Complaint, File No. EB-04-MD-004 (filed
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- Field Office (``Boston Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Marius.2 Marius has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Jean Harold Marius IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order.
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- for Forfeiture (?NAL?) in the amount of $10,000 to Pacific Spanish.2 Despite repeated contacts by the San Diego Office, Pacific Spanish has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (?Act?),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Pacific Spanish Network, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly operating a microwave radio station in Chula Vista, California, without a license, in violation of Section 301 of the Act.5 4.Payment of the forfeiture shall be made in the manner provided for in Section
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- Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to ICB.2 Despite repeated contacts by the San Diego Office, ICB has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 International Customs Brokers, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly operating station WNTT908, in San Diego, California, on an unauthorized channel, in violation of Section 1.903(a) of the Rules.5 4. Payment of the forfeiture shall be made in the manner provided for in Section
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- of these counts. United States v. Premio, Inc., Criminal Docket No. 3:06-CR-06-0086 MMC, Plea Agreement (N.D.Cal. filed Feb. 22, 2006) (``Premio Plea Agreement''). The Order accepting this plea agreement was signed by the Court on February 22, 2006 and entered on February 23, 2006, and the Plea Agreement was entered on February 24, 2006. 2 47 C.F.R. 54.521; 47 C.F.R. 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. 54.521). 3 47 C.F.R. 54.521(a)(4). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-9227, 67-74 (2003) (``Second Report and Order''). 4 Second Report and Order, 18 FCC Rcd
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- of participation, as appropriate. Pursuant to section 1.47(c) of the Commission's rules, the Bureau shall be served with documents in the same manner as other parties. VI. ORDERING CLAUSES 23. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. SS 151, 154(i), 154(j), and 224, and sections 0.111, 0.311, 1.1411, and 1.1415 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311, and 1.1411, and 1.1415, that the above-captioned complaint proceeding IS DESIGNATED FOR A HEARING before an ALJ, at a time and place to be specified in a subsequent Order, upon the issues specified in paragraph 18 of this Order; 24. IT IS ORDERED, pursuant to section 224
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- Division, issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $4,000 to Shenzhen Ruidian Communication. Shenzhen Ruidian Communication has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Shenzhen Ruidian Communication Co. Ltd. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly failing to respond to a directive of the Enforcement Bureau to provide certain information and documents. 4. Payment of the forfeiture shall be made in the manner provided for in Section
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- state commissions have concurrent jurisdiction over the issues in dispute in this proceeding, and our order of dismissal should not be construed as agreeing or disagreeing with Momentum's assertion. 5. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Act, 47 U.S.C. SS 151, 154(i), 154(j), 208 and 271, and the authority delegated in sections 0.111, 0.311, and 1.720-1.736 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311, and 1.720-1.736, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Motion to Withdraw, File No. EB-05-MD-029 (filed Mar. 2, 2006) ("Motion"). Formal Complaint, File No. EB-05-MD-029 (filed Nov. 21, 2005) ("Complaint"). 47
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- that Jose A. Mollinedo willfully and repeated violated Section 301 of the Act. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jose A. Mollinedo IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act.11 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- of Section 227 of the Act and the Commission's related rules and orders as set forth in the NAL. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S 503(b), and Section 1.80 of the Commission's rules, 47 C.F.R. S 1.80, and authority delegated by Sections 0.111 and 0.311 of the Rules, 47 C.F.R. SS 0.111, 0.311, that Elf Painting and Wallpapering SHALL FORFEIT to the United States government the sum of $22,500 for willfully and repeatedly violating the Commission's rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's rules within 30 days of the release
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- that OleumTech made a good faith effort to bring the transmitter into compliance with the Rules by submitting its device for certification testing prior to receiving the Spectrum Enforcement Division's LOI. Accordingly, we reduce the proposed forfeiture amount from $7,000 to $5,600. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, OleumTech Corporation, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand six hundred dollars ($5,600) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty
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- On September 1, 2005, the Enforcement Bureau, Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $14,000 to Gibson. Gibson has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Gibson Tech Ed, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Joint Motion IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary H. McEnery Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 11 Formal Complaint, File No. EB-05-MD-022 (filed Aug. 22, 2005) (``Complaint''). 2 47 U.S.C. 208.
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- mention of a website. Baxter violated Section 97.113(a)(3) of the Rules because he has a direct pecuniary interest in the products offered for sale on the website about which he provided information on his amateur radio station. IV. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)4) of the Rules, Glenn A. Baxter IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for willfully and repeatedly failing to furnish information requested by the Bureau, willful and repeated violation of Sections 97.101(d)and 97.113(a)(3) of the Rules, and willful violation of Sections 97.105(a) and 97.113(b) of the Rules. 17. IT IS
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- Alpine Broadcasting Limited Partnership willfully and repeated violated Section 73.1125 of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $7,000 forfeiture is warranted. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Alpine Broadcasting Limited Partnership IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 73.1125(a) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Joint Motion IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary H. McEnery Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 11 Formal Complaint, File No. EB-05-MD-020 (filed Aug. 22, 2005) (``Complaint''). 2 47 U.S.C. 208.
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- the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Joint Motion IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary H. McEnery Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 11 Formal Complaint, File No. EB-05-MD-021 (filed Aug. 22, 2005) (``Complaint''). 2 47 U.S.C. 208.
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- the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Joint Motion IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary H. McEnery Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 11 Formal Complaint, File No. EB-05-MD-024 (filed Aug. 22, 2005) (``Complaint''). 2 47 U.S.C. 208.
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- the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Joint Motion IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary H. McEnery Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 11 Formal Complaint, File No. EB-05-MD-023 (filed Aug. 22, 2005) (``Complaint''). 2 47 U.S.C. 208.
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- the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Joint Motion IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary H. McEnery Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 11 Formal Complaint, File No. EB-05-MD-025 (filed Sept. 2, 2005) (``Complaint''). 2 47 U.S.C. 208.
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- the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 201(b), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. SS 154(i), 154(j), 201(b), 208, and 276, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. SS 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. SS 0.111 and 0.311, that the Joint Motion IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary H. McEnery Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. S 208. Formal Complaint, File No. EB-05-MD-019 (filed Aug. 29, 2005) ("Complaint"). 47
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- the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 201(b), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. SS 154(i), 154(j), 201(b), 208, and 276, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. SS 1.720-1.736, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. SS 0.111 and 0.311, that the Joint Motion IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary H. McEnery Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. S 208. Formal Complaint, File No. EB-05-MD-028 (filed Sept. 29, 2005) ("Complaint"). 47
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- forfeiture, we note that NWN did not submit any supporting financial documentation (i.e., federal tax returns, financial statements, or other reliable, objective information reflecting financial status).35 Accordingly, we have no basis by which to evaluate NWN's inability to pay claim. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act36 and Sections 0.111, 0.311 and 1.80 of the Rules,37 NWN IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for its apparent willful and repeated violations of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,38 within
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- set forth in Paragraph 7, above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that cancellation of the forfeiture is not warranted but the forfeiture amount should be reduced from $22,000 to $17,600. IV. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Hawking Technologies, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of seventeen thousand six hundred dollars ($17,600.00) for willful and repeated violation of Section 302(b) of the Act and Sections 2.803(a) and 15.204(a) of the Rules. 18. Payment of the forfeiture shall be made in the manner provided for in Section 1.80
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- of $4,000 in this instance. Although Clear Channel apparently violated our rules, it took reasonably prompt remedial action prior to learning of our investigation. As such, the base forfeiture amount for this apparent misconduct is most appropriate. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, and 1.80 of the Commission's rules, Clear Channel Broadcasting Licenses, Inc., licensee of Station WAWS(TV), Jacksonville, Florida, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,000 for apparently willfully violating section 73.1216 of the Commission's rules. 15. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the rules, within thirty (30) calendar days
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- that Cbeyond has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Cbeyond apparently liable for $100,000. 13. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Cbeyond IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating section 64.2009 of the Commission's rules and the CPNI Order, by failing to prepare and make available upon request a certificate that complies with 64.2009(e). 14. IT IS FURTHER ORDERED THAT, pursuant to
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- Field Office ("Buffalo Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $8,000 to Corry. Corry has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Corry Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating 47 C.F.R. S 11.35(a). 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If
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- examined GB Enterprises' response to the NAL pursuant to the statutory factors above,11 and in conjunction with the Forfeiture Policy Statement. We find no basis for cancellation or reduction of the $10,500 forfeiture proposed for these violations. IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended,12 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,13 GB Enterprises Communications Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,500 for violation of Sections 73.49 and 73.3526 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- in this letter to "your conviction" refers to NextiraOne's April 20, 2006 guilty plea and conviction of this count. United States v. NextiraOne, LLC, Criminal Docket No. 4:06-cr-40041-LLP, Plea Agreement (D.S.D. April 20, 2006) ("NextiraOne Plea Agreement" or "Plea Agreement"). Sentence was imposed on April 20, 2006 and entered on April 21, 2006. 47 C.F.R. S 54.521; 47 C.F.R. S 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. S 54.521). See NextiraOne, LLC Petition for Waiver of Section 54.521 of the Commission's Rules, Petition for Waiver (filed April 14, 2006) ("Waiver Petition"). See generally, Waiver Petition; Letter from Scott Hammond, Assistant Attorney General, Antitrust Division, Department of Justice, to Marlene
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- ) INC. NAL/Acct. No. 20043208000014 ) Licensee of Station WLZX(FM), Facility ID No. 46963 ) Northampton, Massachusetts FRN No. 0002749406 ) ) ORDER Adopted: May 2, 2006 Released: May 2, 2006 By the Chief, Enforcement Bureau: 1. In this Order, we cancel the Forfeiture Order issued in the above-captioned proceeding to Station WLZX(FM), Northampton, Massachusetts. 2. Accordingly, pursuant to sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311, the Forfeiture Order IS HEREBY CANCELED. 3. IT IS FURTHER ORDERED THAT a copy of this Order shall be sent by certified mail, return receipt requested, to Lawrence D. Goldberg, Vice President, Saga Communications of New England, Inc., 15 Hampton Avenue, Northampton, Massachusetts 01060; and Saga's counsel, Gary S.
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- to $4,000 is warranted because Criswell made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action and because of Criswell's history of overall compliance. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Criswell IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand ($4,000) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days
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- 17, 2006, the Spectrum Enforcement Division of the Enforcement Bureau issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $5,600 to OleumTech. OleumTech has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, OleumTech Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand six hundred dollars ($5,600) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- the Commission to "issue such orders ... as may be necessary in the execution of its functions" and to "conduct its proceedings in such manner as will best conduce to the proper dispatch of business and to the ends of justice." 9. Further, the Commission has specific authority under sections 1 and 409(e) of the Act, as well as section 0.111 of the Commission's rules, to require by subpoena the attendance and testimony of witnesses and the production of "all books, papers, schedules of charges, contracts, agreements, and documents relating to any matter under investigation." Hence, the Bureau was within its authority in requiring LocateCell to provide information and documents relevant to the Commission's CPNI investigation. Moreover, we note that parties
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- warranted under Section 312 of the Act to determine whether CRS and Timothy M. Doty's licenses should be revoked because they lack the requisite character to be or remain Commission licensees. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 312(a) and (c) of the Communications Act of 1934, as amended, and authority delegated pursuant to Sections 0.111, 0.311, and 1.91(a) of the Commission's rules, CRS and Timothy M. Doty are hereby ORDERED TO SHOW CAUSE why their respective captioned authorizations SHOULD NOT BE REVOKED. CRS, by an officer representative, and Mr. Doty shall appear before an administrative law judge at a time and place to be specified in a subsequent order and provide evidence upon the following
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- importing and marketing in the United States, and if not, providing its plans for full compliance. Behringer's failure to submit the affidavit, or failure to comply with the applicable equipment requirements, may subject the company to further appropriate enforcement action. IV. ORDERING CLAUSES 25. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act55 and Sections 0.111, 0.311 and 1.80 of the Rules,56 Behringer USA, Inc., IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of one million dollars ($1,000,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 26. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the
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- September 27, 1999 (FCC Form 323); Letter from Roberto Davila Rodriguez, President, RAAD Broadcasting Corp., to Federal Communications Commission (Sept. 27, 2001)(Certification of No Change in Ownership). See Application for Review at 14. Id. at 13. S. Rep. No. 580, 95^th Cong. 1^st Sess. 3 (1978), reprinted in 1978 U.S.C.C.A.N. 109, 111. See A-O Broadcasting at 762. 47 C.F.R. SS 0.111, 0.311, and 1.80(f)(4). 47 U.S.C. S 504(a). 47 C.F.R. S 1.1914. (...continued from previous page) (continued....) Federal Communications Commission FCC 06-151 6 Federal Communications Commission FCC 06-151 References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-151A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-151A1.doc
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- of inquiry -- warrants a downward adjustment of the proposed aggregate forfeiture amount. It is a well established and long-standing principle that ignorance of the law is not a mitigating factor and does not warrant a downward adjustment of an assessed forfeiture. IV. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, San Jose Navigation, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seventy five thousand dollars ($75,000) for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803(a) and 15.205 of the Rules. 18. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,
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- non-compliance or material new evidence relating to this matter, we conclude that there are no substantial or material questions of fact as to whether Newcomm possesses the basic qualifications to be or remain a Commission licensee. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, the attached Consent Decree IS ADOPTED. 4. IT IS FURTHER ORDERED that, as conditioned in the Consent Decree and above, the referenced investigation IS TERMINATED. 5. IT IS FURTHER ORDERED that, consistent with whatever authorization by the bankruptcy court may be necessary or appropriate, NewComm shall pay (or cause to be paid) the outstanding
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- ability to pay, and such other matters as justice may require." Having considered the record in this case and the statutory factors, we find that the Licensee is apparently liable for a forfeiture in the amount of $4,000. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, that RCK 1 GROUP, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,000 for violating Section 73.1206 of the Commission's rules. 11. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules that within thirty (30) days of the release date of this
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- ensure that its personnel understand and comply with the requirements of Section 76.1700, and we caution Time Warner that we will not hesitate to subject it to sanctions commensurate with further violations of the cable public file rule. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's rules, that Time Warner Cable is hereby ADMONISHED for its failures to timely make available for inspection its public inspection files on September 13 and 16, 2005, in violation of Section 76.1700 of the Commission's rules. 11. IT IS FURTHER ORDERED that the complaint filed by James Shelton IS GRANTED to the extent indicated herein
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- our precedent. To the extent Gaston College wishes to provide evidence of its history of compliance with FCC rules, or its inability to pay the proposed forfeiture, it may do so in its response to this Order. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's Rules, Gaston College is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000 for willfully violating Section 73.3527 of the Commission's rules. 16. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within 30 days of the release date of this Notice of Apparent Liability
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- to hold or obtain any Commission license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the complaint received by, or in the possession of, the Bureau on or around December 22, 2005, alleging violations of the cable public file rule by Bresnan, IS DISMISSED. 7. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 8. IT
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- $7,000 for the marketing of unauthorized equipment. In this case, we note that The Antique Radio Collector marketed one model of an unauthorized intentional radiator. Accordingly, we find that The Antique Radio Collector is apparently liable for a $7,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Richard Mann d/b/a The Antique Radio Collector IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
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- adjustment of the proposed aggregate forfeiture from $6,500 to $5,200 is warranted because Imperial made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Imperial IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,
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- the Enforcement Bureau ("Norfolk Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $7,000 to TPN. TPN has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, The Paradise Network of North Carolina, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for violation of Sections 17.57 and 73.1745(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
- http://transition.fcc.gov/eb/Orders/2007/DA-07-1301A1.html
- Enforcement Bureau ("New Orleans Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $4,000 to Ace. Ace has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ace Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release of this Order. If the
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- provided by KM TV. While we cancel the proposed forfeiture, we admonish KM TV for its willful and repeated violation of the public inspection file rule as set forth in Section 73.3526 of the Commission's Rules. IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, that the proposed forfeiture in the amount of ten thousand dollars ($10,000) issued to KM Television of Flagstaff, L.L.C, licensee of KCFG(TV), Flagstaff, Arizona, in the March 20, 2006 Notice of Apparent Liability for willful and repeated violations of Sections 73.3526 of the Rules IS CANCELLED. 10. IT IS FURTHER ORDERED that KM
- http://transition.fcc.gov/eb/Orders/2007/DA-07-1313A1.html
- on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that neither reduction nor cancellation of the proposed $14,000 forfeiture is warranted. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Charles E. Vance, III d/b/a CB Candy Electronics IS LIABLE FOR A MONETARY FORFEITURE in the amount of $14,000 for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803(a)(1) and 2.815(c) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80
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- with the Forfeiture Policy Statement. As a result of our review, we conclude that Community willfully and repeatedly violated Sections 73.1350(a) and 73.3526 of the Rules and that no reduction of the proposed $11,000 forfeiture is warranted. III. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Community Broadcast Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $11,000 for violation of Sections 73.1350(a) and 73.3526 of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Amp'd Mobile, Inc. apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Amp'd Mobile, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
- http://transition.fcc.gov/eb/Orders/2007/DA-07-1408A1.html
- that KLM has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find KLM apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, KLM IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within
- http://transition.fcc.gov/eb/Orders/2007/DA-07-1409A1.html
- Cellular has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Easterbrooke Cellular apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Easterbrooke Cellular Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
- http://transition.fcc.gov/eb/Orders/2007/DA-07-1412A1.html
- that CTC has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find CTC apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, CTC Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
- http://transition.fcc.gov/eb/Orders/2007/DA-07-1413A1.html
- apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Shoreham Telephone Company, Inc. apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Shoreham Telephone Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the
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- that PriorityOne has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find PriorityOne apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, PriorityOne IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within
- http://transition.fcc.gov/eb/Orders/2007/DA-07-1415A1.html
- has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain an adequate compliance statement in accordance with the rule. We find Oneida apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Oneida County Rural Telephone Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of
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- the information and documents the Bureau directed it to provide. Accordingly, a proposed forfeiture is warranted against 1^st United Tel-Com, Inc. for its apparent willful or repeated violations of our directive. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, 1^st UNITED TEL-COM, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond fully to the Bureau's Letter of Inquiry. 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release date of
- http://transition.fcc.gov/eb/Orders/2007/DA-07-1419A1.html
- to provide the information and documents the Bureau directed it to provide. Accordingly, a proposed forfeiture is warranted against Burke's Garden for its apparent willful or repeated violations of our directive. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, BURKE'S GARDEN TELEPHONE COMPANY, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond fully to the Bureau's Letter of Inquiry. 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release date
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- documents the Bureau directed it to provide. Accordingly, a proposed forfeiture is warranted against Connect Paging, Inc. d/b/a Get A Phone for its apparent willful or repeated violations of our directive. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, CONNECT PAGING, INC. D/B/A GET A PHONE IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond fully to the Bureau's Letter of Inquiry. 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's Rules, within thirty days of the
- http://transition.fcc.gov/eb/Orders/2007/DA-07-1421A1.html
- provide the information and documents the Bureau directed it to provide. Accordingly, a proposed forfeiture is warranted against Habla Communicaciones, Inc. for its apparent willful or repeated violations of our directive. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, HABLA COMMUNICACIONES, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond fully to the Bureau's Letter of Inquiry. 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release date of this
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- documents the Bureau directed it to provide. Accordingly, a proposed forfeiture is warranted against Manning Municipal Communications and Television System Utilities for its apparent willful or repeated violations of our directive. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, MANNING MUNICIPAL COMMUNICATIONS AND TELEVISION SYSTEM UTILITIES IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond fully to the Bureau's Letter of Inquiry. 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's Rules, within thirty days of the
- http://transition.fcc.gov/eb/Orders/2007/DA-07-1423A1.html
- to provide the information and documents the Bureau directed it to provide. Accordingly, a proposed forfeiture is warranted against PhoneCo LP for its apparent willful or repeated violations of our directive. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, PHONECO, LP IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond fully to the Bureau's Letter of Inquiry. 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE
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- approximately six months - to notify Commission staff and seek authority to operate the station. Under the circumstances, and consistent with precedent, we find that no reduction of the proposed forfeiture for voluntary disclosure or good faith efforts to comply is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Mitchell Electric IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred dollars ($7,500) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
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- our review, we conclude that Macerich willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $3,200 is warranted. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Macerich - Santa Monica Place IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for willfully and repeatedly violating Section 1.903(a) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
- http://transition.fcc.gov/eb/Orders/2007/DA-07-1451A1.html
- that a downward adjustment of the proposed forfeiture from $13,000 to $10,400 is warranted because DirecTV made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. IV. ordering clauses 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, DirecTV IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of ten thousand, four hundred dollars ($10,400) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within
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- of our review, we conclude that Lam repeatedly violated Section 87.193 of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the $2,000 forfeiture is warranted. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Grant Lam IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for repeatedly violating Section 87.193 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- on June 30, 2006 ("Response"). Based on our review of Amaturo's Response and the record, we find that Amaturo did not willfully and repeatedly violate Section 73.1125(a) of the Rules. Consequently, we conclude that no forfeiture should be imposed. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, that the proposed forfeiture in the amount of seven thousand dollars ($7,000) issued to Amaturo Group of L.A., Ltd., in the May 31, 2006, Notice of Apparent Liability for willful and repeated violations of Section 73.1125(a) of the Rules IS CANCELLED. 4. IT IS FURTHER ORDERED that a copy of this Order shall
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- to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the Enforcement Bureau's investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that T-Mobile USA, Inc. will make a voluntary contribution to the United States Treasury in the amount of seventy-five thousand dollars ($75,000) within 30 calendar days after the Effective
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- 14. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $6,400 is warranted. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Una Vez Mas Las Vegas License, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,400 for willfully and repeatedly violating Section 73.3526 of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
- http://transition.fcc.gov/eb/Orders/2007/DA-07-1478A1.html
- on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that neither reduction nor cancellation of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Entravision Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for repeatedly violating Section 303(q) of the Act and Section 17.23 of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
- http://transition.fcc.gov/eb/Orders/2007/DA-07-1482A1.html
- Bureau ("Tampa Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Mr. Charles. Mr. Charles has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Junior Lahens Charles IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Parker willfully and repeatedly violated Section 301 of the Act and that no reduction of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Parker Construction, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- adjustment of the proposed aggregate forfeiture from $10,500 to $9,200 is warranted because GGP made voluntary disclosures to Commission staff concerning its late-filed license renewal and unauthorized operation and undertook corrective actions prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, General Growth Properties IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $9,200 for willful and repeated violation of Section 301 of the Act and Sections 1.903 and 1.949(a) of the Rules and for willful and repeated failure to respond to a Bureau order. 14. IT IS FURTHER ORDERED that,
- http://transition.fcc.gov/eb/Orders/2007/DA-07-1602A1.html
- that a downward adjustment of the proposed forfeiture from $26,000 to $20,800 is warranted because CLP made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Cooperative Light & Power IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty thousand, eight hundred dollars ($20,800) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of
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- of the forfeiture amount from $10,000 to $1,500 is appropriate. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act and Section 1.106 of the Rules, Mr. Spiry's petition for reconsideration IS GRANTED to the extent set forth above. 7. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Mr. Spiry IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for willful and repeated violation of Section 301 of the Act. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
- http://transition.fcc.gov/eb/Orders/2007/DA-07-165A1.html
- the Enforcement Bureau ("Dallas Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $4,000 to Unique. Unique has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Unique Broadcasting, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- ("San Juan Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $8,000 to A Radio. A Radio has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, A Radio Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for violation of Section 73.3526 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- the proposed aggregate forfeiture from $10,500 to $9,200 is warranted because RSDC made voluntary disclosures to Commission staff concerning its failure to file a timely license renewal application and undertook corrective actions prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, RSDC of Michigan, LLC IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $9,200 for willful and repeated violation of Section 301 of the Act and Sections 1.903 and 1.949(a) of the Rules and for willful and repeated failure to respond to a Bureau order. 14. IT IS FURTHER ORDERED
- http://transition.fcc.gov/eb/Orders/2007/DA-07-167A1.html
- Abreu willfully and repeatedly violated Section 301 of the Act. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $500 is appropriate based on Mr. Abreu's demonstrated inability to pay. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Oreste Abreu IS LIABLE FOR A MONETARY FORFEITURE in the amount of five hundred dollars ($500) for violation of Section 301 of the Act. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
- http://transition.fcc.gov/eb/Orders/2007/DA-07-1685A1.html
- to hold or obtain any Commission license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the complaint received by, or in the possession of, the Bureau on or around May 30, 2006, alleging false certifications in VTG's applications for licenses to cover the construction permits for the above-captioned deleted low power television stations and violations of the
- http://transition.fcc.gov/eb/Orders/2007/DA-07-1686A1.html
- the proposed forfeiture from $6,500 to $5,200 is warranted because JSMC made voluntary disclosures to Commission staff through its request for STA and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. III. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Jennie Stuart Medical Center IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of five thousand, two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of
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- unpaid forfeiture penalty that was imposed during this period shortly after July 9, 2006. IV. Ordering clauses 14. Accordingly, this report is issued pursuant to the Junk Fax Prevention Act of 2005, Pub. L. No. 109-21, 119 Stat. 359, and section 227 of the Communications Act of 1934, as amended, 47 U.S.C. S 227, and under authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311. 15. IT IS ORDERED that the Secretary SHALL SEND copies of this report to the appropriate committees and subcommittees of the United States House of Representatives and the United States Senate. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Junk Fax Prevention Act of 2005, Pub. L. No.
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- resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 5. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. SS 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311, that the Motion is GRANTED, the Complaint is DISMISSED with prejudice, and this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division 47 U.S.C. S 208. AT&T Corp. v. BellSouth Telecommunications, Inc., Memorandum Opinion and Order, 19 FCC Rcd 23898 (2004). BellSouth Telecommunications, Inc.
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- Bureau ("Tampa Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Mr. Pierre-Francois. Mr. Pierre-Francois has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jean-Harry Pierre-Francois IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Wilson willfully and repeatedly violated Section 73.3526 of the Rules and that no reduction of the proposed $12,000 forfeiture is warranted. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Wilson Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Section 73.3526 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- Broadcasting's response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that no reduction of the proposed $21,000 forfeiture is warranted. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Siga Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for violations of Sections 17.51(a), 73.49, and 73.1745(a) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that TNL shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at (202)
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- is not sufficient to demonstrate an inability to pay. Hare Planting has provided no specific financial information or evidence of financial hardship and, therefore, we are unable to determine whether a reduction based on inability to pay is warranted in this instance. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Hare Planting, IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand two hundred dollars ($5,200) for violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- New York Field Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Rankine. Rankine has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Kacy Rankine IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If
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- New York Field Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Simpson. Simpson has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Elroy Simpson IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If
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- review, we conclude that HRN willfully and repeatedly violated Sections 73.1745(a) and 73.3526 of the Rules and that a reduction of the proposed forfeiture to $11,200 is warranted based on HRN's history of compliance with the Rules. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, HRN Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand two hundred dollars ($11,200) for violations of Sections 73.1745(a) and 73.3526 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- Roberts' response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that no reduction of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Marcus A. Roberts IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- conclude that Fed Ex willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $4,000 forfeiture is warranted. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Federal Express Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- violated Section 73.49 of the Rules, based upon their inability to pay, we conclude that pursuant to Section 503(b) of the Act and the Forfeiture Policy Statement, reduction of the $7,000 forfeiture to $500 is warranted. IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Albino Ortega and Maria Juarez , ARE LIABLE FOR A MONETARY FORFEITURE in the amount of $500 for willfully and repeatedly violating Section 73.49 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. SS 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311, and 1.1401-1.1418, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Motion to Dismiss, File No. EB-06-MD-008 (filed Apr. 25, 2007) ("Motion"). Complaint, File No. EB-06-MD-008 (filed July 21, 2006) ("Complaint"). 47 U.S.C.
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- a downward adjustment of the proposed aggregate forfeiture from $6,500 to $5,200 is warranted because Doss made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Doss IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand, two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. 7. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,
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- federal case law supports Network's request for a stay absent a pledge of security for the full judgment amount. 11. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. SS 154(i), 154(j), 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. S1.720-1.736, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311, that Network's Motion to Stay the Damages Order IS DENIED, and IT IS FURTHER ORDERED that Network's Motion for Leave to File a Reply IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau APCC Services, Inc. v. NetworkIP, LLC and Network Enhanced Services,
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- staff and come into compliance with our rules after learning of the violation. Under the circumstances, and consistent with precedent, we find that no reduction of the proposed forfeiture for voluntary disclosure or good faith efforts to comply is warranted. I. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Kimberly Clark IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within
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- prior to its construction. The Commission has long held that a downward adjustment of an assessed forfeiture is not justified where violators claim their actions or omissions were due to inadvertent errors or unfamiliarity with the statutory or regulatory requirements. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Telcom Rentals, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willfully and repeatedly violating Section 17.4(a)(1) of the Rules. 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this Notice
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- York Field Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to New Relampago. New Relampago has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, New Relampago Car Service Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 3. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of
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- New York Field Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Mobile. Mobile has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Mobile Car Service, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this
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- violated Section 90.403(a)(2) of the Rules and that a forfeiture of four thousand dollars ($4,000) is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act and Section 1.106 of the Rules, the Petition for Reconsideration IS DENIED. 9. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Mr. Joslyn Gordon, as owner of Rescue Car Service, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willful and repeated violation of Section 90.403(a)(2) of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- violated Section 11.35(a) of the Rules, based upon its inability to pay, we conclude that pursuant to Section 503(b) of the Act and the Forfeiture Policy Statement, reduction of the $8,000 forfeiture to $250 is warranted. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Gla-Mar Broadcasting, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $250 for willfully and repeatedly violating Section 11.35(a) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- 11. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $4,200 is warranted. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Sandhill Media Group, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,200 for repeatedly violating Section 73.49 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- 15. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $5,600 is warranted. IV. ORDERING CLAUSES 16. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, HTV/HTN/Hawaiian TV Network, Ltd., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,600 for willfully and repeatedly violating Section 73.1125(a) of the Rules. 17. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- however, that a downward adjustment of the proposed forfeiture from $6,500 to $5,200 is warranted because Sakaida made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Ted Sakaida & Sons Trucking IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand, two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. 6. IT IS FURTHER ORDERED that, pursuant to Section
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- has been found acceptable. Accordingly, we reject Playa del Sol's claim of inability to pay. III. ORDERING CLAUSES 4. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act and Section 1.106 of the Rules, Playa del Sol's petition for reconsideration IS DENIED. 5. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Playa del Sol IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,000 for willfully and repeatedly violating Sections 11.25, 11.61, and 73.1125 of the Rules. 6. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- Burke's Garden's Response and the record, we find that Burke's Garden did not willfully and repeatedly violate a Commission order by failing to respond to a directive of the Bureau. Consequently, we conclude that no forfeiture should be imposed. 5. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of four thousand dollars ($4,000) issued to Burke's Garden Telephone Company, Inc., in the March 30, 2007, Notice of Apparent Liability for Forfeiture for willful and repeated violations of a Commission order IS CANCELLED. 6. IT IS FURTHER ORDERED that a copy of this Order
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- M.R.S.' response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that no reduction of the proposed $7,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, M.R.S. Ventures, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether BHP possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. 4. IT IS FURTHER ORDERED that the above captioned matter IS TERMINATED. 5. IT IS FURTHER ORDERED that copies of this Order shall be sent by regular first class mail and certified mail - return receipt requested, to Broadcast House of the Pacific, at its address of record.
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- Rules. 11. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that no reduction of the proposed forfeiture is warranted. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Multicultural Radio Broadcasting, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for repeatedly violating Section 303(q) of the Act and Section 17.51 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- 9. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $3,200 is warranted. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Gold Coast Radio, LLC , IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for repeatedly violating Section 73.1560(b) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- listed above, we find that reduction of the proposed forfeiture is warranted, given Payne's demonstrated inability to pay. Accordingly, the forfeiture amount is reduced from ten thousand dollars ($10,000) to seven hundred and fifty dollars ($750). IV. ORDERING CLAUSES 16. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Donald J. Payne IS LIABLE FOR A MONETARY FORFEITURE in the amount of $750 for willfully and repeatedly violating Section 301 of the Act. 17. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources by the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. SS 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311, and 1.1401-1.1418, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Joint Motion For Dismissal With Prejudice, File No. EB-06-MD-001 (filed May 31, 2007) ("Motion"). Complaint, File No. EB-06-MD-001 (filed Jan. 6, 2006)
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- Bureau ("Atlanta Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $8,000 to L4 Media. L4 Media has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, L4 Media Group, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for violation of Section 11.35 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- Bureau ("Atlanta Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $7,000 to Mr. Konarz. Mr. Konarz has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jason Konarz IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for violation of Section 73.49 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Simmons possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. 4. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 5. IT IS FURTHER ORDERED that the Bureau's investigation in this proceeding IS TERMINATED. 6. IT IS FURTHER ORDERED that Simmons-Austin, LS, LLC shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar
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- 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by approving the Consent Decree and terminating the forfeiture proceeding. 4. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 5. IT IS FURTHER ORDERED that the forfeiture proceeding against Carnival IS TERMINATED. 6. IT IS FURTHER ORDERED that Carnival Cruise Lines Inc. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar
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- 11. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $3,200 is warranted. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Rosario Del Talpa, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for willfully and repeatedly violating Section 73.1350(a) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- 14. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $2,400 is warranted. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, KITZ Radio, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,400 for willfully and repeatedly violating Section 73.3526 of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- 14. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $2,400 is warranted. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, KITZ Radio, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,400 for willfully and repeatedly violating Section 73.3526 of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
- http://transition.fcc.gov/eb/Orders/2007/DA-07-2677A1.html
- possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that TSI shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center
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- one unsolicited advertisement to the consumer identified herein. We have further determined that Global QA Corp. is apparently liable for a forfeiture in the amount of $4,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Global QA Corp. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
- http://transition.fcc.gov/eb/Orders/2007/DA-07-2827A1.html
- identified in the Appendix. We have further determined that Tri-State Printer & Copier Supply Co., Inc. is apparently liable for a forfeiture in the amount of $9,000. 11. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S 503(b), and section 1.80 of the Rules, 47 C.F.R. S 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311, that Tri-State Printer & Copier Supply Co., Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000 (nine thousand dollars) for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47
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- your July 28, 2006 guilty plea and subsequent conviction of two counts of mail fraud. United States v. Scott A. Federowicz, Criminal Docket No. 3:06-CR-06-222 (RNC), Plea Agreement (D.Conn. filed and entered Jul. 28, 2006); United States v. Scott A. Federowicz, 3:06-CR-06-222 (RNC), Judgment (D.Conn. filed and entered May 9, 2007) ("Federowicz Judgment"). 47 C.F.R. S 54.521; 47 C.F.R. S 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. S 54.521). Second Report and Order, 18 FCC Rcd at 9225, P 66. The Commission's debarment rules define a "person" as "[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however, organized." 47 C.F.R. S 54.521(a)(6). See
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- to the consumer identified in the Appendix. We have further determined that New England Industrial Roofing is apparently liable for a forfeiture in the amount of $10,000.00. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S 503(b), and section 1.80 of the Rules, 47 C.F.R. S 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311, that New England Industrial Roofing is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000.00 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S 64.1200(a)(3), and the related
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- unsolicited advertisements to the four consumers identified in the Appendix. We have further determined that Infasource.com is apparently liable for a forfeiture in the amount of $22,500.00. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S 503(b), and section 1.80 of the Rules, 47 C.F.R. S 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311, that Infasource.com is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $22,500.00 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S 64.1200(a)(3), and the related orders described in
- http://transition.fcc.gov/eb/Orders/2007/DA-07-2857A1.html
- including those related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigatory proceeding IS TERMINATED. 7. IT IS FURTHER ORDERED that Scientific Games shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at
- http://transition.fcc.gov/eb/Orders/2007/DA-07-299A1.html
- evinces a pattern of intentional non-compliance with and disregard for these rules. Accordingly, we find that an upward adjustment of $11,000 over the $14,000 base forfeiture amount is warranted. We conclude that RMR is apparently liable for a $25,000 forfeiture. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Rocky Mountain Radio IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803, 15.205 and 15.209 of the Rules. 16. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
- http://transition.fcc.gov/eb/Orders/2007/DA-07-3011A1.html
- forfeiture of $10,500 for Yellow Cab's apparent willful and repeated violations of Section 301 of the Act and Sections 1.903 and 1.949(a) of the Rules and Yellow Cab's apparent willful and repeated failure to respond to Bureau inquiries concerning its PLMRS license. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Yellow Cab Leasing, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $10,500 for willful and repeated violation of Section 301 of the Act and Sections 1.903 and 1.949(a) of the Rules and for willful and repeated failure to respond to a Bureau order. 13. IT IS FURTHER ORDERED
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- is attached hereto. 3. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the investigation. 4. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by section 0.111 and 0.311 of the Commission's Rules, that the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau 47 U.S.C. S: 310(d). 47 U.S.C. S: 154(i). 47 C.F.R. S:S: 0.111, 0.311. Federal Communications Commission DA 07-3095 DRAFT Federal Communications Commission DA 05-XXX References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3095A1.pdf
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- NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation or reduction of the $7,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Donald Winton IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 95.426(a) of the Act. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
- http://transition.fcc.gov/eb/Orders/2007/DA-07-3099A1.html
- the Enforcement Bureau ("Atlanta Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $4,000 to Brenau. Brenau has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Brenau University Network IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for violation of Section 73.3527 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
- http://transition.fcc.gov/eb/Orders/2007/DA-07-3238A1.html
- Bureau ("Houston Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Mr. McCollum. Mr. McCollum has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Michael Thomas McCollum IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Mechanicsville Telephone Company apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, MECHANICHVILLE TELEPHONE COMPANY IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
- http://transition.fcc.gov/eb/Orders/2007/DA-07-3282A1.html
- advertisements to the three consumers identified in the Appendix. We have further determined that CyberData, Inc. is apparently liable for a forfeiture in the amount of $13,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that CyberData, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $13,500 (thirteen thousand, five hundred dollars) for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3),
- http://transition.fcc.gov/eb/Orders/2007/DA-07-3291A1.html
- violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Audio-Video Corporation d/b/a A-1 Communications apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, AUDIO-VIDEO CORPORATION D/B/A A-1 COMMUNICATIONS IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of
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- to the five consumers identified in the Appendix. We have further determined that Troescher Typing Service is apparently liable for a forfeiture in the amount of $22,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Troescher Typing Service is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $22,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- 3 consumers identified in the Appendix. We have further determined that ESpeed Mortgage Dot Com, LLC is apparently liable for a forfeiture in the amount of $13,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that ESpeed Mortgage Dot Com, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $13,500 (thirteen thousand five hundred dollars) for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47
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- advertisement to the consumer identified in the Appendix. We have further determined that Aras Marketing, Inc. is apparently liable for a forfeiture in the amount of $4,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Aras Marketing, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- identified above. We have further determined that Travelcomm Industries, Inc. is apparently liable for a forfeiture in the amount of $4,500. 11. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S: 0.111, 0.311, that Travelcomm Industries, Inc. IS hereby NOTIFIED of an Apparent Liability for Forfeiture in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(B) of the Act, 47 U.S.C. S: 227(b)(1)(B), section 64.1200(a)(2) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(2), and the related orders described above.
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- action could take the form of higher monetary forfeitures and/or possible revocation of ITE's operating authority, including disqualification of ITE's principals from the provision of any interstate common carrier services without the prior consent of the Commission. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Commission's rules, that International Telecom Exchange, Inc. and International Telecom Exchange Group, Inc. SHALL FORFEIT to the United States government the sum of $28,062 for willfully and repeatedly violating the Commission's rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Mr. Smallwood willfully violated Sections 11.35 and 73.3526 of the Rules and that no reduction of the proposed $7,000 forfeiture is warranted. IV. ordering clauses 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ora Roberts Smallwood, III IS LIABLE FOR A MONETARY FORFEITURE in the amount of eighteen thousand dollars ($18,000) for willfully violating Sections 11.35 and 73.3526 of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- qualifications, including those related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigations. 5. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Act and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigatory proceedings ARE TERMINATED. 7. IT IS FURTHER ORDERED that the Ramcell Licensees shall make their voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management
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- certified mail was signed for by a company employee. Additionally, the Company has not provided adequate justification to merit a reduction of the forfeiture amount. After fully considering the facts and circumstances described herein, we believe the forfeiture of $4,000 is warranted in this case. 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 180(f)(4) of the Rules, Connect Paging, Inc. d/b/a Get A Phone IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 503 of the Act and Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the forfeiture is not paid within
- http://transition.fcc.gov/eb/Orders/2007/DA-07-3582A1.html
- A Phone has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Connect apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Connect Paging, Inc. d/b/a Get A Phone IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section
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- the competency of legal counsel or because of the mismanagement of its affairs during a period of transition does not serve the public interest. Thus, after fully considering the facts and circumstances described herein, we believe the forfeiture of $4,000 is warranted in this case. 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 180(f)(4) of the Rules, PhoneCo, LP IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 503 of the Act and Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the forfeiture is not paid within the period specified, the case
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- apparently violated Section 64.2009(e) of the Commission's rules by failing to maintain an adequate CPNI compliance certificate in accordance with the rule. We find Capital Telecommunications, Inc. apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, CAPTIAL TELECOMMUNICATIONS, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
- http://transition.fcc.gov/eb/Orders/2007/DA-07-3597A1.html
- a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Emile. Emile has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Marcel Emile IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If
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- devices. 2. On January 31, 2007, the Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $25,000 to RMR. RMR has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Rocky Mountain Radar IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803, 15.205 and 15.209 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
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- a pirate broadcaster who lacks prior authority, and thus downwardly adjust the $10,000 base forfeiture amount accordingly. Thus, we propose an aggregate forfeiture of eight thousand dollars ($8,000) ($3,000 for failure to timely file a renewal application and $5,000 for unauthorized operations). IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Hmong American Community, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 301 of the Act and Section 73.3539 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days
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- Order. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, M.R.S. Ventures, Inc.'s petition for reconsideration of the June 8, 2007 Forfeiture Order IS hereby DENIED. 10. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, M.R.S. Ventures, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules. 11. Payment of the $7,000 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- to character, to hold or obtain any Commission license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Bureau's investigation in this proceeding IS TERMINATED. 7. IT IS FURTHER ORDERED that 127, Inc. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument,
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- Order. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, Wilson Broadcasting, Inc.'s petition for reconsideration of the April 23, 2007 Forfeiture Order IS hereby DENIED. 12. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Wilson Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Section 73.3526 of the Rules. 13. Payment of the $12,000 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- the internal communications problem that resulted in its failure to respond to the Division's letters of inquiry. Although GGP's corrective measures are commendable, it is well-settled that subsequent remedial actions undertaken by a licensee neither excuse nor nullify a licensee's rule violation. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, GGP, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand, four hundred dollars ($8,400) for willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules, and for willful and repeated failure to respond to Bureau directives. 9. Payment of the forfeiture shall
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- based upon the fact that Walgreens has a history of compliance with the Commission's rules and that it voluntarily disclosed the violations to Commission staff after learning of its violations prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Walgreen Co. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for its apparent willful and repeated violations of Section 301 of the Act and Sections 25.102(a), 25.117(a), and 25.118(a) of the Rules. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
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- has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find River City Wireless apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, River City Wireless IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
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- Clear Channel's exceptional size and ability to pay a forfeiture. Therefore, based upon the facts and circumstances presented here, we find that Citicasters is apparently liable in the amount of $10,000 for violating the telephone broadcast rule. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Citicasters Licenses, L.P. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 73.1206 of the Commission's Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date
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- IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, A Radio, Inc.'s petition for reconsideration of the November 3, 2006 Forfeiture Order IS hereby GRANTED IN PART and DENIED IN PART. 8. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, A Radio, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violation of Sections 73.49, 73.1350(a), and 73.3526 of the Rules. 9. Payment of the $14,000 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- of the Rules and willfully violated Section 73.3526 of the Rules. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $3,500 is appropriate based on Flagship's demonstrated inability to pay. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Flagship Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand five hundred dollars ($3,500) for violation of Sections 17.57 and 73.3526 of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- to retain his amateur radio authorization. Consequently, we will commence a hearing proceeding before an administrative law judge to provide Mr. Titus with an opportunity to demonstrate why his above-captioned license should not be revoked. IV. ORDERING CLAUSES 6. ACCORDINGLY, pursuant to Sections 312(a) and (c) of the Communications Act of 1934, as amended, and authority delegated pursuant to Sections 0.111, 0.311, and 1.91(a), of the Commission's rules, David L. Titus is hereby ORDERED TO SHOW CAUSE why his authorization for Amateur Radio Station KB7ILD SHOULD NOT BE REVOKED in a proceeding before an administrative law judge, at a time and place to be specified in a subsequent order, upon the following issues: (a) to determine the effect of David L.
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- 11. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $6,400 is warranted. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, One Mart Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,400 for willfully and repeatedly violating Section 11.35 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- the Enforcement Bureau ("Norfolk Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $4,000 to Wise. Wise has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Radio Wise, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for violation of Section 73.3526 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- 11. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that no reduction of the proposed $8,000 forfeiture is warranted. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Broadcast Entertainment Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating Section 73.3526 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture from $4,000 to $2,000 is warranted. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Larson-Wynn, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for willfully and repeatedly violating Section 73.1350(a) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- violated Section 73.49 of the Rules, based upon its inability to pay, we conclude that pursuant to Section 503(b) of the Act and the Forfeiture Policy Statement, further reduction of the forfeiture to $2,800 is warranted. IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Pereira Broadcasting, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,800 for repeatedly violating Section 73.49 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- 13. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $6,400 is warranted. IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Three Angels Broadcasting Network, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,400 for repeatedly violating Section 11.35(a) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, Delta Radio Greenville, LLC's petition for reconsideration of the October 1, 2004 Forfeiture Order IS hereby DENIED. 13. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Delta Radio Greenville, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Sections 11.35 and 73.49 of the Rules. 14. Payment of the $12,000 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, Donald Winton's petition for reconsideration of the July 12, 2007 Forfeiture Order IS hereby DENIED IN PART and GRANTED IN PART. 9. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Donald Winton IS LIABLE FOR A MONETARY FORFEITURE in the amount of two hundred and twenty-five dollars ($225) for violation of Section 95.426(a) of the Rules. 10. Payment of the $225 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- of the Act, 47 U.S.C. S: 503(b)(2)(D), and the Forfeiture Policy Statement, we believe a $4,000 forfeiture is appropriate in this case, which represents the base amount for the cablecast transmitted by CN8 on September 21, 2006. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Comcast Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Four Thousand Dollars ($4,000) for willfully violating Section 76.1615 of the Commission's rules. 11. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days of the release of this Notice, Comcast Corporation
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- Ms. Lee is unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Calvin B. Kurimai, Esq., Assistant United States Attorney Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) See 47 C.F.R. S:S: 0.111(a)(14), 54.521. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Scott A. Federowicz, Notice of Suspension and Initiation of Debarment Proceedings, 22 FCC Rcd 11569 (Inv. & Hearings Div., Enf. Bur. 2007) (Attachment 1). 72 Fed. Reg. 39425 (Jul. 18, 2007). See Notice of Suspension, 22 FCC Rcd at 11571. See 47
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- our review, we conclude that MRA willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $3,200 is warranted. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Mobile Relay Associates IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for willfully and repeatedly violating Section 1.903(a) of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- 12. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $6,400 is warranted. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Chula Vista Cable, Ltd., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,400 for repeatedly violating Section 11.35 of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- 15. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $5,600 is warranted. IV. ORDERING CLAUSES 16. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Puget Sound Educational TV, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,600 for willfully and repeatedly violating Section 73.1125(a) of the Rules. 17. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- of three counts of mail fraud. United States v. Richard E. Brown, Criminal Docket No. 3:07-CR-29 (RNC), Plea Agreement (D.Conn. filed Feb. 13, 2007 and entered Feb. 14, 2007) ("Brown Plea Agreement"); United States v. Richard E. Brown, 3:07-CR-29 (RNC), Judgment (D.Conn. filed Sept. 6, 2007 and entered Sept. 7, 2007) ("Brown Judgment"). 47 C.F.R. S: 54.521; 47 C.F.R. S: 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. S: 54.521). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225, P: 66 (2003) ("Second Report and Order"). The Commission's debarment rules define a "person" as "[a]ny individual,
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- station. 2. On March 15, 2007, the Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $5,200 to Imperial. Imperial has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Imperial Sugar Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand two hundred dollars ($5,200) for willfully and repeatedly violating Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- of $4,000 for each of the four apparent violations of Section 76.1615. Consequently, we propose a forfeiture in the amount of $16,000 for the cablecasts transmitted by CN8 on September 26 and 28, and October 3, 2006. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Comcast Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Sixteen Thousand Dollars ($16,000) for willfully and repeatedly violating Section 76.1615 of the Commission's rules. 14. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days of the release of this Notice,
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- advertisements to the three consumers identified in the Appendix. We have further determined that Venali, Inc. is apparently liable for a forfeiture in the amount of $18,000. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Venali, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $18,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders described
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- to the two consumers identified in the Appendix. We have further determined that Red Rose International is apparently liable for a forfeiture in the amount of $20,000. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Red Rose International is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $20,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- we find no basis for cancellation or reduction of the $4,000 forfeiture proposed for this violation. However, as Unique has already paid $400 of the $4,000 proposed forfeiture, we issue a forfeiture in the amount of $3,600. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Unique Broadcasting, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand six hundred dollars ($3,600) for willfully and repeatedly violating Section 308(b) of the Act. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- to the three consumers identified in the Appendix. We have further determined that Mario's Roofing, Inc. is apparently liable for a forfeiture in the amount of $13,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Mario's Roofing is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $13,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders described
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- to the one consumer identified in the Appendix. We have further determined that Alliance Capital Corporation is apparently liable for a forfeiture in the amount of $4,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Alliance Capital Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- subsequent conviction of conspiracy to defraud the United States. United States v. Evelyn Myers Scott, Criminal Docket No. 1:07-CR-139-CC-02, Plea Agreement (N.D.Ga. filed May 2, 2007 and entered May 7, 2007) ("Myers Scott Plea Agreement"); United States v. Evelyn Myers Scott, 1:07-CR-139-CC-02, Judgment (N.D.Ga. filed and entered Oct. 2, 2007) ("Myers Scott Judgment"). 47 C.F.R. S: 54.521; 47 C.F.R. S: 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. S: 54.521). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225, P: 66 (2003) ("Second Report and Order"). The Commission's debarment rules define a "person" as "[a]ny individual,
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- conspiracy to defraud the United States and one count of bribery. United States v. Arthur R. Scott, Criminal Docket No. 1:07-CR-139-CC-01, Plea Agreement (N.D.Ga. filed May 2, 2007 and entered May 7, 2007) ("Scott Plea Agreement"); United States v. Arthur R. Scott, 1:07-CR-139-CC-01, Judgment (N.D.Ga. filed and entered Oct. 2, 2007) ("Scott Judgment"). 47 C.F.R. S: 54.521; 47 C.F.R. S: 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. S: 54.521). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225, P: 66 (2003) ("Second Report and Order"). The Commission's debarment rules define a "person" as "[a]ny individual,
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- company failed to take immediate action to notify Commission staff after learning of the unauthorized operation. Under the circumstances, and consistent with precedent, we find that no reduction of the proposed forfeiture for good faith efforts to comply is warranted. I. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Five Star IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand, five hundred dollars ($6,500) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
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- unauthorized equipment. In this case, we note that MRC marketed one model of uncertified 4.9 GHz aeronautical transmitting equipment. We, therefore, find it appropriate and consistent with precedent to propose a forfeiture of $7,000 for MRC's marketing of uncertified equipment. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Microwave Radio Communications LLC IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803(a)(1) and 90.203 of the Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
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- qualifications, including those related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Act and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigatory proceeding IS TERMINATED. 7. IT IS FURTHER ORDERED that Alltel shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at
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- issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $8,000 to Eagle West. Despite repeated contacts by the San Diego Office, Eagle West has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Eagle West Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating Section 11.35 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- Angeles Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $14,000 to Kaltenbach. Despite repeated contacts by the Los Angeles Office, Kaltenbach has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jason Kaltenbach d/b/a Metamerchant, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $14,000 for willfully and repeatedly violating of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. 4. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. 5. NOS shall make its voluntary contribution to the United States Treasury by mailing payment by check or money order to Forfeiture Collection Section, Finance Branch, Federal Communications Commission, P.O. Box 358340, Pittsburgh, Pennsylvania 15251. Payment by overnight mail may be sent to Mellon Client Service Center,
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- purchase medication and medical supplies and that he is disabled and lives on a fixed income. We note that Low Power Radio will have an opportunity to present documentation concerning its ability to pay the proposed forfeiture in response to the NAL. III. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Liam Patrick Ryan d/b/a L.P. Ryan / Low Power Radio IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
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- New York Field Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $17,000 to Diaz. Diaz has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jairo Diaz IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully and repeatedly violating Sections 301 and 303(n) of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this
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- to the two consumers identified in the Appendix. We have further determined that Troescher Typing Service is apparently liable for a forfeiture in the amount of $9,000. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Troescher Typing Service is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- documents. 2. On April 12, 2007, the Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $9,200 to RSDC. RSDC has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, RSDC of Michigan, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of nine thousand, two hundred dollars ($9,200) for willfully and repeatedly violating Section 301 of the Act and Sections 1.903 and 1.949(a) of the Rules and for willfully and repeatedly failing to respond to a Bureau order. 4. Payment of the
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- On July 10, 2007, the Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,500 to Yellow Cab. Yellow Cab has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Yellow Cab Leasing, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand, five hundred dollars ($10,500) for willfully and repeatedly violating Section 301 of the Act and Sections 1.903 and 1.949(a) of the Rules and for willfully and repeatedly failing to respond to a Bureau order. 4. Payment of the
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- their telephone numbers on the National Do-Not-Call registry. We have further determined that See Through Windows is apparently liable for a forfeiture in the amount of $20,000. 11. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that See Through Windows is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $20,000 for willful or repeated violations of section 64.1200(c)(2) of the Commission's rules, 47 C.F.R. S: 64.1200(c)(2), and the related orders described in the paragraphs above. 12. IT IS FURTHER ORDERED
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- hearing. Consequently, we hereby designate the matter for hearing before a Commission administrative law judge to provide Mr. Keeney with an opportunity to demonstrate why his license should not be revoked. IV. ORDERING CLAUSES 7. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 312(a) and (c) of the Communications Act of 1934, as amended, and authority delegated pursuant to Sections 0.111, 0.311, and 1.91(a), of the Commission's rules, Lonnie L. Keeney is hereby ORDERED TO SHOW CAUSE why his authorization for Amateur Radio License KB9RFO should not be revoked. Lonnie L. Keeney shall appear before an administrative law judge at a time and place to be specified in a subsequent order and provide evidence upon the following issues: (a) to determine
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- of ) ROBERT D. LANDIS ) EB Docket No. 06-149 Amateur Radio Operator and Licensee of ) File No. EB-05-IH-0973 Amateur Radio Station N6FRV ) ) ORDER OF REVOCATION Adopted: November 20, 2007 Released: November 20, 2007 By the Chief, Enforcement Bureau: I. introduction 1. By this Order of Revocation, pursuant to authority delegated to the Enforcement Bureau under Section 0.111(a)(17) of the Commission's Rules, we revoke the captioned Amateur license held by Robert D. Landis. Based on the evidence of his convictions for child molestation, we conclude that Mr. Landis lacks the basic requisite character qualifications to be and remain a Commission licensee. II. background 2. On August 1, 2006, the Commission, by the Chief, Enforcement Bureau, designated this case
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- forfeiture calculation and methodology set forth in the NAL. Applying the factors set forth in Section 1.80 and Section 503(b)(2)(D) of the Act to the instant case, we conclude that Spectracom is liable for a $12,000 forfeiture. IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's Rules, Spectracom, LLC SHALL FORFEIT to the United States government the sum of $12,000 for willfully violating Section 1.948 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release of this Forfeiture Order. If the
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- a reduction of the forfeiture penalty proposed in the NAL. For these reasons, we hereby impose a forfeiture of $17,500 for C5 Communication's violations of Section 1.17 of the Commission's rules, as set forth in the NAL. IV. ORDERING CLAUSES 6. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's Rules, C5 Communications, LLC SHALL FORFEIT to the United States government the sum of $17,500 for willfully violating Section 1.17 of the Commission's rules. 7. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release of this Forfeiture Order.
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- related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the enforcement proceeding. 5. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 503(b) of the Act, and the authority delegated by Sections 0.111 and 0.311 of Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned enforcement proceeding IS TERMINATED. 7. IT IS FURTHER ORDERED that Doss shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at
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- substantial and material questions of fact in regard to the above-referenced investigation as to whether CBS and KUTV possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the objections to the renewal application of Station KUTV(TV) received by, or in the possession of, the Media Bureau on or around August 28, 2006, as well as any other similar pleadings filed against stations licensed to any subsidiaries of CBS, alleging
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- violated the referenced sections of the Act and Rules, that the proposed forfeiture in the amount of seven thousand dollars ($7,000) is appropriate, and that Antique Radio Collector has not demonstrated that a reduction or cancellation of the proposed forfeiture is warranted. IV. ordering Clauses 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Richard Mann d/b/a The Antique Radio Collector IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80
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- Ms. Lee is unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Calvin B. Kurimai, Esq., Assistant United States Attorney Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) See 47 C.F.R. S:S: 0.111(a)(14), 54.521. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Scott A. Federowicz, Notice of Suspension and Initiation of Debarment Proceedings, 22 FCC Rcd 17341 (Inv. & Hearings Div., Enf. Bur. 2007) (Attachment 1). 72 Fed. Reg. 57574 (October 10, 2007). See Notice of Suspension, 22 FCC Rcd at 17343. See 47
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- has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Dialaround Enterprises Inc. apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, DIALAROUND ENTERPRISES INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
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- the Act. We therefore find that Fibertech is a "telecommunications carrier" entitled to pole attachments under section 224(f), and grant the relief requested in the Complaint. V. ordering clauseS 30. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. SS 151, 154(i), 154(j), and 224, and sections 0.111 and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. SS 0.111 and SS 1.1401-1.1418, that the Complaint IS GRANTED. 31. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. SS 151, 154(i), 154(j), and 224, and sections 0.111 and 1.1401-1.1418 of the Commission's Rules, 47 C.F.R. SS 0.111
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- is attached hereto. 3. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the investigation. 4. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by section 0.111 and 0.311 of the Commission's Rules, that the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau 47 U.S.C. S: 154(i). 47 C.F.R. S:S: 0.111, 0.311. Federal Communications Commission DA 07-4875 DRAFT Federal Communications Commission DA 05-XXX References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4875A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4875A1.doc 3. http://transition.fcc.gov/eb/Orders/2007/DA-07-4875A2.html
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- is attached hereto. 3. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the investigation. 4. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by section 0.111 and 0.311 of the Commission's Rules, that the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau 47 C.F.R. S: 1.17310(d). 47 U.S.C. S: 154(i). 47 C.F.R. S:S: 0.111, 0.311. Federal Communications Commission DA 07-4876 DRAFT Federal Communications Commission DA 05-XXX References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4876A1.pdf
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- including those related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act and the authority delegated by Sections 0.111 and 0.311 of the Rules, the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigatory proceeding IS TERMINATED. 7. IT IS FURTHER ORDERED that Broadcast Microwave shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at (202)
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- amount of $8,000 is appropriate for its apparent violation of the alien ownership restrictions under Section 310. Based on the facts and circumstances presented, we conclude that an aggregate proposed forfeiture of $24,000 against Satamatics is warranted. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Satamatics, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty four thousand dollars ($24,000) for willfully violating Section 214, 310(b)(4), and 310(d) of the Communications Act of 1934, as amended. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within
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- of $8,000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, the Petition for Reconsideration, filed March 5, 2007, by Eagle West Communications, Inc., IS DENIED. 10. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Eagle West Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 11.35 of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- which to reconsider the forfeiture. IV. ordering clauses 8. Accordingly, IT IS ORDERED that, pursuant to Section 405(b) of the Communications Act of 1934, as amended, and Section 1.106(f) of the Commission's Rules, the petition for reconsideration filed by Community Broadcast Group, Inc. IS DISMISSED. 9. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Community Broadcast Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand dollars ($11,000) for violation of Sections 73.1350(a) and 73.3526 of the Rules 10. Payment of the forfeiture assessed by the Forfeiture Order shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- Mr. Bazile willfully and repeatedly violated Section 301 of the Act. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $1,450 is appropriate based on his demonstrated inability to pay. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Marckenson Bazile IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand four hundred fifty dollars ($1,450) for violation of Section 301 of the Act. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- members or friends. Accordingly, we find that an upward adjustment of the base forfeiture amount is appropriate in this case and propose a forfeiture of $12,000 for the Licensee's apparent violations of Section 73.1216 of the Commission's rules. III. ORDERING CLAUSES 16. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Multicultural Radio Broadcasting Licensee, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $12,000 for willfully and repeatedly violating Sections 73.1216 of the Commission's rules. 17. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release of
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- response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis to reduce the $8,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jerry Russell dba The Russell Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35(a) of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- and willfully violated Section 73.3527 of the Rules. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $11,200 is appropriate based on Long Pond's history of compliance with the Rules. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Long Pond Baptist Church IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand two hundred dollars ($11,200) for violation of Sections 17.50 and 73.3527 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, Entravision Holdings, LLC's petition for reconsideration of the February 6, 2007 Forfeiture Order IS hereby GRANTED IN PART AND DENIED IN PART. 23. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Entravision Holdings, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 1.1310 of the Rules. 24. Payment of the $10,000 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether FMBC possess the basic qualifications, including character qualifications, to remain a Commission licensee. 4. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned investigation into the matters described herein is terminated. 6. IT IS FURTHER ORDERED that copies of this order shall be sent by regular first class mail and certified mail - return receipt requested to Joseph A. Belisle, Leibowitz &
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- Therefore, we affirm the decision in the NAL and find Sakaida liable for violation of Section 1.949(a) for the period May 29, 2006 (one year prior to adoption of the NAL) until June 19, 2006 (the date Sakaida filed its STA application). IV. ordering clauses 15. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ted Sakaida & Sons Trucking IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand, two hundred dollars ($5,200) for willful and repeated violations of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for
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- to the three consumers identified in the Appendix. We have further determined that Y Pay More is apparently liable for a forfeiture in the amount of $23,500.00. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Y Pay More is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $23,500.00 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- to the two consumers identified in the Appendix. We have further determined that Red Rose International is apparently liable for a forfeiture in the amount of $9,000. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Red Rose International is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- of our review, we conclude that Visionary willfully and repeated violated Section 1.1310. Considering the entire record and the factors listed above, we find that neither reduction or cancellation of the proposed $10,000 forfeiture is warranted IV. ORDERING CLAUSES 19. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Visionary Related Entertainment, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 1.1310 of the Rules. 20. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation or reduction of the $25,000 forfeiture proposed for this violation. IV. ordering clauses 23. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Entravision Holdings, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 1.1310 of the Rules. 24. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- have examined Infinity's response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we reduce the forfeiture proposed for this violation to $10,000. IV. ordering clauses 25. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Infinity Broadcasting Corporation of Florida IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 1.1310 of the Rules. 26. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- to pay. Toussaint stated in the response that documentation in support of his request would be submitted under separate cover. To date, no such documentation has been submitted. Accordingly, based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,Gary Toussaint IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating 47 U.S.C. S 301. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the forfeiture
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- earth station license had lapsed, it initiated the process to correct the violation. The Commission has explained that it "expects" violators to implement corrective action to bring past violations into compliance, and therefore, such actions do not nullify or mitigate past violations. IV. ordering clauses 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, La Carpa IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of six thousand, five hundred dollars ($6,500) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,
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- Duckworth willfully and repeatedly violated Section 301 of the Act. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $2,500 is appropriate based on Mr. Duckworth's demonstrated inability to pay. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Larry J. Duckworth IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand five hundred dollars ($2,500) for violation of Section 301 of the Act. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CSSI possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. 4. IT IS FURTHER ORDERED that the "Complaint" received by, or in the possession of, the Bureau, on or around September 6, 2005, alleging violation of the Underwriting Laws by CSSI, IS DISMISSED. 5. IT IS FURTHER ORDERED that the investigation by the Enforcement Bureau IS TERMINATED. 6.
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- with Section 0.459, including the standards of specificity mandated by Section 0.459(b). As discussed above, Kimberly Clark made a blanket request for confidentiality of all the information it provided. We conclude that Kimberly Clark failed to demonstrate that its LOI response warrants confidential treatment and, therefore, deny its request. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311, and 0.459(c) of the Rules, that the Request for Confidentiality filed on December 18, 2006 by Kimberly Clark IS DENIED. 8. IT IS FURTHER ORDERED that, pursuant to Section 0.459(g) of the Rules, that Kimberly Clark may file an application for review of this denial with the Commission within five (5) working days of the release date of this
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- the investigation. In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Wal-Mart possesses the basic qualifications, including character qualifications, to remain a Commission licensee. 4. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Act, and the authority delegated by Sections 0.111 and 0.311 of the Rules, that the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned investigation into the matters described herein IS TERMINATED. 6. IT IS FURTHER ORDERED that Wal-Mart shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit
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- related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest will be served by adopting the Consent Decree and terminating this investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act and Sections 0.111 and 0.311 of the Rules, the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that US Cellular shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at (202)
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- the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the forfeiture proceeding. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's forfeiture proceeding IS TERMINATED. 7. IT IS FURTHER ORDERED that CSI shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at (202)
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- the Rules. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, 127, Inc.'s petition for reconsideration of the September 6, 2006 Forfeiture Order IS hereby DENIED. 13. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, 127, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of sixteen thousand eight hundred dollars ($16,800) for violation of Sections 73.1125(a), 73.1745, and 73.3526(a) of the Rules. 14. Payment of the $16,800 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, Jose A. Mollinedo's Petition for Reconsideration, filed February 13, 2006, IS GRANTED TO THE EXTENT INDICATED HEREIN AND DENIED IN ALL OTHER RESPECTS. 6. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Jose A. Mollinedo IS LIABLE FOR A MONETARY FORFEITURE in the amount of five hundred dollars ($500) for violations of Section 301 of the Act. 7. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- nullify or mitigate any prior forfeitures or violations. Finally, we also decline to reduce the proposed forfeiture based on WADV's history of compliance. WADV previously has received three Notices of Violation, two of which included violations for over-powered operation. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, WADV Radio, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 73.1745(a) of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order.
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- to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation of the $7,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ben Metzger dba 1 Stop Communications / 1 Stop CB Shop IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and 2.803(a) of the Rules. 17. Payment of the forfeiture shall be made in the manner provided for
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- with the Forfeiture Policy Statement. As a result of our review, we conclude that Rama willfully and repeatedly violated Sections 11.35(a) and 73.49 of the Rules and that no reduction of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Rama Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violation of Sections 11.35(a) and 73.49 of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- questions of fact as to whether the Stations posses the basic qualifications, including character qualifications, to remain a Commission licensee. Furthermore, we find that the Notice of Apparent Liability issued in this proceeding is null and void. 4. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED and the Notice of Apparent Liability IS CANCELLED. 5. IT IS FURTHER ORDERED that the above-captioned investigation into the matters described herein is terminated. 6. IT IS FURTHER ORDERED that copies of this order shall be sent by regular first class mail and certified mail - return
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NMI possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. 4. IT IS FURTHER ORDERED that the "Complaint" dated December 9, 2005, alleging violation of the Underwriting Laws by NMI, IS DISMISSED. 5. IT IS FURTHER ORDERED that the investigation by the Enforcement Bureau IS TERMINATED. 6. IT IS FURTHER ORDERED that copies of this Order shall be
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- a downward adjustment of the proposed forfeiture from $10,000 to $8,000 is warranted because Lockheed Martin made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Lockheed Martin IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of eight thousand dollars ($8,000) for the willful and repeated violation of Section 301 of the Act and Section 25.102(a) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of
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- deny the Petition. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, Farmworkers Educational Radio Network, Inc.'s Petition for Reconsideration, filed July 31, 2006, IS DENIED. 14. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Farmworkers Educational Radio Network, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35 of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- may require. We conclude that the violation here primarily occurred due to inadequate planning and control, and not due to a deliberate attempt to deceive and that the base forfeiture amount of $4,000 is appropriate in this case. IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Saga Communications of New England, L.L.C., is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 73.1216 of the Commission's rules. 10. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release
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- the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require." Having considered these factors, we find that a $4,000 proposed forfeiture is appropriate in this case. V. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Entercom Wichita License, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 73.1216 of the Commission's rules. 10. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release of this
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- that the Licensee aired the conversation on at least three separate occasions, January 7, 10 and 11, 2005. Therefore, we believe that an upward adjustment of the base forfeiture amount is appropriate, and propose a forfeiture of $8,000. I. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules that WMGO Broadcasting Corp., Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $15,000 for willfully and repeatedly violating Section 73.1206 of the Commission's rules. 12. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules that within thirty (30) days of the release of this
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- matters as justice may require. After considering the record, the factors contained in Section 503(b)(2)(D) of the Act, 47 U.S.C. S 503(b)(2)(D), and the Forfeiture Policy Statement, we believe that a $4,000 forfeiture is appropriate in this case. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that CBS Radio Inc. of Philadelphia, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $3,000 for willfully and repeatedly violating Section 73.1216 of the Commission's rules. 11. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release of
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- forfeiture is appropriate in this case. Specifically, we conclude that the violation occurred due to inadequate planning and control, and not due to a deliberate attempt to deceive or to favor a particular contestant or class of contestants. V. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Commission's rules, that Access 1 New Jersey License Company, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for willfully and repeatedly violating section 73.1216 of the Commission's rules. 12. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty (30) days of the
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- or material questions of fact as to whether Midwest possess the basic qualifications, including character qualifications, to remain a Commission licensee. Furthermore, we find that the Notice of Apparent Liability issued in this proceeding is null and void. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED and the Notice of Apparent Liability IS CANCELLED. IT IS FURTHER ORDERED that the above-captioned investigation into the matters described herein is terminated. 6. IT IS FURTHER ORDERED that copies of this order shall be sent by regular first class mail and certified mail - return receipt
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- to pay a forfeiture. We have reviewed the federal tax returns submitted by Truatt and find that the forfeiture, as reduced, represents a percentage of gross income that falls within the range that has been found acceptable. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Frank R. Truatt IS LIABLE FOR A MONETARY FORFEITURE in the amount of nine thousand six hundred dollars ($9,600) for willful and repeated violation of Sections 11.35(a), 73.1590(a)(6), and 73.3526(e)(12) of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty
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- we believe a $36,000 forfeiture is appropriate for Sinclair's violations. This represents the base amount for the single broadcast of the ABF program over each of the nine above-captioned Sinclair stations on September 11 or 12, 2004. I. Ordering clauses 19. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Sonshine is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Forty Thousand Dollars ($40,000) for willfully and repeatedly violating Section 317(a)(1) of the Act and Section 73.1212(a) of the Commission's rules. 20. IT IS FURTHER ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,
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- be assessed or should be reduced. The NAL was sent by certified mail to LocateCell's last known address. LocateCell has not filed a response to the NAL nor has LocateCell paid the proposed forfeiture amount. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 180(f)(4) of the Rules, LocateCell IS LIABLE FOR A MONETARY FORFEITURE in the amount of ninety-seven thousand five hundred dollars ($97,5000) for willfully and repeatedly violating Section 503 of the Act and Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the forfeiture is not paid within the period specified, the
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- each of the nine models of devices, for an aggregate proposed forfeiture of $63,000. Consistent with precedent, we have considered the statutory factors set forth above and conclude that no adjustment of the proposed forfeiture from the aggregate base amount is warranted. IV. Ordering CLauses 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Austin Hughes Solutions, Inc., IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of sixty-three thousand dollars ($63,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a)(2) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) days
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- that Hawking imported and sold and the fact that the violations continued over a 12-month period. Accordingly, applying the Forfeiture Policy Statement and statutory factors to the instant case, we conclude that Hawking is apparently liable for a $50,000 forfeiture. IV. ORDERING CLAUSES 28. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Hawking Technologies, Inc., IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifty thousand dollars ($50,000) for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803(a) and 15.204(d) of the Rules. 29. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty
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- and disregard for these rules, meriting a larger forfeiture amount based on the company's culpability. Accordingly, we propose an aggregate forfeiture of $150,000 for Ramko's apparent willful and repeated violation of Section 302(b) of the Act and Section 2.803 of the Rules. IV. Ordering CLauses 24. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Ramko Distributors, Inc., IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of one hundred fifty thousand dollars ($150,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803 of the Rules. 25. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30)
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- Such conduct is unfair to other applicants and clearly undermines the integrity and success of the Commission's auctions. Prohibiting such communications between applicants during the proscribed auction period protects a valid governmental interest without infringing unduly on the First Amendment rights of auction participants. A. The Enforcement Bureau Has Jurisdiction To Enforce The Anti-Collusion Rules 20. Northeast argues that section 0.111 of the Commission's rules denies the Enforcement Bureau jurisdiction to render a forfeiture order against it because this matter is related "to a pending application for a license." Section 0.111(a) of the Commission's rules conveys to the Enforcement Bureau the primary responsibility for enforcement functions related to certain Commission rules and regulations. Contrary to Northeast's implication, by enforcing the anti-collusion
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- including those related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and the authority delegated by section 0.111 and 0.311 of the Commission's Rules, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation is terminated. 7. IT IS FURTHER ORDERED that Rajant shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order of
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- Claro willfully and repeatedly violated Section 73.1125(a) of the Rules and repeatedly violations Section 73.1745(a) of the Rules. However, we reduce the forfeiture for these violations to $8,800, based on Claro's history of compliance with the Rules. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Claro Communications, LTD. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand eight hundred dollars ($8,800) for violation of Sections 73.1125 and 73.1745 of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. S:S: 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S: 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that the Joint Request to Withdraw Complaint with Prejudice IS GRANTED. 5. 10. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. S:S: 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S: 1.1401-1.1418, and the authority
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- numbers on the National Do-Not-Call registry. We have further determined that AZ Prime One Mortgage Corporation is apparently liable for a forfeiture in the amount of $20,000.00. 11. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that AZ Prime One Mortgage Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $20,000.00 for willful or repeated violations of section 64.1200(c)(2) of the Commission's rules, 47 C.F.R. S: 64.1200(c)(2), and the related orders described in the paragraphs above. 12. IT IS
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- is warranted for an inability to pay. Accordingly, we find that Side by Side willfully and repeatedly violated Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules and that a forfeiture in the amount of $5,200 is appropriate. IV. ORDERING Clauses 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Side by Side, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand two hundred dollars ($5,200) for willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. 11. Payment of the forfeiture must be made by check or similar instrument, payable to
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- a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Whitley. Whitley has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Trevor Whitely IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Account Number and
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- a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $17,000 to Clemons. Clemons has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Charles Clemons IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Account Number and
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- a good overall prior compliance record, and because partial reduction is appropriate for excluding the announcement permissibly made on behalf of The School House, we will reduce the forfeiture amount proposed in the NAL from $20,000 to $9,000. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, that Christian Voice of Central Ohio, Inc., licensee of then-noncommercial educational Station WCVZ(FM), South Zanesville, Ohio, FORFEIT to the United States the sum of Nine Thousand Dollars ($9,000) for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. S: 399b, and Section 73.503(d) of the Commission's rules,
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- including all potential sources of income. We have reviewed the personal income tax returns submitted by Ramos and we find that the forfeiture represents a percentage of gross income that falls within the range that has been found acceptable. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Eliandro B. Ramos IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order.
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- the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $3,200 is warranted, based on ASA's history of compliance. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, ASA Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand two hundred dollars ($3,200) for violation of Section 73.1745(a) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- evidence relating to these matters, we conclude that our investigations raise no substantial or material questions of fact as to whether Custer possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Peter M. Connolly, Esq., Holland & Knight
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- Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Trent B. Harkrader Deputy Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Anthony E. Kaplan, Esq., Supervisory Assistant United States Attorney Calvin B. Kurimai, Esq., Assistant United States Attorney See 47 C.F.R. S:S: 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Thomas J. Kennedy III, Notice of Suspension and Initiation of Debarment Proceedings, 23 FCC Rcd 1669 (Inv. & Hearings Div., Enf. Bur. 2008) (Attachment 1). 73 Fed. Reg. 12733 (March 10, 2008). See Notice of Suspension, 23 FCC Rcd at 1670-72. See
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- Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Anthony E. Kaplan, Esq., Supervisory Assistant United States Attorney Calvin B. Kurimai, Esq., Assistant United States Attorney See 47 C.F.R. S:S: 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Keith J. Madeiros, Notice of Suspension and Initiation of Debarment Proceedings, 23 FCC Rcd 465 (Inv. & Hearings Div., Enf. Bur. 2008) (Attachment 1). 73 Fed. Reg. 18797 (April 7, 2008). See Notice of Suspension, 23 FCC Rcd at 466-68. See 47
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether WTI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that WTI shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the Order
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- ("Allan Green Judgment"), Substitute Information (N.D.Cal. filed Apr. 9, 2007 and entered Apr. 10, 2007) ("Allan Green Substitute Information"). See United States v. Video Network Communications, Inc. et al., Criminal Docket No. 3:05-CR-00208-CRB, Superseding Indictment (N.D.Cal. filed Dec. 8, 2005 and entered Dec. 12, 2005); http://www.usdoj.gov/atr/cases/f213600/213626.htm (accessed May 1, 2008) ("VNCI Superseding Indictment"). 47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
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- Nelson, Criminal Docket No. 3:05-CR-00208-CRB-011, Judgment (N.D.Cal. filed and entered Mar. 21, 2008) ("Earl Nelson Judgment"). See United States v. Video Network Communications, Inc. et al., Criminal Docket No. 3:05-CR-00208-CRB, Superseding Indictment at P:P: 79-80 (N.D.Cal. filed Dec. 8, 2005 and entered Dec. 12, 2005); http://www.usdoj.gov/atr/cases/f213600/213626.htm (accessed May 1, 2008) ("VNCI Superseding Indictment"). 47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
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- Marchelos, Criminal Docket No. 3:05-CR-00208-CRB-009, Judgment (N.D.Cal. filed and entered Apr. 10, 2008) ("George Marchelos Judgment"). See United States v. Video Network Communications, Inc. et al., Criminal Docket No. 3:05-CR-00208-CRB, Superseding Indictment at P:P: 72-88 (N.D.Cal. filed Dec. 8, 2005 and entered Dec. 12, 2005), http://www.usdoj.gov/atr/cases/f213600/213626.htm (accessed May 1, 2008) ("VNCI Superseding Indictment"). 47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
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- Esq., Universal Service Administrative Company (via e-mail) Michael Wood, Antitrust Division, United States Department of Justice (via mail) Any further reference in this letter to "your conviction" refers to your twenty-two count conviction. United States v. Judy Green, Criminal Docket No. 3:05-CR-00208-WHA-007, Judgment (N.D.Cal. filed and entered March 19, 2008) ("Judy Green Judgment"). 47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
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- Apr. 9, 2008) ("Holman Judgment"), Substitute Information (N.D.Cal. filed and entered Apr. 5, 2007) ("Holman Substitute Information"). See also generally United States v. Video Network Communications, Inc. et al., Criminal Docket No. 3:05-CR-00208-CRB, Superseding Indictment (N.D.Cal. filed Dec. 8, 2005 and entered Dec. 12, 2005), http://www.usdoj.gov/atr/cases/f213600/213626.htm (accessed May 1, 2008) ("VNCI Superseding Indictment"). 47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Choice possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Sylvia Lesse, Esq., Counsel for Choice
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- conclude that Southern willfully and repeatedly violated Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $800 is warranted. IV. ORDERING CLAUSES 16. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Southern New Mexico Radio Foundation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $800 for willfully and repeatedly violating Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules. 17. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- Office prior to the NAL, and the substantial reduction of the proposed forfeiture based on a demonstrated inability to pay, we caution the Campos that any new violations would mitigate against forfeiture reduction in the future. IV. ORDERING CLAUSES 17. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Martha S. and Miguel G. Campos, ARE LIABLE FOR A MONETARY FORFEITURE in the amount of $800 for willfully violating Section 301 of the Act. 18. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $350 is warranted, based on demonstrated inability to pay. IV. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Richard Ross IS LIABLE FOR A MONETARY FORFEITURE in the amount of three hundred fifty dollars ($350) for violation of Section 301 of the Act. 18. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- the Enforcement Bureau ("Tampa Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $8,000 to Phillips. Phillips has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Phillips Broadcasting, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for violation of Section 73.3526 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j), 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. S:S: 1.720-1.736, and the authority delegated in sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that the Joint Stipulation of Dismissal IS GRANTED. 5. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j), 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. S:S: 1.720-1.736, and the authority delegated in sections
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- our review, we conclude that BCBA willfully and repeatedly violated Section 73.1745(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $3,200 is warranted. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Boulder Community Broadcast Association, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for willfully and repeatedly violating Section 73.1745(a) of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- Section 303(q) of the Act, and Sections 17.51(a), 17.47(a), 17.48, and 17.57 of the Rules. Considering the entire record and the factors listed above, we find that no reduction of the proposed $13,000 forfeiture is warranted. IV. ORDERING CLAUSES 23. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Western Slope Communications, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $13,000 for repeatedly violating Section 303(q) of the Act, and Sections 17.51(a), 17.47(a), 17.48, and 17.57 of the Rules. 24. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- San Diego Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $4,000 to Action. Despite evidence that Action received the NAL, Action has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Action Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Sections 308(b) and 403 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- Power Radio to submit a report within 30 days of the release of this Order certifying that it has ceased all marketing of the AMT3000 AM "Assembled" and "Simplified" transmitter kits, except to the extent that it is directly exporting these devices. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Liam Patrick Ryan d/b/a L.P. Ryan / Low Power Radio IS LIABLE FOR A MONETARY FORFEITURE in the amount of six hundred ten dollars ($610) for willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 12. Payment of the forfeiture must be made by check or similar
- http://transition.fcc.gov/eb/Orders/2008/DA-08-129A1.html
- 2007 guilty plea and subsequent conviction of mail fraud. United States v. Keith J. Madeiros., Criminal Docket No. 3:07-CR-29-RNC-2, Plea Agreement (D. Conn. filed Feb. 13, 2007 and entered Feb. 15, 2007) ("Madeiros Plea Agreement"); United States v. Keith J. Madeiros, 3:07-CR-29-RNC-2, Judgment (D. Conn. filed and entered Dec. 10, 2007) ("Madeiros Judgment"). 47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CapRock possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that CapRock shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the Order
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Unicom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. 7. IT IS FURTHER ORDERED that Unicom Communications, L.L.C. shall make its voluntary contribution to the United States Treasury, as specified in the Consent
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- to the one consumer identified in the Appendix. We have further determined that Atlas Advertising, Inc. is apparently liable for a forfeiture in the amount of $4,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Atlas Advertising, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether WNYC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaint against WNYC Radio before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree IS DISMISSED. 8. IT IS
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- to the four consumers identified in the Appendix. We have further determined that So Clean Inc. is apparently liable for a forfeiture in the amount of $18,000. 10. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that So Clean Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $18,000 for willful or repeated violations of section 227(b)(1)(B) of the Communications Act, 47 U.S.C. S: 227(b)(1)(B), sections 64.1200(a)(2) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(2), and the related orders
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- by failing to provide a written response to the Commission in response to an informal complaint. Accordingly, a proposed forfeiture is warranted against Defendant for this apparent willful or repeated violation. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, that Global Access, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000.00 for willfully or repeatedly failing to respond to the informal complaint served by the Commission, in violation of section 1.717 of the Commission's rules. 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within
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- advertisements to the four consumers identified in the Appendix. We have further determined that America's Toner is apparently liable for a forfeiture in the amount of $18,000. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that America's Toner is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $18,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders described
- http://transition.fcc.gov/eb/Orders/2008/DA-08-1376A1.html
- the consumer identified in the Appendix. We have further determined that Secured Finance & Investments, Inc. is apparently liable for a forfeiture in the amount of $4,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Secured Finance & Investments, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the
- http://transition.fcc.gov/eb/Orders/2008/DA-08-1377A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Variety possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that Variety Wholesalers, Inc. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to
- http://transition.fcc.gov/eb/Orders/2008/DA-08-1378A1.html
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Big Lots possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED THAT Big Lots shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Conn's possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that Conn's, Inc. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether BJ's possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that BJ's Wholesale Club, Inc. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable
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- registered his telephone number on the National Do-Not-Call registry. We have further determined that Timeshare Register is apparently liable for a forfeiture in the amount of $20,000. 11. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Timeshare Register is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $20,000 for willful or repeated violations of section 64.1200(c)(2) of the Commission's rules, 47 C.F.R. S: 64.1200(c)(2), and the related orders described in the paragraphs above. 12. IT IS FURTHER ORDERED THAT,
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- to the one consumer identified in the Appendix. We have further determined that American Locators, Inc. is apparently liable for a forfeiture in the amount of $4,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that American Locators, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Northland possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that Northland Cable Ventures, LLC shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable
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- to the three consumers identified in the Appendix. We have further determined that First Alliance Security is apparently liable for a forfeiture in the amount of $13,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that First Alliance Security is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $13,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- the four consumers identified in the Appendix. We have further determined that Coastal Steel Structures, Inc. is apparently liable for a forfeiture in the amount of $18,000. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Coastal Steel Structures, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $18,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related
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- to the two consumers identified in the Appendix. We have further determined that Cost Crunch, Inc. is apparently liable for a forfeiture in the amount of $13,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Cost Crunch, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $13,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- advertisements to the consumers identified in the Appendix. We have further determined that Modena Advertising, Inc. is apparently liable for a forfeiture in the amount of $18,000. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Modena Advertising, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $18,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Rent-A-Center possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that Rent-A-Center, Inc. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Lamkin possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. 4. IT IS FURTHER ORDERED that the above captioned matter IS TERMINATED. 5. IT IS FURTHER ORDERED that Lamkin Corporation shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order of
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- Policy Statement. As a result of our review, we conclude that Omni willfully and repeatedly violated Section 11.35(a) of the Rules. We find no basis for cancellation or reduction of the $8,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Omni Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35(a) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- that Broadcasters willfully and repeatedly violated Section 11.35(a) of the Rules. However, we reduce the forfeiture for this violation to $5,000, based on Broadcasters' history of compliance with the Rules and its inability to pay the forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, FM 92 Broadcasters, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for violation of Section 11.35 of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Trent Harkrader Deputy Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Duncan S. Currie, Esq., Chief, Dallas Field Office, Antitrust Division, Department of Justice See 47 C.F.R. S:S: 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Rafael G. Adame, Notice of Suspension and Initiation of Debarment Proceedings, 23 FCC Rcd 5518 (Inv. & Hearings Div., Enf. Bur. 2008) (Attachment 1). 73 Fed. Reg. 24287 (May 2, 2008). See Notice of Suspension, 23 FCC Rcd at 5519-21. See 47
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- for reconsideration persuasive and deny it. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 405(b) of the Communications Act of 1934, as amended, and Section 1.106(f) of the Commission's Rules, the petition for reconsideration filed by Claro Communications, LTD. IS DENIED. 10. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Claro Communications, LTD. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand eight hundred dollars ($8,800) for violation of Section 73.1125 and 73.1745 of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- York, we remind Ms. Rodriguez that prior knowledge of the law is not necessary in determining whether a violation existed. As a licensee, Ms. Rodriguez will be held responsible for any future violations of the Commission's rules. III. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the Notice of Apparent Liability for Forfeiture issued to Family Car Service, Inc. is HEREBY CANCELLED. 6. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Lillian Rodriguez at her address of record and to counsel for Lillian Rodriguez at
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Atlantic Aviation possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that Atlantic Aviation shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Farmworker possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. 4. IT IS FURTHER ORDERED that the above captioned matter IS TERMINATED. 5. IT IS FURTHER ORDERED that Farmworker Educational Radio Network, Inc., shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to
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- to the consumer identified in the Appendix. We have further determined that General Equipment & Supply is apparently liable for a forfeiture in the amount of $4,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that General Equipment & Supply is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related
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- a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Clouden. Clouden has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Richard Clouden IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Account Number and
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- Bureau ("Tampa Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $18,000 to Mr. Doe. Mr. Doe has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, John Doe IS LIABLE FOR A MONETARY FORFEITURE in the amount of $18,000 for violation of Sections 301 and 325 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $8,100 is warranted, based on demonstrated inability to pay. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Halifax Christian Community Church, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand one hundred dollars ($8,100) for violation of Section 73.845 of the Rules and Section 301 of the Act. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
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- New York Field Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Rodriguez. Rodriguez has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Frank Rodriguez IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301of the Act. 4. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Account Number and FRN
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- the Enforcement Bureau ("Atlanta Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $12,000 to D-Mitch. D-Mitch has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, D-Mitch Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,000 for violation of Sections 11.35 and 73.3526 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- advertisement to the consumer identified in the Appendix. We have further determined that Y Pay More is apparently liable for a forfeiture in the amount of $9,000. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Y Pay More is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- not have a lock shows a level of neglect that negates any effort prior to the inspection that might have warranted a good faith reduction. Consequently, we decline to reduce the forfeiture amount on this basis. IV. ORDERING CLAUSES 8. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Radio Plus, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 73.49 of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- the process of assembling and prioritizing creditors' claims against Twin Towers Broadcasting, Inc. Owner asserts that requiring full payment of the forfeiture would harm innocent creditors. Based on the totality of the circumstances, we cancel the NAL. IV. ORDERING CLAUSES 3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, the Notice of Apparent Liability for Forfeiture issued to David Ryder, Receiver for violation of Sections 17.4(g) and 17.50 of the Rules IS HEREBY CANCELED. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested to David Ryder, Receiver at
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Viaero possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Mike Felicissimo, Executive Vice-President, NE Colorado
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- case. We have examined the Response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that the CBS willfully violated Section 73.1216 of the Commission's Rules. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's Rules, CBS Radio Inc. of Philadelphia IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willful violation of Section 73.1216 of the Commission's Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- Network continues to operate its station as of July 14, 2008, without a license. Christian Family Network's failure to immediately cease operation of the station may result in further monetary fines and other more serious sanctions. IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Christian Family Network, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Licensee possesses the basic qualifications including, but not limited to, those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act and Sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against Sunshine Broadcasters, Inc. before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT
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- to the two consumers identified in the Appendix. We have further determined that Ureach Technologies, Inc. is apparently liable for a forfeiture in the amount of $9,000. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Ureach Technologies, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- from the date of violation. Accordingly, because it is not clear from the record before us whether Ryzex marketed the modified PDT6842s after 2006, we will not propose a forfeiture for marketing this model. We find, however, that an admonishment is warranted. iV. ordering clauses 20. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Ryzex, Inc., IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for marketing two models of improperly labeled PDTs in willful and repeated violation of Section 302(a) of the Act and Section 2.803(a) of the of the Rules. 21. IT IS FURTHER ORDERED that Ryzex IS
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- E970116. Finally, ABS-CBN's assertion that it did not create any interference with other licensees during the period of unauthorized operation is unavailing. It is well established that the absence of public harm is not considered a mitigating factor for a rule violation. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, ABS-CBN International, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Commission's Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80
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- identified in the Appendix. We have further determined that Tri-State Printer & Copier Supply Co., Inc. is apparently liable for a forfeiture in the amount of $9,000. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Tri-State Printer & Copier Supply Co., Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3),
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- learning from staff that no authority had been obtained for its U.S. VSAT operations, and upon staff directive to file an application requesting Commission authority as soon as possible, that Able Infosat took corrective actions to come into compliance with Commission rules. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Able Infosat Communications, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for the willful and repeated violation of Section 301 of the Act and Section 25.201(a) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within
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- response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis to reduce the $4,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Friendship Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3527 of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- advertisements to the four consumers identified in the Appendix. We have further determined that Amerilist, Inc. is apparently liable for a forfeiture in the amount of $18,000. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Amerilist, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $18,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders described
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- a downward adjustment of the proposed forfeiture from $6,500 to $5,200 is warranted because Side by Side made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Side by Side, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Commission's Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Airadigm possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Todd B. Lantor, Esq., Lukas, Nace,
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- an EAS test or actual emergency, whether intentional or accidental, compromises the integrity of the EAS system. Accordingly, we conclude that Cox Radio station WKHK is apparently liable for a $5,000 forfeiture for its willful violation of Section 11.32(a)(9)(v) of the Rules. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Cox Radio, Inc., licensee of FM Radio Station WKHK, IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of five thousand dollars ($5,000) for willful violation of Section 11.32(a)(9)(v) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release
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- to these matters, we conclude that our investigations raise no substantial or material questions of fact as to whether IT&E possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED and that the Notice of Apparent Liability for Forfeiture IS CANCELLED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified
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- (3) some other reliable and objective documentation that accurately reflects the respondent's current financial status. Despite this explicit direction, Discovery has provided no documentation to support its claim that payment of the forfeiture will be burdensome. III. ORDERING CLAUSES 5. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Discovery Transportation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. 6. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If
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- a downward adjustment of the proposed aggregate forfeiture from $6,500 to $5,200 is warranted because Saga made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. IV. ordering clauses 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Saga IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of five thousand, two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within
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- with the Commission's Rules regarding the CB radio service. We caution Barber that failure to allow this inspection by the Portland Resident Agent Office will result in further sanctions and forfeitures for violation of Section 303(n) of the Act and Section 95.426(a) of the Rules. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jeremy William Barber, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully violating Section 303(n) of the Act, and Section 95.426(a) of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- CB transceivers in violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. Despite evidence that Kersnowski and his counsel received the NAL, Kersnowski has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Michael T. Kersnowski, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- of our review, we conclude that Bennett Broadcasting repeatedly violated Section 73.1125(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $5,600 is warranted. IV. ORDERING CLAUSES 18. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Christopher H. Bennett Broadcasting of Washington, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,600 for repeated violations of Section 73.1125(a) of the Rules. 19. IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the
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- financial hardship on A-O. Therefore, we conclude that cancellation of the forfeiture is warranted. Nevertheless, we find that it is appropriate to admonish A-O for its willful and repeated violation of Section 301 of the Act. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, that the proposed forfeiture in the amount of ten thousand dollars ($10,000) issued to A-O Broadcasting Corporation, in the April 23, 2004, Notice of Apparent Liability for willful and repeated violations of Section 301 of the Act IS CANCELLED. 14. IT IS FURTHER ORDERED that A-O Broadcasting Corporation, IS ADMONISHED for its willful
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- Bureau's Seattle Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $7,000 to Grinton. Despite repeated contacts by the Seattle Office, Grinton has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, James J. Grinton, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 97.113(b) and Section 97.119(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- First Baptist willfully and repeatedly violated Sections 11.35(a) and 73.1125(a) of the Rules. However, we reduce the forfeiture for these violations to $2,000, based on First Baptist's inability to pay and history of compliance with the Rules. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, First Baptist Church, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for violation of Sections 11.35 and 73.1125 of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- to MBR for failing to maintain a complete public inspection file, in violation of Section 73.3526 of the Rules. Despite evidence that MBR received the NAL, MBR has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, MBR Licensee, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 73.3526 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Michael Wood, Antitrust Division, United States Department of Justice (via mail) See 47 C.F.R. S:S: 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Allan Green, Notice of Suspension and Initiation of Debarment Proceedings, 23 FCC Rcd 8211 (Inv. & Hearings Div., Enf. Bur. 2008) (Attachment 1). 73 Fed. Reg. 32579 (June 9, 2008). See Notice of Suspension, 23 FCC Rcd at 8212-14. See 47 C.F.R.
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- unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Michael Wood, Antitrust Division, United States Department of Justice (vial mail) See 47 C.F.R. S:S: 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Earl Nelson, Notice of Suspension and Initiation of Debarment Proceedings, 23 FCC Rcd 8215 (Inv. & Hearings Div., Enf. Bur. 2008) (Attachment 1). 73 Fed. Reg. 32581 (June 9, 2008). See Notice of Suspension, 23 FCC Rcd at 8216-18. See 47 C.F.R.
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- unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Michael Wood, Antitrust Division, United States Department of Justice (via mail) See 47 C.F.R. S:S: 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. George Marchelos, Notice of Suspension and Initiation of Debarment Proceedings, 23 FCC Rcd 8219 (Inv. & Hearings Div., Enf. Bur. 2008) (Attachment 1). 73 Fed. Reg. 32577 (June 9, 2008). See Notice of Suspension, 23 FCC Rcd at 8220-22. See 47 C.F.R.
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- Lee is unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Michael Wood, Antitrust Division, United States Department of Justice See 47 C.F.R. S:S: 0.111(a)(14), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. William Holman, Notice of Suspension and Initiation of Debarment Proceedings, 23 FCC Rcd 8228 (Inv. & Hearings Div., Enf. Bur. 2008) (Attachment 1); see 73 Fed. Reg. 36082 (Jun. 25, 2008). Letter from Walter F. Brown, Jr., Orrick, Herrington & Sutcliffe, LLP
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Knology, Inc. possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Chip Yorkgitis, Kelley Drye & Warren
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Vangard possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Marjorie Spivak, Esq., counsel for Vangard
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether OP or TVCC possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Bruce Olcott, Esq., Squire Sanders &
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- prejudice will serve the public interest by facilitating the resolution of the dispute among the appropriate parties. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j), and 208, sections 1.721-1.736 of the Commission's rules, 47 C.F.R. S:S: 1.721-1.736, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111 and 0.311, that the Motion to Dismiss IS GRANTED and the above-captioned complaint IS DISMISSED WITHOUT PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Motion to Dismiss Complaint Without Prejudice, File No. EB-08-MD-005 (filed Aug. 12, 2008)("Motion to Dismiss"). (Continued from previous page) (continued
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether WTCI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that WTCI shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order
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- numbering administration, and local number portability funds. Furthermore, Cardinal apparently has not filed a Form 499-A in connection with its interconnected VoIP service. The Enforcement Bureau intends to investigate Cardinal's compliance with these requirements and may take further enforcement action, if warranted. iV. ordering clauses 19. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Cardinal Broadband LLC IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for failing to provide compliant E911 service in willful and repeated violation of Section 9.5(b) of the Rules. 20. IT IS FURTHER ORDERED that Cardinal submit a report within 10 days of this NAL
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- provide substantially the same information requested in the first LOI. Accordingly, considering all of the enumerated factors and the particular circumstances of this case, we find that a forfeiture of $25,000 is warranted here for Cardinal's apparent willful violation of Section 1.17(a)(2). iV. ordering clauses 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Cardinal Broadband LLC IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for providing incorrect material factual information to the Commission in willful violation of Section 1.17(a)(2) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether GE MDS possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that GE MDS shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the
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- of unauthorized or non-compliant devices it marketed, for a total proposed forfeiture of $14,000. Consistent with precedent, we have considered the statutory factors set forth above and conclude that no adjustment of the proposed forfeiture from the aggregate base amount is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Microboards Technologies IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the
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- models is a separate, continuing violation. Based on the record of this proceeding and application of the statutory factors listed above, we propose a forfeiture of $14,000 for Leetek's unauthorized marketing of the model LTK-1400S and the model LTK-1700CT pager transmitter systems. iV. ordering clauses 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Leetek America, Inc. IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for marketing two pager transmitter systems that were unauthorized, in willful violation of Section 302(a) of the Act and Section 2.803(a) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80
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- above does not include these apparent violations. Nevertheless, we admonish DCS for marketing PDTs that were not labeled in accordance with Section 2.925(a)(1) of the Rules, in violation of Section 302(a) of the Act and Section 2.803(a) of the of the Rules. iV. ordering clauses 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, DCS, IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for marketing PDTs that were not labeled in accordance with Sections 2.909(d) and 15.19(a)(3) of the Rules, in willful and repeated violation of Section 302(a) of the Act and Section 2.803(a) of the Rules. 16. IT
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NOVA possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS CANCELLED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jeffrey E. Rummel, Esq., Counsel for
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- Commission licensee, Mathews Readymix is charged with the responsibility for knowing and complying with the terms of its authorizations, the Act and the Rules, including the requirement to timely renew the authorizations and maintain operating authority for its PLMRS station. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the rules, Mathews Readymix LLC IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand, two hundred dollars ($6,200) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of
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- the absence of material new evidence relating to these matters, we conclude that our investigations raise no substantial or material questions of fact as to whether CMDC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and sections 0.111 and 0.311 of Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Joan M. Griffin, Esq., Counsel for Comtech Mobile
- http://transition.fcc.gov/eb/Orders/2008/DA-08-2041A1.html
- and entered Oct. 9, 2007) ("Mello Plea Agreement"); United States v. Joseph E. Mello, 3:07-CR-00224 (RNC-1), Judgment (D.Conn. filed June 26, 2008 and entered June 30, 2008) ("Mello Judgment"). See also United States v. Joseph E. Mello, Criminal Docket No. 3:07-CR-00224 (RNC-1), Information (D. Conn. filed and entered Oct. 9, 2007) ("Mello Information"). 47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
- http://transition.fcc.gov/eb/Orders/2008/DA-08-2042A1.html
- CoachComm marketed unauthorized radio frequency equipment. Specifically, CoachComm marketed one system that included the same RF transmitter in both the wireless headsets and command stations. For the apparent marketing of this unauthorized device, CoachComm is apparently liable in the amount of $7,000. IV. ORDERING CLAUSES 1. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, CoachComm, LLC IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for the willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 2. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Sling possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against Sling before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER ORDERED that
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Wavetrend possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jeffrey L. Sheldon, Esq., Counsel for
- http://transition.fcc.gov/eb/Orders/2008/DA-08-2055A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ViewSonic possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Mr. James Chu, CEO, ViewSonic Corporation,
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- of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Kissi. Despite evidence that Kissi received the NAL, Kissi has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Alexander Kissi IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301of the Act. 4. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Account Number and FRN
- http://transition.fcc.gov/eb/Orders/2008/DA-08-2061A1.html
- of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Louis. Despite evidence that Louis received the NAL, Louis has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Yvon Louis IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301of the Act. 4. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Account Number and FRN
- http://transition.fcc.gov/eb/Orders/2008/DA-08-2068A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TTE possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for TTE, Larry R. Sidman,
- http://transition.fcc.gov/eb/Orders/2008/DA-08-2086A1.html
- and repeatedly violated Section 73.3526 of the Rules by failing to maintain and make available a public inspection file. However, we reduce the forfeiture for this violation to $1,000, based on New World's demonstrated inability to pay. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, New World, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for violation of Section 73.3526 of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- Bureau ("Dallas Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $8,000 to Mr. Aulabaugh. Mr. Aulabaugh has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Mark V. Aulabaugh IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for violation of Section 73.3526 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
- http://transition.fcc.gov/eb/Orders/2008/DA-08-2093A1.html
- means of reaching them. The imminent nature of the DTV transition and its potential impact on unaware consumers further increases the importance of each and every educational opportunity. IV. ordering clauses 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Qwest IS LIABLE FOR A MONETARY FORFEITURE in the amount of fifty-one thousand dollars ($51,000) for willfully and repeatedly violating Section 54.418(a) of the Commission's rules. 13. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's rules, within thirty (30) days of the release date of this Notice of Apparent Liability
- http://transition.fcc.gov/eb/Orders/2008/DA-08-2107A1.html
- Commission orders. We, therefore, see no reason to reduce the forfeiture amount proposed in the NAL and find that the Station is liable for a forfeiture amount of $25,000. IV. ordering clauses 19. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, that Channel 51 of San Diego, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willful or repeated violations of section 713 of the Act, 47 U.S.C. S: 713, and section 79.2(b)(1)(i) of the Commission's rules, 47 C.F.R. S: 79.2(b)(1)(i), as described in the paragraphs above. 20.
- http://transition.fcc.gov/eb/Orders/2008/DA-08-213A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Champion possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. 4. IT IS FURTHER ORDERED that the above captioned matter IS TERMINATED. 5. IT IS FURTHER ORDERED that Champion Cable, LLC, shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order
- http://transition.fcc.gov/eb/Orders/2008/DA-08-2140A1.html
- advertisement to the consumer identified in the Appendix. We have further determined that American Medical Services is apparently liable for a forfeiture in the amount of $4,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that American Medical Services is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
- http://transition.fcc.gov/eb/Orders/2008/DA-08-2141A1.html
- registered his telephone number on the National Do-Not-Call registry. We have further determined that Timeshare Register is apparently liable for a forfeiture in the amount of $10,000. 11. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Timeshare Register is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000 for willful or repeated violations of section 64.1200(c)(2) of the Commission's rules, 47 C.F.R. S: 64.1200(c)(2), and the related orders described in the paragraphs above. 12. IT IS FURTHER ORDERED THAT,
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- to the three consumers identified in the Appendix. We have further determined that Clean Credit, Inc. is apparently liable for a forfeiture in the amount of $13,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Clean Credit, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $13,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
- http://transition.fcc.gov/eb/Orders/2008/DA-08-2143A1.html
- to the one consumer identified in the Appendix. We have further determined that Cost Crunch, Inc. is apparently liable for a forfeiture in the amount of $4,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Cost Crunch, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
- http://transition.fcc.gov/eb/Orders/2008/DA-08-2144A1.html
- to the consumer identified in the Appendix. We have further determined that Guardian Steel Buildings, Inc. is apparently liable for a forfeiture in the amount of $4,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Guardian Steel Buildings, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related
- http://transition.fcc.gov/eb/Orders/2008/DA-08-2145A1.html
- unsolicited advertisement to the consumer identified in the Appendix. We have further determined that Universal Roofing is apparently liable for a forfeiture in the amount of $4,500.00. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Universal Roofing is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500.00 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders described
- http://transition.fcc.gov/eb/Orders/2008/DA-08-2167A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether QueenB possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against QueenB before the Enforcement Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER ORDERED
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- 9. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $8,000 is warranted. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Lazer Licenses, LLC, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating Section 73.3526 of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- license's expiration date. In addition, we propose a $1,500 forfeiture for Richmond's failure to file the renewal application for station WPOG498 within the time period specified in Section 1.949(a) of the Rules. Thus, we propose an aggregate forfeiture of $6,500. I. ORDERING CLAUSES 1. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Richmond Association IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand, five hundred dollars ($6,500) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. 2. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
- http://transition.fcc.gov/eb/Orders/2008/DA-08-2250A1.html
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether GAP Broadcasting possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Howard M. Liberman, Esquire, Drinker Biddle
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- requested two days after the response deadline passed. Misconduct of this type exhibits a disregard for the Commission's authority and hinders our investigative processes. We warn the Licensee that similar conduct in the future may result in sanctions. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, that Rejoynetwork, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,000 for violating Section 73.1206 of the Commission's rules. 16. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release date of this NAL, Rejoynetwork,
- http://transition.fcc.gov/eb/Orders/2008/DA-08-2296A1.html
- the Enforcement Bureau ("Tampa Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $16,000 to Rama. Rama has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Rama Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $16,000 for violations of Sections 11.35(a) and 73.3526 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
- http://transition.fcc.gov/eb/Orders/2008/DA-08-2297A1.html
- each Licensee's ability to pay. Having considered the record in this case and the statutory factors identified above, we find that WXDJ Licensing and WSKQ Licensing are each apparently liable for a forfeiture in the amount of $16,000. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, that WXDJ Licensing, Inc. and WSKQ Licensing, Inc. are each hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of $16,000 each for violating Section 73.1206 of the Commission's rules. 11. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of
- http://transition.fcc.gov/eb/Orders/2008/DA-08-2299A1.html
- decision and must proceed with its proposed refund plan within sixty (60) days of such submission, provided the Enforcement Bureau approves Cox's proposed refund plan within thirty (30) days of Cox's submission. IV. ordering clauses 41. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Commissions Rules, Cox Communications, Inc. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful violation of Sections 76.1201, 76.640(b)(1)(i) and 76.640(b)(1)(v) of the Rules. 42. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
- http://transition.fcc.gov/eb/Orders/2008/DA-08-2300A1.html
- this decision and must proceed with its proposed refund plan within sixty (60) days of such submission provided the Enforcement Bureau approves TWC's proposed refund plan within thirty (30) days of TWC's submission. IV. ordering clauses 41. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, Oceanic Time Warner Cable, a division of Time Warner Cable, Inc. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful violation of Sections 76.1201, 76.640(b)(1)(i) and 76.640(b)(1)(v) of the Rules. 42. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within
- http://transition.fcc.gov/eb/Orders/2008/DA-08-2301A1.html
- this decision and must proceed with its proposed refund plan within sixty (60) days of such submission provided the Enforcement Bureau approves TWC's proposed refund plan within thirty (30) days of TWC's submission. IV. ordering clauses 41. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, Oceanic Time Warner Cable, a division of Time Warner Cable, Inc. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful violation of Sections 76.1201, 76.640(b)(1)(i) and 76.640(b)(1)(v) of the Rules. 42. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within
- http://transition.fcc.gov/eb/Orders/2008/DA-08-2306A1.html
- above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $1,600 is warranted, based on BK's history of compliance with the Rules. III. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, BK Towers, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand six hundred dollars ($1,600) for violation of Section 17.47(a) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
- http://transition.fcc.gov/eb/Orders/2008/DA-08-2316A1.html
- unsolicited advertisement to the consumer identified in the Appendix. We have further determined that RMG Communications is apparently liable for a forfeiture in the amount of $4,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that RMG Communications is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders described
- http://transition.fcc.gov/eb/Orders/2008/DA-08-2355A1.html
- in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $12,800 is warranted, based on Viva's remedial efforts prior to the agent's inspection. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Viva Communications Group, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,800 for willfully and repeatedly violating Sections 11.35(a), 73.1560(a), 73.1745(a), and 73.3526(e)(12) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
- http://transition.fcc.gov/eb/Orders/2008/DA-08-2391A1.html
- conclude that our investigations raise no substantial or material questions of fact as to whether Beasley possesses the basic qualifications including, but not limited to, those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-described investigations ARE TERMINATED and the referenced Notice of Apparent Liability IS CANCELLED. 7. IT IS FURTHER ORDERED that the third-party complaints against Station WQAM(AM) and WRXK-FM, and the informal objections against the renewal application for Station WQAM(AM)
- http://transition.fcc.gov/eb/Orders/2008/DA-08-2437A1.html
- these devices is a separate continuing violation. Accordingly, we find that a total proposed forfeiture in the amount of $14,000 is warranted for the marketing of unauthorized devices in violation of Section 302(b) of the Act and Section 2.803(a) of the Rules. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, XLNT Idea IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the
- http://transition.fcc.gov/eb/Orders/2008/DA-08-2443A1.html
- advertisement to the consumer identified in the Appendix. We have further determined that Western Aviation, Inc. is apparently liable for a forfeiture in the amount of $4,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Western Aviation, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- that cancellation of the forfeiture is warranted, based solely on his lack of income. Because of the seriousness of the violation, however, we admonish Doe for his willful and repeated violation of Section 301 of the Act. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, that the Notice of Apparent Liability for Forfeiture issued to John Doe for violation of Section 301 of the Act IS HEREBY CANCELLED. 10. IT IS FURTHER ORDERED that John Doe IS ADMONISHED for his violation of Section 301 of the Act. 11. IT IS FURTHER ORDERED that a copy of this Order
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- Power willfully and repeatedly violated Sections 11.35(a) and 73.3526 of the Rules. However, we reduce the forfeiture for these violations to $1,500 based on Star Power's history of compliance with the Rules and documented inability to pay. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Star Power Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violation of Sections 11.35 and 73.3526 of the Rules. 14. IT IS FURTHER ORDERED that, the forfeiture in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the
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- further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, it is hereby ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j), 208, and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. S:S: 1.720-1.736, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that NewSouth's Complaint against BellSouth in the above-captioned proceeding IS DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau As a result of transactions consummated in 2004, NewSouth is now NuVox Communications, Inc. Notice and Joint Stipulation of Dismissal of Claims, File
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- facts, we are satisfied that the parties have shown good cause for granting their joint request to dismiss the complaint. 3. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. S:S: 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S: 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that the Joint Motion to Dismiss Formal Complaint with Prejudice IS GRANTED. 4. 10. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. S:S: 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S: 1.1401-1.1418, and the
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- related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the enforcement proceeding. 5. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 503(b) of the Act, and the authority delegated by Sections 0.111 and 0.311 of Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned enforcement proceeding IS TERMINATED. 7. IT IS FURTHER ORDERED that CLP shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at
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- and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $6,400 is warranted, based on Black Crow's history of compliance with the Rules. III. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Black Crow Radio, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand four hundred dollars ($6,400) for violation of Sections 73.44(a) and 73.49 of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by adopting the Consent Decree, which terminates the investigation and cancels the NAL. 4. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned proceeding is TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) File
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- factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $1,500 is warranted, based on Mr. Allred's documented inability to pay. III. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Dale Lloyd Allred IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violations of Sections 301 and 333 of the Act. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- Ms. Bina is unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at Vickie.Robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Calvin B. Kurimai, Esq., Assistant United States Attorney Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) See 47 C.F.R. S:S: 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Joseph Mello, Notice of Suspension and Initiation of Debarment Proceedings, DA 08-2041 (Inv. & Hearings Div., Enf. Bur., rel. Sept. 4, 2008) (Attachment 1). 73 Fed. Reg. 53868 (Sept. 17, 2008). See Notice of Suspension, 73 Fed. Reg. at 53869-70. See 47
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- private resolution of disputes and eliminating the need for further litigation and the expenditure of additional time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, and 1.1401-1.1418, that the Motion is GRANTED, and that this proceeding is TERMINATED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau From: Fujimoto, Shirley [mailto:sfujimoto@mwe.com] Sent: Thursday, November 13, 2008 9:45 PM To: Lia Royle Cc: Thomas, John D.; Lisa Saks;
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Honeywell possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Donna A. Balaguer, Esq., Fish & Richardson
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- a result of our review, we conclude that Perihelion willfully and repeatedly violated Sections 73.49, 73.1125(a) and 73.1201(a)(2) of the Rules. We find no basis for cancellation or reduction of the $15,000 forfeiture proposed for these violations. IV. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Perihelion Global, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Sections 73.49, 73.1125(a) and 73.1201(a)(2) of the Rules. 18. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- and repeatedly violated Sections 11.35 and 73.3526 of the Rules. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $7,000 is appropriate based on Broadcasters, Inc.'s demonstrated inability to pay. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, West Helena Broadcasters, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Sections 11.35 and 73.3526 of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- by Section 503(b)(2)(D) of the Act, the Forfeiture Policy Statement, and Section 1.80, we conclude that Courier is apparently liable for a forfeiture in the amount of $ 4,000 for violating Section 73.1206 of the Commission's rules. I. ORDERING CLAUSES 8. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules Courier Communications Corp. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for willfully violating Section 73.1206 of the Commission's rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty (30) days of the release of this Notice, Courier Communications Corp.
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- the Enforcement Bureau ("Tampa Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $25,000 to Rama. Rama has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Rama Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $25,000 for violations of Sections 17.50, 73.49, 73.1745(a) and 73.3526 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- required consumer disclosure is not as significant a violation as marketing an unauthorized or technically non-compliant device, we find that a downward adjustment from the base forfeiture amount to $4,000, an amount commensurate with the forfeiture imposed in similar cases, is warranted. IV. ordering clauses 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Multi-Tech Systems, Inc. IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for marketing a radio frequency device without including in the user manual the required consumer disclosure in willful and repeated violation of Section 302(a) of the Act and Sections 2.803(a)(2) and 15.105(a) of the
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- the Forfeiture Policy Statement. As a result of our review, we conclude that OMI repeatedly violated Section 17.47(a) of the Rules. We find no basis for cancellation or reduction of the $2,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ozark Media, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for violation of Section 17.47(a) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- As a result of our review, we conclude that IBC willfully and repeatedly violated Sections 17.50 and 17.57 of the Rules. We find no basis for cancellation or reduction of the $13,000 forfeiture proposed for these violations. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, International Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violation of Sections 17.50 and 17.57 of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. S:S: 1.720-1.736, and the authority delegated in sections 0.111, 0.311, of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that the Motion is GRANTED and the Complaint is DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Formal Complaint of Verizon, File No. EB-08-MD-004 (filed July 25, 2008) ("Complaint"). 47 U.S.C. S:S: 201, 203; 47 C.F.R. S: 61.26. Letter from Rashann R.
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- hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by adopting the Consent Decree, which terminates the investigation. 4. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-2396 In the Matter of ) NAL/Acct. No. 200932170012 Startec Global Operating Company
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether AT&T possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. 7. IT IS FURTHER ORDERED that AT&T shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by
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- one unsolicited advertisement to the consumer identified in the Appendix. We have further determined that Rentex is apparently liable for a forfeiture in the amount of $4,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Rentex is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders described in
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Redflex possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against Redflex before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER ORDERED that
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Daystar possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaint against Daystar before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree IS DISMISSED. 8. IT IS FURTHER
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Western Slope possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. 4. IT IS FURTHER ORDERED that the above captioned matter IS TERMINATED. 5. IT IS FURTHER ORDERED that Western Slope Communications, LLC, shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the
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- the Act, we direct Visiplex to submit a report within 30 days of the date of this Notice of Apparent Liability for Forfeiture and Order verifying that it is no longer operating at variance from the terms of these licenses. IV. ORDERING CLAUSES 2. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Visiplex, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for the willful and repeated violation of Section 301 of the Act and Section 1.903(a) of the Rules. 3. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days
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- refers to your February 13, 2007 guilty plea and subsequent conviction of mail fraud. United States v. Thomas J. Kennedy III, Criminal Docket No. 3:07-CR-186 (RNC), Plea Agreement (D. Conn. filed Aug. 24, 2007 and entered Aug. 27, 2007) ("Kennedy Plea Agreement"), Judgment (D. Conn. filed and entered Jan. 24, 2008) ("Kennedy Judgment"). 47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
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- single light outages. In this regard, it was Forever's "omission" that resulted in its willful operation of a monitoring system that could not detect single light outages, in violation of Section 17.47 of the Commission's Rules. IV. ORDERING CLAUSES 7. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Forever of PA, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Sections 17.47, 17.48, and 17.51(a) of the Rules. 8. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the
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- number on the National Do-Not-Call registry. We have further determined that AZ Prime One Mortgage Corporation is apparently liable for a forfeiture in the amount of $10,000.00. 11. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that AZ Prime One Mortgage Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000.00 for willful or repeated violations of section 64.1200(c)(2) of the Commission's rules, 47 C.F.R. S: 64.1200(c)(2), and the related orders described in the paragraphs above. 12. IT IS
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- to the consumer identified in the Appendix. We have further determined that Business Payment Systems, LLC is apparently liable for a forfeiture in the amount of $24,500.00. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Business Payment Systems, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $24,500.00 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related
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- we conclude that AMERI-KING willfully and repeatedly violated Section 301 of the Act. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture from $10,000 to $8,000 is warranted. IV. ORDERING CLAUSES 16. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, AMERI-KING Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating Section 301 of the Act. 17. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- we conclude that Compatible willfully and repeatedly violated Section 301 of the Act. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture from $10,000 to $8,000 is warranted. IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Compatible Electronics, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating Section 301 of the Act. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- dollars ($10,000), for the apparent willful and repeated violation of Section 301 of the Act. The Tampa Office has since learned that Mr. Gaye passed away. Because Mr. Gaye is no longer living, we cancel the NAL. IV. ORDERING CLAUSES 3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, the Notice of Apparent Liability for Forfeiture issued to Henry Gaye IS HEREBY CANCELED. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 47 U.S.C. S: 301. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832700006 (Enf. Bur., Tampa Office, January 9, 2008) ("NAL"). 47 U.S.C. S: 503(b); 47
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- or cancellation of the proposed forfeiture is warranted. Accordingly, we find that Five Star willfully and repeatedly violated Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules and that a forfeiture in the amount of $6,500 is appropriate. IV. ORDERING Clauses 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Five Star Parking d/b/a Five Star Taxi Dispatch IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand five hundred dollars ($6,500) for willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. 1. Payment of the forfeiture must be made by check or
- http://transition.fcc.gov/eb/Orders/2008/DA-08-416A1.html
- to provide a written response to the Commission in response to two (2) informal complaints. Accordingly, a proposed forfeiture is warranted against Blue Casa for this apparent willful or repeated violation. 10. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, BLUE CASA COMMUNICATIONS, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully or repeatedly failing to respond to two (2) informal complaints served by CGB in violation of section 1.717 of the Commission's rules. 11. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the
- http://transition.fcc.gov/eb/Orders/2008/DA-08-417A1.html
- to provide a written response to the Commission in response to one (1) informal complaint. Accordingly, a proposed forfeiture is warranted against Sprint Nextel for this apparent willful or repeated violation. 10. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, SPRINT NEXTEL CORPORATION IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond to one (1) informal complaints served by CGB in violation of section 1.717 of the Commission's rules. 11. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
- http://transition.fcc.gov/eb/Orders/2008/DA-08-418A1.html
- to provide a written response to the Commission in response to two (2) informal complaints. Accordingly, a proposed forfeiture is warranted against Amp'd Mobile for this apparent willful or repeated violation. 10. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, AMP'D MOBILE, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully or repeatedly failing to respond to two (2) informal complaints served by CGB in violation of section 1.717 of the Commission's rules. 11. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
- http://transition.fcc.gov/eb/Orders/2008/DA-08-419A1.html
- to provide a written response to the Commission in response to one (1) informal complaint. Accordingly, a proposed forfeiture is warranted against Link Systems for this apparent willful or repeated violation. 10. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, LINK SYSTEMS, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond to one (1) informal complaint served by CGB in violation of section 1.717 of the Commission's rules. 11. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
- http://transition.fcc.gov/eb/Orders/2008/DA-08-420A1.html
- failing to provide a written response to the Commission in response to two (2) informal complaints. Accordingly, a proposed forfeiture is warranted against Cricket for this apparent willful or repeated violation. 10. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, CRICKET COMMUNICATIONS, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully or repeatedly failing to respond to two (2) informal complaints served by CGB in violation of section 1.717 of the Commission's rules. 11. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
- http://transition.fcc.gov/eb/Orders/2008/DA-08-421A1.html
- to provide a written response to the Commission in response to one (1) informal complaint. Accordingly, a proposed forfeiture is warranted against Cooperative Communications for this apparent willful or repeated violation. 10. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, COOPERATIVE COMMUNICATIONS, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond to one (1) informal complaint served by CGB in violation of section 1.717 of the Commission's rules. 11. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
- http://transition.fcc.gov/eb/Orders/2008/DA-08-422A1.html
- a written response to the Commission in response to two (2) informal complaints. Accordingly, a proposed forfeiture is warranted against Reduced Rate Long Distance for this apparent willful or repeated violation. 10. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, REDUCED RATE LONG DISTANCE, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully or repeatedly failing to respond to two (2) informal complaints served by CGB in violation of section 1.717 of the Commission's rules. 11. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of
- http://transition.fcc.gov/eb/Orders/2008/DA-08-423A1.html
- to provide a written response to the Commission in response to one (1) informal complaint. Accordingly, a proposed forfeiture is warranted against Total Call for this apparent willful or repeated violation. 10. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, TOTAL CALL INTERNATIONAL, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond to one (1) informal complaint served by CGB in violation of section 1.717 of the Commission's rules. 11. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the
- http://transition.fcc.gov/eb/Orders/2008/DA-08-424A1.html
- rule by failing to provide written responses to the Commission in response to six informal complaints. Accordingly, a proposed forfeiture is warranted against Defendant for this apparent willful or repeated violation. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, West Star IS LIABLE FOR A MONETARY FORFEITURE in the amount of $24,000.00 for willfully or repeatedly failing to respond to six informal complaints served by the Commission, in violation of section 1.717 of the Commission's rules and Commission letter orders. 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
- http://transition.fcc.gov/eb/Orders/2008/DA-08-425A1.html
- rule by failing to provide written responses to the Commission in response to the informal complaint. Accordingly, a proposed forfeiture is warranted against Defendant for this apparent willful or repeated violation. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, WorldOne IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000.00 for willfully or repeatedly failing to respond to an informal complaint served by the Commission, in violation of section 1.717 of the Commission's rules. 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within thirty days of
- http://transition.fcc.gov/eb/Orders/2008/DA-08-426A1.html
- rule by failing to provide written responses to the Commission in response to the informal complaint. Accordingly, a proposed forfeiture is warranted against Defendant for this apparent willful or repeated violation. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, ITEG IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000.00 for willfully or repeatedly failing to respond to an informal complaint served by the Commission, in violation of section 1.717 of the Commission's rules. 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within thirty days of
- http://transition.fcc.gov/eb/Orders/2008/DA-08-427A1.html
- failing to provide written responses to the Commission in response to four (4) informal complaints. Accordingly, a proposed forfeiture is warranted against Alltel Wireless for this apparent willful or repeated violation. 10. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, ALLTELL WIRELESS IS LIABLE FOR A MONETARY FORFEITURE in the amount of sixteen thousand dollars ($16,000) for willfully or repeatedly failing to respond to four (4) informal complaints served by CGB in violation of section 1.717 of the Commission's rules. 11. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules,
- http://transition.fcc.gov/eb/Orders/2008/DA-08-428A1.html
- by failing to provide written responses to the Commission in response to twenty-four (24) informal complaints. Accordingly, a proposed forfeiture is warranted against AT&T for this apparent willful or repeated violation. 10. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, AT&T, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $96,000 for willfully or repeatedly failing to respond to twenty-four (24) informal complaints served by the Bureau in violation of section 1.717 of the Commission's rules. 11. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within thirty
- http://transition.fcc.gov/eb/Orders/2008/DA-08-432A1.html
- the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $10,000 is warranted, based on demonstrated inability to pay. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Pittman Broadcasting Services, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Sections 17.51(a) and 73.1745 of the Rules. 14. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must
- http://transition.fcc.gov/eb/Orders/2008/DA-08-446A1.html
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Long Pond possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. 4. IT IS FURTHER ORDERED that the "Complaint" received on or about December 13, 2005, alleging violation of the Underwriting Laws by Long Pond, IS DISMISSED. 5. IT IS FURTHER ORDERED that the investigation by the Enforcement Bureau IS TERMINATED. 6. IT IS FURTHER ORDERED that Long Pond
- http://transition.fcc.gov/eb/Orders/2008/DA-08-455A1.html
- copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the enforcement proceeding. 4. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 503(b) of the Act, and the authority delegated by Sections 0.111 and 0.311 of Rules, the Consent Decree attached to this Order IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned enforcement proceeding IS TERMINATED. 6. IT IS FURTHER ORDERED that the Estate shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order
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- review of Manning's Response and the record, we find that Manning did not willfully and repeatedly violate a Commission order by failing to respond to a directive of the Bureau. Consequently, we conclude that no forfeiture should be imposed. 5. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of four thousand dollars ($4,000) issued to Manning Municipal Communications and Television System Utilities, in the March 30, 2007, Notice of Apparent Liability for Forfeiture for willful and repeated violations of a Commission order IS CANCELLED. 6. IT IS FURTHER ORDERED that a copy of
- http://transition.fcc.gov/eb/Orders/2008/DA-08-458A1.html
- will cause the Commission to incur costs, with no reasonable hope of recovery. However, we emphasize that our decision to rescind the proposed forfeiture in no way exonerates Habla for its apparent violation of a Commission order. 4. Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. S: 503(b) of the Communications Act of 1934, as Amended ("Act"), and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, the proposed forfeiture in the amount if four thousand dollars ($4,000) issued to Habla Communicaciones, Inc. in the March 30, 2007 Notice of Apparent Liability for Forfeiture for willful and repeated violation of a Commission directive IS CANCELED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by
- http://transition.fcc.gov/eb/Orders/2008/DA-08-46A1.html
- the terms of its authorization, the Act, and the rules, including the requirement to timely renew the authorization for its PLMRS station. Under the circumstances, and consistent with precedent, we find that no reduction of the proposed forfeiture is warranted. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the rules, Miller IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand five hundred dollars ($6,500) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the rules,
- http://transition.fcc.gov/eb/Orders/2008/DA-08-472A1.html
- of limitations for proposing a forfeiture for these violations is one year from the date of violations and has expired. Accordingly, we will not propose a forfeiture for marketing these models. We find, however, that an admonishment is warranted for these violations. iV. ordering clauses 21. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, DBK Concepts, Inc., IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for marketing two PDT models that were improperly labeled and one PDT model that was both unauthorized and improperly labeled, in willful and repeated violation of Section 302(a) of the Act and Section 2.803(a)
- http://transition.fcc.gov/eb/Orders/2008/DA-08-473A1.html
- $4,200. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $4,200 is warranted. IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Brahmin Broadcasting Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,200 for repeatedly violating Section 73.49 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
- http://transition.fcc.gov/eb/Orders/2008/DA-08-474A1.html
- review, we conclude that Metro West willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $3,200 is warranted. IV. ORDERING CLAUSES 17. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Metro West Ambulance IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for willfully and repeatedly violating Section 1.903(a) of the Rules. 18. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
- http://transition.fcc.gov/eb/Orders/2008/DA-08-48A1.html
- disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j), and 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S: 1.1401-1.1418, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Lisa B. Griffin Deputy Chief Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. S: 224. See Complaint, File No. EB-05-MD-030 (filed Nov. 30, 2005) ("Complaint"). Joint Notice of Settlement and
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- 5. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $15,200 is warranted. IV. ORDERING CLAUSES 6. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Pembrook Pines Elmira, LTD, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $15,200 for willfully and repeatedly violating Sections 17.48(a), 17.51(a), and 73.1745(a) of the Commission's Rules. 7. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
- http://transition.fcc.gov/eb/Orders/2008/DA-08-498A1.html
- documentation submitted by Mondgock, we decline to cancel the forfeiture, but find that a reduction in the forfeiture to $4,300 is warranted based on Mondgock's demonstrated inability to pay the full forfeiture amount proposed in the NAL. IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ronald Mondgock IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand three hundred dollars ($4,300) for violation of Section 301 of the Act. 6. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the
- http://transition.fcc.gov/eb/Orders/2008/DA-08-49A1.html
- Ms. Lee is unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Aaron M. Danzig, Esq., Assistant United States Attorney See 47 C.F.R. S:S: 0.111(a)(14), 54.521. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mrs. Evelyn Myers Scott, Notice of Suspension and Initiation of Debarment Proceedings, 22 FCC Rcd 18613 (Inv. & Hearings Div., Enf. Bur. 2007) (Attachment 1). 72 Fed. Reg. 62477 (November 5, 2007). See Notice of Suspension, 22 FCC Rcd at 18614-15. See 47
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- above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $6,400 is warranted, based on its history of compliance with the Rules. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Hispanic-Multicultural Broadcasting Association IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand four hundred dollars ($6,400) for violation of Section 11.35(a) of the Rules. 10. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include
- http://transition.fcc.gov/eb/Orders/2008/DA-08-50A1.html
- Ms. Lee is unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Aaron M. Danzig, Esq., Assistant United States Attorney See 47 C.F.R. S:S: 0.111(a)(14), 54.521. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Arthur R. Scott, Notice of Suspension and Initiation of Debarment Proceedings, 22 FCC Rcd 18617 (Inv. & Hearings Div., Enf. Bur. 2007) (Attachment 1). 72 Fed. Reg. 62647 (November 6, 2007). See Notice of Suspension, 22 FCC Rcd at 18618-19. See 47
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- the tower's registered owner. Accordingly, we conclude that the NAL issued to Pinnacle must be cancelled and a Notice of Apparent Liability for Forfeiture in the amount of $3,000 is being issued on this date to Holmes. III. ORDERING CLAUSES 4. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the Notice of Apparent Liability for Forfeiture issued to Pinnacle Towers LLC IS HEREBY CANCELLED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Pinnacle Towers LLC at its address of record and to counsel for Pinnacle Towers LLC
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- an application. Moreover, even if Campbell had provided such evidence, the mere filing of an application would not have provided Campbell any authority to operate a radio station. Accordingly, based on the information before us, we affirm the forfeiture. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Michael Stone Campbell, a/k/a Monroe Campbell, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 5. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include
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- Rules. We have reviewed our records and note no other violations against the Licensee. Under similar circumstances, we have reduced proposed forfeitures, and find that doing so in this case is appropriate. Consequently, we reduce WMGO's forfeiture amount from $8,000 to $6,400. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, WMGO Broadcasting Corp., Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,400 for willful violation of Section 73.1206 of the Commission's Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Forfeiture
- http://transition.fcc.gov/eb/Orders/2008/DA-08-525A1.html
- rule by failing to provide written responses to the Commission in response to three informal complaints. Accordingly, a proposed forfeiture is warranted against Defendant for this apparent willful or repeated violation. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, Telefyne Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,000.00 for willfully or repeatedly failing to respond to three informal complaints served by the Commission, in violation of section 1.717 of the Commission's rules. 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within thirty days
- http://transition.fcc.gov/eb/Orders/2008/DA-08-526A1.html
- rule by failing to provide written responses to the Commission in response to the informal complaints. Accordingly, a proposed forfeiture is warranted against Defendant for this apparent willful or repeated violation. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, Global Network Communication West, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000.00 for willfully or repeatedly failing to respond to two informal complaints served by the Commission, in violation of section 1.717 of the Commission's rules. 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules,
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether SRIPRB possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. 4. IT IS FURTHER ORDERED that the "Complaint" dated November 23, 2004, and supplemented February 25, 2005, alleging violation of the Underwriting Laws by SRIPRB, IS DISMISSED. 5. IT IS FURTHER ORDERED that the investigation by the Enforcement Bureau IS TERMINATED. 6. IT IS FURTHER ORDERED that SRIPRB
- http://transition.fcc.gov/eb/Orders/2008/DA-08-537A1.html
- to these matters, we conclude that our investigations raise no substantial or material questions of fact as to whether Pine possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED and the Notice of Apparent Liability for Forfeiture in File No. EB-07-SE-141 IS CANCELLED. 7. IT IS FURTHER ORDERED that Pine shall make its voluntary contribution to the United States Treasury, as specified in the
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- not dispute this finding in response to the NAL. We therefore find that Watkins willfully violated Section 303(n) of the Act by failing to allow an inspection of the radio station equipment located in his apartment. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Craig Watkins, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully and repeatedly violating Sections 301 and 303(n) of the Act. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- action could take the form of higher monetary forfeitures and/or possible revocation of COI's operating authority, including disqualification of COI's principals from the provision of any interstate common carrier services without the prior consent of the Commission. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Commission's rules, that Communications Options, Inc. SHALL FORFEIT to the United States government the sum of $65,000 for willfully and repeatedly violating the Commission's rules and a Commission order issued pursuant to the Act. 12. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications
- http://transition.fcc.gov/eb/Orders/2008/DA-08-561A1.html
- character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigatory proceeding IS TERMINATED. 7. IT IS FURTHER ORDERED that Caprock Cellular Limited Partnership shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to
- http://transition.fcc.gov/eb/Orders/2008/DA-08-562A1.html
- IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, International Broadcasting Corporation's petition for reconsideration of the January 9, 2008 Forfeiture Order IS hereby DENIED IN PART and GRANTED IN PART. 10. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, International Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand four hundred dollars ($10,400) for violation of Sections 17.50 and 17.57 of the Rules. 11. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must
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- of $13,000. IV. ORDERING CLAUSES 18. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, the Petition for Reconsideration filed on January 22, 2007, by Communications Relay Corporation, IS DENIED. 19. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's Rules, Communications Relay Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $13,000 for violating Section 303(q) of the Act, and Sections 17.23, 17.47, 17.48, 17.49 and 17.57 of the Rules. 20. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- repeatedly violated Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $7,000 forfeiture is warranted. IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, CB Shop & More, LLLP, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- this Order how it achieved compliance with Section 1.903(a) of the Rules for station WGW926. Carlsbad Radio's report must be submitted in the form of an affidavit signed by an officer or director of Carlsbad Radio. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Carlsbad Radio, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for willfully and repeatedly violating Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules. 14. IT IS FURTHER ORDERED, pursuant to Section 403 of the Act, that Carlsbad Radio, Inc., must submit the report described in paragraph 12, above, within
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- that Bravo Mic willfully and repeatedly violated Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $2,400 is warranted. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Bravo Mic Communications, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,400 for willfully and repeatedly violating Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- and 17.48 of the Rules, for all three of the towers in its array in Waterford, California. Threshold's report must be submitted in the form of an affidavit signed by an officer or director of Threshold. IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Threshold Communications, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating Section 303(q) of the Act, and Sections 17.51(a), 17.47(a) and 17.48 of the Rules. 15. IT IS FURTHER ORDERED, pursuant to Section 403 of the Act, that Threshold Communications, must submit the report described in
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- violated Section 301 of the Act, based upon his inability to pay, we conclude that pursuant to Section 503(b) of the Act and the Forfeiture Policy Statement, reduction of the $10,000 forfeiture to $100 is warranted. IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Dwayne Simon, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $100 for willfully and repeatedly violating Section 301 of the Act. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- advertisement to the one consumer identified in the Appendix. We have further determined that Amerilist, Inc. is apparently liable for a forfeiture in the amount of $4,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Amerilist, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders described
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- the two consumers identified in the Appendix. We have further determined that Copier Search International, Inc. is apparently liable for a forfeiture in the amount of $9,000.00. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Copier Search International, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000.00 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related
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- to the two consumers identified in the Appendix. We have further determined that DD&S Companies, Inc. is apparently liable for a forfeiture in the amount of $9,000.00. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that DD&S Companies, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000.00 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- these matters, we conclude that no substantial or material questions of fact exist with respect to this matter as to whether T-Mobile possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that T-Mobile shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order
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- those two stations. Therefore, we conclude that cancellation of the forfeiture is warranted. Nevertheless, we find that it is appropriate to admonish Action Radio for its willful and repeated violation of Section 11.35(a) of the Rules. IV. ORDERING CLAUSES 8. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, that the proposed forfeiture in the amount of eight thousand dollars ($8,000) issued to Action Radio, LLC, in the August 14, 2007, Notice of Apparent Liability for willful and repeated violations of Section 11.35 of the Rules IS CANCELLED. 9. IT IS FURTHER ORDERED that Action Radio, LLC, IS ADMONISHED for its willful
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- we conclude that JMK willfully and repeatedly violated Section 73.44(b) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $4,000 forfeiture is warranted. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, JMK Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 73.44(b) of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $3,200 is warranted, based on its history of compliance with the Rules. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Traffic Control Products of Florida Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand two hundred dollars ($3,200) for violation of Section 90.403(a)(2) of the Rules. 13. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The
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- related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the enforcement proceeding. 5. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 503(b) of the Act, and the authority delegated by Sections 0.111 and 0.311 of Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned enforcement proceeding IS TERMINATED. 7. IT IS FURTHER ORDERED that Lockheed Martin Corporation shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the
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- Field Office, Antitrust Division, Department of Justice Any further reference in this letter to "your conviction" refers to your conviction of seven counts of wire fraud. United States v. Rafael Gongora Adame, Criminal Docket No. 7:06-CR-1082, CRIMINAL NO. M-06-1082, Judgment (S.D. Tex. filed Mar. 3, 2008 and entered Mar. 11, 2008) ("Adame Judgment"). 47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
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- Commission that complies with sections 1.721(e) and 1.722(h) of the Commission's rules within sixty (60) days from the release of this order. IV. ORDERING CLAUSES 38. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j), 201, 202 and 208 of the Communications Act of 1934 as amended, 47 U.S.C. S:S: 154(j), 201, 202, 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that the above-captioned formal complaint IS GRANTED to the extent set forth herein. 39. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j), and 208, that Sprint Communications Company, L.P.'s Motion to Dismiss filed
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Mid-Rivers Cellular possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. 7. IT IS FURTHER ORDERED that Mid-Rivers Cellular shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree,
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- the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $1,500 is warranted, based on demonstrated inability to pay. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Roubens Maignan IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violation of Section 301 of the Act. 11. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the
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- to the four consumers identified in the Appendix. We have further determined that Meridian Marketing Group is apparently liable for a forfeiture in the amount of $18,000. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Meridian Marketing Group is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $18,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- to the consumer identified in the Appendix. We have further determined that Response Card Marketing, Inc. is apparently liable for a forfeiture in the amount of $9,000. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Response Card Marketing, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Philips possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against Philips before the Bureau related to the above-captioned-investigations as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER ORDERED that Philips
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Panasonic possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against Panasonic before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER ORDERED that Panasonic
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether LGE possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against LGE before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER ORDERED that LGE
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether SANYO possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against SANYO before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER ORDERED that SANYO
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Vizio possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against Vizio before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER ORDERED that
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Audiovox possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against Audiovox before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER ORDERED that Audiovox
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Westinghouse Digital Electronics possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against Westinghouse Digital Electronics before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER
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- downward adjustment to be appropriate based on Dakota Central's voluntary disclosures of the violations to Commission staff prior to any Commission inquiry or initiation of enforcement action, and because, outside of the subject violations, Dakota Central has a prior history of compliance. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Dakota Central Telecommunications Cooperative IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willfully and repeatedly violating Section 301 of the Act and Section 1.903(a) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days
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- of section 227 of the Act and the Commission's related rules and orders as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S:503(b) and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under the authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Alliance Capital Corporation IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $4,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders as described
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- section 227 of the Act and the Commission's related rules and orders as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b) and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under the authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Aras Marketing, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $4,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders as described
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- section 227 of the Act and the Commission's related rules and orders as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b) and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under the authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Mario's Roofing IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $13,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders as described in
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- section 227 of the Act and the Commission's related rules and orders as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b) and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under the authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Tri-State Printer & Copier Supply Co., Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $9,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the
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- violation of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4),and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that ESpeed Mortgage Dot Com, LLC IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $13,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S:64.1200(a)(3), and the related orders as
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that New England Industrial Roofing IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $10,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders as
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Global QA Corp. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $4,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders as described
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Infasource.com IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $22,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders as described in the
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Edge possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that Edge shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Revenue and Receivables Operations Group at
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Alaska DigiTel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that Alaska DigiTel shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Westchester possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that Westchester Services LLC shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the
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- the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $1,500 is warranted, based on demonstrated inability to pay. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Frank Rackley, Jr. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violation of Sections 73.1350(a) and 73.1745(a) of the Rules. 15. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment
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- ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. S: 1.106, that the Petition for Reconsideration filed June 9, 2008, by Christian Voice of Central Ohio, Inc. IS DENIED, that the Enforcement Bureau's May 9, 2008, decision IS AFFIRMED. 12. IT IS FURTHER ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, that Christian Voice of Central Ohio, Inc., licensee of then-noncommercial educational Station WCVZ(FM), South Zanesville, Ohio, FORFEIT to the United States the sum of Nine Thousand Dollars ($9,000) within 20 days from the release date of this Memorandum Opinion and Order for willfully and repeatedly broadcasting advertisements in violation of Section 399B of
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- the Act, we direct Visiplex to submit a report within 30 days of the date of this Notice of Apparent Liability for Forfeiture and Order verifying that it is no longer operating at variance from the terms of these licenses. IV. ORDERING CLAUSES 2. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Visiplex, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for the willful and repeated violation of Section 301 of the Act and Section 1.903(a) of the Rules. 3. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ARINC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to James Barker, Latham & Watkins LLP,
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether PTSI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Ron Strecker, Chief Executive Officer, Panhandle Telecommunication
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- compliance. We do find, however, that a downward adjustment of the proposed forfeiture from $8,000 to $6,400 is warranted because Corr undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES 2. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Corr Wireless Communications LLC IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand four hundred dollars ($6,400) for the willful and repeated violation of Section 1.903(a) of the Rules. 3. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Telenational possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Christopher J. Canfield, President, Telenational Communications,
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Monster possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against Monster before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER ORDERED that a
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- on the record before us, we conclude that our investigations raise no substantial or material questions of fact as to whether Windstream possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Michael D. Rhoda, Senior Vice President,
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- the statutory provision. We therefore deny Counts XXII and XXIII of MAP's Complaint. IV. ordering clauses 48. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j), and 208, and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. S:S: 1.720-1.736, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111 and 0.311, that SBC Communications, Inc., Ameritech Corporation, Pacific Bell Communications, and Southwestern Bell Telephone Co. are hereby DISMISSED as parties, without prejudice. 49. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j), and 208,
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Access 700 or Chevron possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Mr. Michael I. Gottdenker, Chairman and Chief
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- absence of material new evidence relating to this matter, we conclude that the Bureau's investigation raises no substantial or material questions of fact as to whether Supra possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Douglas D. Orvis II, Bingham McCutchen
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- for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. S:S: 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111 and 0.311, that CassTel's Motion to Dismiss IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alex Starr Chief, Market Disputes Resolution Division Enforcement Bureau 1 Formal Complaint, File No. EB-08-MD-010 (filed Nov. 7, 2008). CassTel filed an Amended Formal Complaint
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- Ms. Bina is unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at Vickie.Robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Beth Drake, Assistant United States Attorney (via e-mail) Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) See 47 C.F.R. S:S: 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Ms. Cynthia K. Ayer, Notice of Suspension and Initiation of Debarment Proceedings, 24 FCC Rcd 2470 (Inv. & Hearings Div., Enf. Bur. 2009) (Attachment 1). 74 Fed. Reg. 11726-01 (Mar. 19, 2009). See Notice of Suspension, 24 FCC Rcd at 2470-71. See 47
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- pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we reduce the proposed forfeiture to $10,400, based on ERF Wireless' history of compliance with the rules. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, ERF Wireless, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand four hundred dollars ($10,400) for violations of Sections 17.51(b) and 17.57 of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- direct Orvac to file the required report within 30 days of the date of this Order with the District Director, Los Angeles Office. Failure to comply with this directive may result in additional sanctions against Orvac. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Orvac Electronics, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. 16. IT IS FURTHER ORDERED, pursuant to Section 403 of the Act, that Orvac Electronics, Inc., must submit the report described in paragraph
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. 6. To the extent Cablevision associates itself with the arguments presented in a letter submitted by the National Cable Telecommunications Association that the Commission has violated the Paperwork Reduction Act by sending similar inquiries to 10 or more persons without first seeking notice and comment and approval by the Office of Management and Budget, we disagree The
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- Policy Statement. As a result of our review, we conclude that MBHD willfully and repeatedly violated Section 1.1310, Section 73.1350(a), and Section 73.3527(a) of the Rules and that the $25,000 forfeiture proposed in the NAL is warranted. IV. ORDERING CLAUSES 19. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Minority Business & Housing Development, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of Section 1.1310, Section 73.1350(a), and Section 73.3527(a) of the Rules. 20. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal
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- on the diminished value of their service following the movement of linear programming to an SDV platform by $0.10 per month, per channel moved and reduce their rates on a going-forward basis accordingly. IV. ordering clauses 43. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, Oceanic Time Warner Cable, a division of Time Warner Cable, Inc., Oceanic Oahu Central Cable System IS LIABLE FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful violation of Sections 76.1201, 76.640(b)(1)(i) and 76.640(b)(1)(v) of the Rules. 44. IT IS FURTHER ORDERED that, pursuant to sections 1, 4(i), 4(j), 601,
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- on the diminished value of their service following the movement of linear programming to an SDV platform by $0.10 per month, per channel moved and reduce their rates on a going-forward basis accordingly. IV. ordering clauses 39. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, Cox Communications, Inc., Fairfax County, Virginia Cable System IS LIABLE FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful violation of Sections 76.1201, 76.640(b)(1)(i) and 76.640(b)(1)(v) of the Rules. 40. IT IS FURTHER ORDERED that, pursuant to sections 1, 4(i), 4(j), 601, and 629 of the Communications Act of 1934,
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- on the diminished value of their service following the movement of linear programming to an SDV platform by $0.10 per month, per channel moved and reduce their rates on a going-forward basis accordingly. IV. ordering clauses 43. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, Oceanic Time Warner Cable, a division of Time Warner Cable, Inc., Oceanic Kauai Cable System IS LIABLE FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful violation of Sections 76.1201, 76.640(b)(1)(i) and 76.640(b)(1)(v) of the Rules. 44. IT IS FURTHER ORDERED that, pursuant to sections 1, 4(i), 4(j), 601, and
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- a downward adjustment of the proposed forfeiture from $16,000 to $12,800 is warranted because Fox Television made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations but prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Fox Television Stations, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand eight hundred dollars ($12,800) for willful and repeated violation of Section 301 of the Act and Section 25.102(a) of the Rules and for willful violation of Section 25.121(e) of the Rules. 14. IT IS
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- Bureau that such refunds have been paid and that affected subscribers ' fees have been reduced as directed. IV. ordering clauses 13. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Comcast is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of Fifteen Thousand dollars ($15,000.00) for willful violation of Section 76.1603(b) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this Notice
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- that TSA's unauthorized operations spanned almost five years - from September 22, 2003 through October 1, 2008. Thus, we propose an aggregate forfeiture of $9,000 ($3,000 for failure to timely file renewal applications and $6,000 for unauthorized operation of an aviation station). IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Texas Soaring Association, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of nine thousand dollars ($9,000) for the willful and repeated violation of Section 301 of the Act and Section 1.903(a) of the Rules and the willful violation of Section 1.949(a) of the Rules. 13. IT IS FURTHER
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- the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. IV. ordering clauses 13. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Comcast is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred dollars ($7,500.00) for willful violation of Section 76.1603(b) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Hiawatha possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to David H. Solomon, Counsel for Hiawatha
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- apparent willful repeated failure to obtain section 214 authority from the Commission prior to providing international telecommunications service. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and the authority delegated by section 0.111 of the Commission's rules, 47 C.F.R. S: 0.111, Teleplus, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $100,000 for willfully and repeatedly violating the Act and the Commission's rules. 14. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE
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- the Bureau that such refunds have been paid and that affected subcribers' fees have been reduced as directed. IV. ordering clauses 13. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Time Warner is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred dollars ($7,500.00) for willful violation of Section 76.1603(b) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date
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- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether GHA possesses the basic qualifications including, but not limited to, those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaint before the Enforcement Bureau filed against GHA regarding the above-captioned investigation as of the date of this Consent Decree IS DISMISSED. 8. IT IS FURTHER
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- the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. IV. ordering clauses 13. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Time Warner is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred dollars ($7,500.00) for willful violation of Section 76.1603(b) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Mobilarm possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against Mobilarm before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER ORDERED that a
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- the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. IV. ordering clauses 13. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Charter is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred dollars ($7,500.00) for willful violation of Section 76.1603(b) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
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- may limit or eliminate the need for litigation and the further expenditure of resources by the parties and this Commission. 5. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 224, and 251 of the Act, 47 U.S.C. S:S: 154(i), 154(j), 224, 251, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S: 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that the Consent Motion to Dismiss Complaint Without Prejudice IS GRANTED. 6. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), 224, and 251 of the Act, 47 U.S.C. S:S: 154(i), 154(j), 224, 251, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S: 1.1401-1.1418, and the authority delegated
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- the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. IV. ordering clauses 13. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Harron is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred dollars ($7,500.00) for willful violation of Section 76.1603(b) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
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- absence of material new evidence relating to this matter, we conclude there are no substantial or material questions of fact as to whether Honeywell Sensing and Control possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Anthony A. Kuznik, Vice President and General
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- Bureau that such refunds have been paid and that affected subscribers ' fees have been reduced as directed. IV. ordering clauses 13. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Comcast is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of Fifteen Thousand dollars ($15,000.00) for willful violation of Section 76.1603(b) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this Notice
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- private resolution of disputes and eliminating the need for further litigation and the expenditure of additional time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, and 1.1401-1.1418, that the Motion is GRANTED, and that this proceeding IS DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Pole Attachment Access Complaint, File No. EB-09-MD-004 (filed March 13, 2009) ("Complaint"). 47 U.S.C. S: 224. 47 C.F.R. S:S: 1.1401
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- the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. IV. ordering clauses 13. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Cox is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred dollars ($7,500) for willful violation of Section 76.1603(b) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ordering clauses 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Copier Search International, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $9,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that AZ Prime One Mortgage Corporation IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $10,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related
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- section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Rentex IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $4,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders as described in
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- the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. IV. ordering clauses 13. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Cox is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willful violation of Section 76.1603(b) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this Notice
- http://transition.fcc.gov/eb/Orders/2009/DA-09-133A1.html
- the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. IV. ordering clauses 13. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Cablevision is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-two thousand five hundred ($22,500) for willful violation of Section 76.1603(b) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
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- of bank fraud, in violation of 18 U.S.C. S:S: 2 and 1344. See Douglas Benit Plea Agreement; see also Douglas Benit Judgment. This notice of suspension and initiation of debarment proceedings arises from your conviction of mail fraud, and as such, does not discuss your guilty plea and subsequent conviction of bank fraud. 47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
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- the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. IV. ordering clauses 13. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Cablevision is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred ($7,500) for willful violation of Section 76.1603(b) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Alco possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Mario Boltri, Vice President OEM/EMS Operations,
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- the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. IV. ordering clauses 13. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Cablevision is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred ($7,500) for willful violation of Section 76.1603(b) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
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- the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. IV. ordering clauses 13. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Cablevision is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred ($7,500) for willful violation of Section 76.1603(b) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
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- evidence of his felony conviction, we conclude that Terry Keith Hammond lacks the basic requisite character qualifications to be and remain a Commission licensee, and note that such conclusion would have warranted revocation of the license for Station KBKH(FM) (the "Station") prior to its cancellation. Our actions herein are taken pursuant to authority delegated to the Enforcement Bureau under Section 0.111(a)(17) of the Commission's rules. II. BACKGROUND 2. On September 15, 2006, the Commission commenced a hearing proceeding to determine whether Mr. Hammond is qualified to be and remain a licensee, whether his license for Station KBKH(FM) should be revoked, and whether his application for renewal of the station's license should be granted. The Hearing Designation Order specified numerous questions of
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- the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. IV. ordering clauses 13. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Cablevision is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred ($7,500) for willful violation of Section 76.1603(b) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
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- that Bear Creek's unlicensed operation was not analogous to the intentional unlicensed operation of a "pirate" station operator who operates its station in flagrant violation of Commission rules. We therefore downwardly adjust the $10,000 base forfeiture amount to five thousand dollars ($5,000). IV. Ordering clauses 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules that Bear Creek Mountain Resort IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for willful and repeated violation of Section 301 of the Act. 13. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment
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- the Bureau that such refunds have been paid and that affected subscribers' fees have been reduced as directed. IV. ordering clauses 13. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules,47 C.F.R. S: 0.111, 0.311, Charter is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred dollars ($7,500.00) for willful violation of Section 76.1603(b) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
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- profitable entities, such as Midland could expect forfeitures higher than those reflected in the base amounts. Accordingly, applying the Forfeiture Policy Statement and statutory factors to the instant case, we conclude that Midland is apparently liable for a monetary forfeiture of $21,000. iV. ordering clauses 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Midland, IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for marketing noncompliant GMRS transmitters, in willful and repeated violation of Section 302(a) of the Act and Section 2.803(g) of the Rules. 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Technogym possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Technogym S.p.A., c/o Technogym USA, 830 Fourth
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- unauthorized or technically non-compliant device, we find that a downward adjustment of the base forfeiture amount from $7,000 to $4,000 is warranted for Proxim's marketing of the mislabeled AP-700. 13. We, accordingly, find that a total proposed forfeiture of $11,000 is appropriate. iV. ordering clauses 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Proxim, IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand dollars ($11,000) for marketing non-compliant wireless access points and wireless access points not labeled in accordance with Section 2.925 of the Rules, in willful and repeated violation of Section 302(b) of the Act and Section 2.803(a) of the
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- in November of 2007, Inter Tech's website offered this transmitter for sale on February 7, 2008. Accordingly, we find that a proposed forfeiture of eleven thousand dollars ($11,000) is warranted for Inter Tech's violation of Section 1.17(a)(2) of the Rules. iV. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Inter Tech FM IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules, and eleven thousand dollars ($11,000) for willfully violating Section 1.17(a)(2) of the Rules, for a total proposed
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CT Cube possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Mike Higgins, Jr., General Manager, CT
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- advertisement to the consumer identified in the Appendix. We have further determined that Y Pay More is apparently liable for a forfeiture in the amount of $4,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Y Pay More is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether InFill possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Marjorie Spivak, Esq., counsel for InFill
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- for further litigation and the expenditure of additional time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. S:S: 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111 and 0.311, that the Motion IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE as to defendants Matrix Management, Inc. and ZCom Networks, Inc., and that this proceeding IS TERMINATED as to defendants Matrix Management, Inc. and ZCom Networks, Inc. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution
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- Accordingly, we propose a forfeiture of $14,000 for the willful and repeated marketing of two unauthorized transmitter models, and $8,000 for the willful and repeated marketing of two unauthorized amplifier models, for an aggregate forfeiture of twenty-two thousand dollars ($22,000). iV. ORDERING CLAUSES 18. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Inter Tech FM IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-two thousand dollars ($22,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 19. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of
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- section 227 of the Act and the Commission's related rules and orders, as set forth in the NALs. III. ordering clauses 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under the authority delegated by sections 0.111 and 0.311 of the commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Amerilist, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $22,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders as
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1528A1.html
- to your six count conviction. United States v. Andre Jose Hornsby, Criminal Docket No. 8:06CR00376-PJM-1, Judgment (D. Md. filed and entered Dec. 5, 2008) ("Hornsby Judgment"). See also United States v. Andre Jose Hornsby, Criminal Docket No. 8:06CR00376-PJM-1, Superseding Indictment (D. Md filed and entered Apr. 23, 2008) ("Hornsby Indictment"). 47 C.F.R. S: 54.8 (2008). See also 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1529A1.html
- filed and entered Mar. 31, 2009) (Convicted on Counts 11 and 22)("Newton Judgment"). See also generally United States v. Video Network Communications, Inc. et al., Criminal Docket No. 3:05-CR-00208-CRB, Superseding Indictment (N.D. Cal. filed Dec. 8, 2005 and entered Dec. 12, 2005), http://www.usdoj.gov/atr/cases/f213600/213626.htm (accessed May 1, 2008) ("VNCI Superseding Indictment"). 47 C.F.R. S: 54.8 (2008). See also 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that DD&S Companies, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $9,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders as
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1531A1.html
- or repeated violation of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. 8. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that So Clean, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $18,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1538A1.html
- violated Section 73.49 of the Rules, based upon their inability to pay, we conclude that pursuant to Section 503(b) of the Act and the Forfeiture Policy Statement, reduction of the $7,000 forfeiture to $500 is warranted. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Albino Ortega and Maria Juarez, ARE LIABLE FOR A MONETARY FORFEITURE in the amount of $500 for willfully and repeatedly violating Section 73.49 of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1539A1.html
- we conclude that Playa willfully and repeatedly violated Section 74.1236(c) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $4,000 forfeiture is warranted. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Playa Del Sol Broadcasters, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 74.1236(c) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1540A1.html
- and Section 25.102(a) of the Rules, based upon its inability to pay, we conclude that pursuant to Section 503(b) of the Act and the Forfeiture Policy Statement, reduction of the $4,000 forfeiture to $1,100 is warranted. IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, The Starfish Television Network, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $1,100 for willfully and repeatedly violating Section 301 of the Act and Section 25.102(a) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1552A1.html
- statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we reduce the proposed forfeiture to $1,200, based on Jackson's history of compliance with the rules and inability to pay. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jackson Radio, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand two hundred dollars ($1,200) for violations of Sections 11.35 and 73.49 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1566A1.html
- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Universal Roofing d/b/a Universal Roofing & General Contracting IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $4,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3),
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- with the Rules, we find that the circumstances surrounding and the nature and the extent of Greeley's violation justifies cancellation of the NAL. However, we admonish Greeley for its violation of Section 73.49 of the Rules. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, that the proposed forfeiture in the amount of seven thousand dollars ($7,000) issued to Greeley Broadcasting Corporation, in the July 29, 2008, Notice of Apparent Liability for willful and repeated violations of Section 73.49 of the Rules IS CANCELLED. 13. IT IS FURTHER ORDERED that Greeley Broadcasting Corporation, IS ADMONISHED for its violation
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1577A1.html
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaints and allegations against the Station and/or the Licensee before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1580A1.html
- further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Act, 47 U.S.C. S:S: 154(i), 154(j), 208, and sections 1.106, 1.720 - 1.736 of the Commission's rules, 47 C.F.R. S:S: 1.106, 1.720 - 1.736, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that MAP Mobile Communications, Inc.'s Notice of Settlement and Request for Dismissal of Petition for Reconsideration IS GRANTED and its Petition for Partial Reconsideration or Clarification is hereby DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau MAP Mobile Communications, Inc. v. Illinois Bell Telephone Company,
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Wilson possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-6040 In the
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether WTC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-5981 In the
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Clearcom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-3356 In the
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1587A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TSI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-5562 In the
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CenCom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-3277 In the
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ComSouth possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-3476 In the
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1592A1.html
- on the record, we find that @Communications did not willfully and repeatedly violate section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to @Communications, Inc. in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture for willful and repeated violations of a Commission rule IS CANCELLED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1593A1.html
- on the record, we find that PriorityOne did not willfully and repeatedly violate section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. 5. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of three thousand dollars ($3,000) issued to PriorityOne Telecommunications, Inc. in the February 25, 2009 Notice of Apparent Liability for Forfeiture for willful and repeated violations of a Commission rule IS CANCELLED. 6. IT IS FURTHER ORDERED that a copy of this Order shall be
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1596A1.html
- the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Chladek willfully and repeatedly violated Section 73.3526(e)(12) of the Rules and that the $4,000 forfeiture proposed in the NAL is warranted. IV. Ordering clauses 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules that James J. Chladek IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willful and repeated violation of 47 C.F.R. S: 73.3526(e)(12). 11. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1597A1.html
- for operating mobile units and a mobile relay station on the unauthorized frequencies 469.4 MHz and 464.4 MHz respectively. Despite evidence that Sims received the NAL, Sims has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Sims Metal East, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1599A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ComSouth possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-3477 In the
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1600A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ComTech possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-3478 In the
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1601A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Nebraska possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-4775 In the
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1602A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Stanton possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-5437 In the
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1604A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NLD possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-4776 In the
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1606A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Ligtel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-4469 In the
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1607A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Southwest possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-5417 In the
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1609A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TCB possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) File
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1610A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether RTC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-5173 In the
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1611A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Smithville possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-5370 In the
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1612A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ASTAC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-2990 In the
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1613A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Family Tel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-3863 In the
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1614A1.html
- on the record, we find that Naperville did not willfully and repeatedly violate section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to the City of Naperville in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture for willful and repeated violations of a Commission rule IS CANCELLED. 5. IT IS FURTHER ORDERED that a copy of this Order
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1615A1.html
- on the record, we find that Sweetser did not willfully and repeatedly violate section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Sweetser Rural Telephone Company, Inc. in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture for willful and repeated violations of a Commission rule IS CANCELLED. 5. IT IS FURTHER ORDERED that a copy of this
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1616A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Clay County possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-3350 In the
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1617A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Giles-Craig possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-3982 In the
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1618A1.html
- the record, we find that TCO Network did not willfully and repeatedly violate section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to TCO Network, Inc. in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture for willful and repeated violations of a Commission rule IS CANCELLED. 5. IT IS FURTHER ORDERED that a copy of this Order shall
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1619A1.html
- on the record, we find that Hinton did not willfully and repeatedly violate section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Hinton Telephone Company of Hinton Oklahoma, Inc. in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture for willful and repeated violations of a Commission rule IS CANCELLED. 5. IT IS FURTHER ORDERED that a copy
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1620A1.html
- we find that The Telephone Company, Inc. did not willfully and repeatedly violate section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to The Telephone Company, Inc. in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture for willful and repeated violations of a Commission rule IS CANCELLED. 5. IT IS FURTHER ORDERED that a copy of this Order
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1621A1.html
- on the record, we find that Momentum did not willfully and repeatedly violate section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of six thousand dollars ($6,000) issued to Momentum Telecom, Inc. in the February 25, 2009 NAL for willful and repeated violations of a Commission rule IS CANCELLED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1627A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Evertek possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-3840 In the
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1628A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Topsham possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-5726 In the
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1630A1.html
- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111, and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Coastal Steel Structures, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $18,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1631A1.html
- section 227 of the Act and the Commission's related rules and orders, as set forth in the 2008 NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Tri-State Printer & Copier Supply Co., Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $9,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1632A1.html
- we conclude that our investigation raises no substantial or material questions of fact as to whether B & B Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) File No. EB-08-TC-3125 In the Matter
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1633A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether GBT possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-3939 In the
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1634A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Cedar-Wapsie possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-3270 In the
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1635A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NMRSA6-III possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-4731 In the
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1636A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether SOTI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) File
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1637A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Peetz possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-5015 In the
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1638A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NCAP possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-4849 In the
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1639A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Carr possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-3261 In the
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1640A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Ogden possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-4886 In the
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1641A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Westphalia possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-6024 In the
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1642A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether SpringCom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-5430 In the
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1645A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Pinnacle possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against Pinnacle before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER ORDERED that
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- material new evidence relating to this matter, we conclude that the Bureau's investigations raise no substantial or material questions of fact as to whether the AT&T Companies possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Cathy Carpino, General Attorney, AT&T Services
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1709A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Fort Mojave possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-3900 In the
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1712A1.html
- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that First Alliance Security IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $13,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1733A1.html
- Communications Act of 1934, as amended (the "Act"), and Section 1.80 of the Commission's Rules, Jones College IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,500 for willfully and repeatedly violating Section 399B of the Act, as amended, and Section 73.503(d) of the Commission's Rules. 15. IT IS FURTHER ORDERED that, pursuant to the authority delegated in Section 0.111(a)(17) of the Commission's Rules, Jones College IS ADMONISHED for violating Section 1.17(a)(2) of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Forfeiture Order. If the forfeiture is not paid within the period specified, the case may be referred
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1738A1.html
- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether VSAT Systems possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Michael Kister, President, VSAT Systems, LLC, 1520
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1742A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether AP&T possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-2839 In the
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1743A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Falcon1 possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-3862 In the
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1744A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TSC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-5526 In the
- http://transition.fcc.gov/eb/Orders/2009/DA-09-174A1.html
- Enforcement Bureau ("New Orleans Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $3,000 to Millworks. Millworks has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Southern Classic Millworks, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for violations of Section 17.4(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- has presented a reasonable showing that neither Venali nor customers using Venali services in fact transmitted the faxes involved in the complaints or NAL. We therefore conclude that the NAL issued to Venali should be cancelled. III. ordering clauses 5. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f) (4) of the Commission's Rules, that the proposed forfeiture in the amount of $18,000 issued to Venali, Inc. in the September 28, 2007 Notice of Apparent Liability for Forfeiture IS CANCELLED. 6. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Venali,
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- Bureau ("Houston Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Mr. Severino. Mr. Severino has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Radhames Severino IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
- http://transition.fcc.gov/eb/Orders/2009/DA-09-1756A1.html
- a downward adjustment of the proposed forfeiture from $32,000 to $25,000 is warranted because Journal Broadcast made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Journal Broadcast Corporation IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for the willful and repeated violation of Section 301 of the Act and Section 25.201(a) of the Rules, and for willful violation of Section 25.121(e) of the Rules. 15. IT IS FURTHER ORDERED
- http://transition.fcc.gov/eb/Orders/2009/DA-09-175A1.html
- ("New Orleans Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $14,000 to Mr. Konarz. Mr. Konarz has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jason Konarz IS LIABLE FOR A MONETARY FORFEITURE in the amount of $14,000 for violations of Section 73.49 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
- http://transition.fcc.gov/eb/Orders/2009/DA-09-176A1.html
- Enforcement Bureau ("San Juan Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $13,000 to PBS. PBS has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Perry Broadcasting Systems IS LIABLE FOR A MONETARY FORFEITURE in the amount of $13,000 for violations of Sections 17.51(a) and 17.57 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- between APCC and CNS and by eliminating the need for further litigation as between these two parties. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. S:S: 1.720-1.736, and the authority delegated in sections 0.111, 0.311, of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that the Motion to Dismiss CCI Network Services, Inc. is GRANTED and the complaint is DISMISSED WITH PREJUDICE as to defendant CCI Network Services, Inc., and that this proceeding IS TERMINATED as to defendant CCI Network Services, Inc. 5. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Pro Tech possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Steve Chapin, Chief Executive Officer and President,
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- complainant in each case. Accordingly, as a result of our review of Entercom's response to the NAL, and in view of the statutory factors and the Forfeiture Policy Statement, we affirm the NAL and issue a forfeiture in the amount of $4,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Entercom Wichita License, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willful violation of Section 73.1216 of the Commission's Rules. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include
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- advertisement to the consumer identified in the Appendix. We have further determined that American Medical Services is apparently liable for a forfeiture in the amount of $4,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that American Medical Services is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- sales and SIM card sales. Accordingly, we find that Cellular Abroad did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Cellular Abroad in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture IS CANCELLED. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt
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- certification filing was due. Accordingly, we find that Daytona Beach did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to City of Daytona Beach in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture IS CANCELLED. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified
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- year 2007 was not due. Accordingly, we find that Nebraska Supercomm did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Nebraska Supercomm, LLC in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture IS CANCELLED. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return
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- was not a telecommunications carrier. Accordingly, we find that Pilgrim did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Pilgrim Telephone, Inc. in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture IS CANCELLED. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail
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- during the 2007 calendar year. Accordingly, we find that Visionary did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Visionary Communications, Inc. in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture IS CANCELLED. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail
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- calendar year 2007 was not due. Accordingly, we find that Zicore did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of two thousand dollars ($2,000) issued to Zicore Services, Inc. in the February 25, 2009 Notice of Apparent Liability for Forfeiture IS CANCELLED. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return
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- the egregious nature of the misconduct that misled listeners and CBS's prior history of violations of Section 73.1216, we conclude that an upward adjustment of the forfeiture amount is warranted in this case. Thus we find that the appropriate forfeiture amount is $6,000. IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, that CBS Radio East Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $6,000 for apparently willfully and repeatedly violating Section 73.1216 of the Commission's rules. 15. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release of
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- may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at Vickie.Robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Dayle A. Elieson, U.S. Attorney's Office, United States Department of Justice (via mail) See 47 C.F.R. S:S: 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Ruben B. Bohuchot, Notice of Suspension and Initiation of Debarment Proceedings, 24 FCC Rcd 2448 (Inv. & Hearings Div., Enf. Bur. 2009) (Attachment 1)("Notice of Suspension"). In the Notice of Suspension, the Bureau referred to your frauds as being associated with E-Rate
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- may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at Vickie.Robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Dayle A. Elieson, U.S. Attorney's Office, United States Department of Justice (via mail) See 47 C.F.R. S:S: 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Frankie Logyang Wong, Notice of Suspension and Initiation of Debarment Proceedings, 24 FCC Rcd 2456 (Inv. & Hearings Div., Enf. Bur. 2009) (Attachment 1)("Notice of Suspension"). In the Notice of Suspension, the Bureau referred to your frauds as being associated with E-Rate
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- year 2007 was not due. Accordingly, we find that Isan did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of six thousand dollars ($6,000) issued to Isan Telecom, Inc. in the February 25, 2009 Notice of Apparent Liability for Forfeiture IS CANCELLED. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return
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- certification for calendar year 2007. Accordingly, we find that Plains did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Plains Communications Services, LLC in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture IS CANCELLED. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified
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- year 2007 was not due. Accordingly, we find that Orange did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Orange Auto Sound in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture IS CANCELLED. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail
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- year 2007 was not due. Accordingly, we find that Freedom did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Freedom Telecommunications, Inc. in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture IS CANCELLED. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail
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- certification for calendar year 2007. Accordingly, we find that Allendale did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Allendale Telephone Company d/b/a Allendale Communications Company in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture IS CANCELLED. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class
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- 2007 was not due. Accordingly, we find that Worldwide Marketing did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of two thousand dollars ($2,000) issued to Worldwide Marketing Solutions, Incorporated in the February 25, 2009 Notice of Apparent Liability for Forfeiture IS CANCELLED. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail
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- to further penalties, including potentially higher monetary forfeitures. 14. Accordingly, based on the facts, we find Opp Ed apparently liable for a combined forfeiture of $19,000 for WJIF's apparent willful and repeated violation of Sections 11.35, 11.61(a) and 73.1015 of the Rules. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Opp Educational Broadcasting Foundation, Licensee of FM Radio Station WJIF, IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of nineteen thousand dollars ($19,000) for willful and repeated violation of Sections 11.35, 11.61(a) and 73.1015 of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,
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- Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1477 and by e-mail at Michele.Berlove@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Taurus N. Ziedas, United States Attorney' Office, Department of Justice (via e-mail) Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) 47 C.F.R. S: 54.8(g) (2008). See also 47 C.F.R. S: 0.111(a)(14). Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Douglas Benit, Notice of Suspension and Initiation of Debarment Proceedings, 24 FCC Rcd 8153 (Inv. & Hearings Div., Enf. Bur. 2009) (Attachment 1)("Notice of Suspension"). 74 Fed. Reg. 31947 (July 6, 2009). See Notice of Suspension, 24 FCC Rcd at 8155-56. See 47
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- was acquired by another carrier. Accordingly, we find that Clarks did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Clarks Telecom Long Distance in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture IS CANCELLED. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified
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- for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. S:S: 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111 and 0.311, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau 1 Formal Complaint, File No. EB-09-MD-002 (filed Feb. 9, 2009) ("Complaint"). 47 U.S.C. S: 208. Complaint at 2, 10-12, 18-20; 47 U.S.C.
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- and find no other violations against the licensee. Under similar circumstances, we have reduced proposed forfeitures, and find that doing so in this case is appropriate. Consequently, we reduce Sparta-Tomah's forfeiture amount from $11,000 to $8,800. IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Sparta-Tomah Broadcasting Co. Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,800 for willfully and repeatedly violating Sections 73.1745 and 73.1125 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Alliance Capital Corporation, IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $4,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders as described
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- Sections 73.1745(a), 1.903(a), and 73.3526(e)(12) of the Rules, we conclude, based upon our review of PTDC's supporting financial documentation, that pursuant to Section 503(b) of the Act and the Forfeiture Policy Statement, a reduction of the $15,000 forfeiture to $5,000 is warranted. IV. Ordering clauses 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules that Pentecostal Temple Development Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for willful and repeated violation of 47 C.F.R. S:S: Sections 73.1745(a), 1.903(a), and 73.3526(e)(12). 15. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications
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- a reduction in the forfeiture is warranted based on Real Life's history of compliance with the Commission's Rules. We have reviewed the Commission database and we find that a reduction in the forfeiture to $18,400 is warranted. IV. ORDERING CLAUSES 27. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Real Life Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eighteen thousand four hundred dollars ($18,400) for violations of Section 73.1745(a), 11.35, 73.49, and 73.3526(e)(12) of the Rules. 28. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that American Locators, Inc., IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $4,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders as described
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. III. ordering clauses 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Guardian Steel Buildings, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $4,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaints and allegations against the Station and/or the Licensee before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree
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- private resolution of disputes and eliminating the need for further litigation and the expenditure of additional time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111, 0.311, and 1.720 - 1.736 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, and 1.720 - 1.736, that the Motion is GRANTED, and that the Complaint in this proceeding is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Lisa J. Saks Assistant Chief, Market Disputes Resolution Division Enforcement Bureau APCC Services Inc. v. Dollar Phone Corp., RespOrgUSA, Inc., Dollar Phone Access,
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- Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1477 and by e-mail at Michele.Berlove@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Michael R. Pauze, Assistant United States Attorney, Department of Justice (via e-mail) Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) 47 C.F.R. S: 54.8(g) (2008). See also 47 C.F.R. S: 0.111(a)(14). Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Andre J. Hornsby, Notice of Suspension and Initiation of Debarment Proceedings, 24 FCC Rcd 9093 (Inv. & Hearings Div., Enf. Bur. 2009) (Attachment 1)("Notice of Suspension"). 74 Fed. Reg. 36223 (July 22, 2009). See Notice of Suspension, 24 FCC Rcd at 9094-96. See
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- Acting Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1477 and by e-mail at Michele.Berlove@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Michael Wood, Antitrust Division, United States Department of Justice (via e-mail) 47 C.F.R. S: 54.8(g) (2008). See also 47 C.F.R. S: 0.111(a)(14). Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Steven Newton, Notice of Suspension and Initiation of Debarment Proceedings, 24 FCC Rcd 9098 (Inv. & Hearings Div., Enf. Bur. 2009) (Attachment 1)("Notice of Suspension"). 74 Fed. Reg. 36221 (July 22, 2009). See Notice of Suspension, 24 FCC Rcd at 9099-101. See 47
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- Pulsar certainty about the status of the claims against it. Ordering Clause 11. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208 and 276 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 151, 154(i), 154(j), 208, and 276, and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. S:S: 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED in its entirety. FEDERAL COMMUNICATIONS COMMISSION Lisa B. Griffin Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. S: 208. 47 U.S.C. S:S: 201(b), 276. See APCC Services, Inc. v. Pulsar Communications, Inc., File
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- of an EAS test or actual emergency information, whether intentional or accidental, compromises the integrity of the EAS system. Accordingly, we conclude that station KWVE is apparently liable for a $5,000 forfeiture for its willful violation of Section 11.61(a) of the Rules. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Calvary Chapel of Costa Mesa, Inc., licensee of FM Radio Station KWVE, IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of five thousand dollars ($5,000) for willful violation of Section 11.61(a) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaints and allegations against the Station and/or Licensee before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Next-G possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jonathan S. Marashlian, Counsel for Next-G
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- record, and based on information provided by WorldNet in its response to the NAL, including sworn declarations from two WorldNet employees, we find that the record is insufficient to support a finding of a willful violation. Accordingly, we conclude that the NAL should be cancelled. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the April 3, 2009 Notice of Apparent Liability for Forfeiture and Order issued to WorldNet, L.L.C. IS CANCELLED. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and by Certified Mail Return Receipt Requested to Ms. Debra R. Schmidt, Director of Telephony Services, WorldNet, L.L.C.,
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- response or payment was due. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, that the Petition for Reconsideration filed by Southern Classic Millworks, LLC IS DENIED. 14. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Southern Classics Millworks, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for violation of Section 17.4(a) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Imation possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Greg J. Bosler, Vice President, Consumer
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CBS possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture, Forfeiture Order, and Memorandum Opinion and Order ARE CANCELLED. 7. IT IS FURTHER ORDERED that the third-party complaint against CBS before the Bureau related to the
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TWC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b)of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Time Warner Cable, Inc.:
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaints and allegations against the Stations and/or the Licensee before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Humax possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Bureau's investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Humax Co. Ltd., John Janka,
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether WNC possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Bureau's investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Wistron NeWeb Corporation, John Janka,
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- appropriate. Accordingly, applying the Forfeiture Policy Statement and the statutory factors to this case, we conclude that Lancaster is apparently liable for a forfeiture in the amount of seven thousand five hundred dollars ($7,500) for apparently violating the Commission's underwriting rules. IV. ORDERING CLAUSES 10. ACCORDINGLY, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Lancaster Educational Broadcasting Foundation, licensee of noncommercial educational Station WFCO(FM), Lancaster, Ohio, is hereby NOTIFIED OF ITS APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred dollars ($7,500) for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, and Section 73.503 of the Commission's rules,
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- and resources by the Commission, and by affording the parties certainty about the status of this proceeding. 6. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. S:S: 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE as to defendants Network Management, Inc. and USP Communications, Inc., and that this proceeding IS TERMINATED in its entirety. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Complaint, File No. EB-08-MD-007 (filed August 13, 2008)
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- factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we reduce the proposed forfeiture to $1,500, based on Foundation Inc's history of compliance with the rules and inability to pay. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, The King's Musician Educational Foundation, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violations of Sections 17.4(g) and 17.51(b) of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Midland possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return
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- we conclude that Clerveau and Edwards repeatedly violated Section 301 of the Act. Considering the entire record and the factors listed above, we find that cancellation or reduction of the proposed $10,000 forfeiture is not warranted. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jean Clerveau and Jocelyn Edwards ARE JOINTLY AND SEVERALLY LIABLE FOR A MONETARY FORFEITURE in the amount of $10,00 for repeatedly violating Section 301 of the Act. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tama and Zwirn possess the basic qualifications including, but not limited to, those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints before the Enforcement Bureau filed against Tama Broadcasting, Inc., and D.B. Zwirn & Co., L.P., regarding the above-captioned investigation as of the date of this
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether KRI possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Bureau's investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Young-hoon Bae, President and CEO, KIRYUNG Electronics
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Audiovox possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against Audiovox before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER ORDERED that a
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- against Richfield is $18,000. IV. conclusion 12. In sum, we propose a forfeiture amount of $18,000 for Richfield's marketing of non-compliant and unlabeled equipment in apparent willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. V. ordering clauses 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Richfield Electronics (China) Ltd. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for its willful and repeated violations of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within
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- 303(q) of the Act, and Sections 17.51(a), 17.47(a), 17.48, and 17.57 of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed $13,000 forfeiture to $11,000 is warranted. IV. ORDERING CLAUSES 20. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ely Radio, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $11,000 for repeatedly violating Section 303(q) of the Act, and Sections 17.51(a), 17.47(a), 17.48, and 17.57 of the Rules. 21. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Secured Finance & Investments, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $4,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- adjustment of the base forfeiture amount. After consideration of all the foregoing factors, and in view of the particular facts of this case, we find that AMFM is apparently liable for a forfeiture in the amount of $6,000. III. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that AMFM Broadcasting Licenses, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of six thousand dollars ($6,000) for willfully and repeatedly violating Sections 73.1216 of the Commission's rules. 12. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, that within thirty
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- to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we reduce the proposed forfeiture to $2,500, based on Mr. Grover's inability to pay. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Frankie Grover IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand five hundred dollars ($2,500) for violations of Section 301 of the Act. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- and statutory factors to the instant case, we conclude that Uniden's proposed forfeiture should be adjusted downward by a total of $8,000. 13. On the basis of the foregoing, we find that Uniden is apparently liable for a proposed forfeiture of $23,000. iV. ordering clauses 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Uniden, IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-three thousand dollars ($23,000) for marketing non-compliant GMRS transmitters in willful and repeated violation of Section 302(a) of the Act and Section 2.803(g) of the Rules. 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within
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- NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation or reduction of the $10,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Raymond Frank IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- result of our review, we conclude that Hodson willfully and repeatedly violated Section 73.1620 of the Rules. Considering the entire record and the factors listed above, we find that Hodson is liable for a $20,000 forfeiture. IV. ORDERING CLAUSES 21. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Hodson Broadcasting, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for willfully and repeatedly violating Section 73.1620 of the Rules. 22. IT IS FURTHERED ORDERED THAT, within 30 days of the release of this Order, Hodson Broadcasting file with the District Director, Denver Office, the report required in paragraph 19
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- modify, or expand its request for information relative to these investigations. 4. We modify the portions of the Letters of Inquiry that require each party to supplement, on a quarterly basis, the information provided in the parties' responses to the Letters of Inquiry, and temporarily suspend, until further notice, such obligations. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311, 1.102 and 1.113 of the Commission's Rules, the Notices of Apparent Liability for Forfeiture and Order and the Letters of Inquiry issued in the above captioned proceedings ARE MODIFIED as set forth in Paragraphs 1 - 4 above. 6. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail, Return
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- a compliance report (i) describing all EAS compliance measures undertaken since October 18, 2008 (e.g., any employee training or changes in station protocols) designed to prevent a recurrence of the violations at issue here, along with (ii) a certification by an officer of the company to the accuracy of such report. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 0.111, 0.311 and 1.113 of the Rules, the Notice of Apparent Liability for Forfeiture released on September 17, 2009 IS HEREBY SET ASIDE. 5. IT IS FURTHER ORDERED that in lieu of the September 17, 2009 Notice of Apparent Liability for Forfeiture, Calvary Chapel of Costa Mesa, Inc. IS ADMONISHED for transmitting an unauthorized RMT of the EAS and failing to
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- that Media Logic willfully and repeatedly violated Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $3,200 is warranted. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Media Logic LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for willfully and repeatedly violating Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- our review, we conclude that Evans willfully and repeatedly violated Section 73.49 of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $3,500 is warranted. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, The Evans Broadcast Company, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,500 for willfully and repeatedly violating Section 73.49 of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
- http://transition.fcc.gov/eb/Orders/2009/DA-09-248A1.html
- release of the NAL/Order, in which to either pay in full the amount of the proposed forfeiture or file a written statement seeking reduction or cancellation of the proposed forfeiture. We hereby extend the time period within which such action must be taken by thirty (30) days to March 20, 2009. 3. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311, 1.102 and 1.113 of the Commission's Rules, the Notices of Apparent Liability for Forfeiture and Orders issued in the above captioned proceedings are modified as set forth in Paragraph 1 and 2 above. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent, by Certified Mail, Return Receipt Requested, to each counsel of record in
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- response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that the $4,000 forfeiture proposed in the NAL is warranted. IV. ORDERING CLAUSES 6. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Hensley Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 73.3526(e)(12) of the Rules. 7. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- and the matters raised by the Licensee in response to the NAL, we find that the Licensee is apparently liable for a forfeiture in the amount of $3,200. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80 of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, that RCK 1 Group, LLC IS LIABLE FOR A MONETARY FROFEITURE in the amount of three thousand two hundred dollars ($3,200) for willful violation of Section 73.1206 of the Commission's rules, 47 C.F.R. S: 73.1206, as described in the paragraphs above. 11. Payment of the forfeiture shall be made in the manner provided for
- http://transition.fcc.gov/eb/Orders/2009/DA-09-2545A1.html
- reduction or cancellation is warranted for an inability to pay. Accordingly, we find that XLNT Idea willfully and repeatedly violated Section 302(b) of the Act and Section 2.803(a) of the Rules and that a forfeiture in the amount of $14,000 is appropriate. IV. ORDERING Clauses 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, XLNT Idea, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willful and repeated violation of Section 302(b) of the Act and Section 2.803(a) of the Rules. 12. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal
- http://transition.fcc.gov/eb/Orders/2009/DA-09-255A1.html
- justice may require." Cumulus has previously been found to violate Section 73.1206. Having considered the record in this case and the statutory factors, we find that Cumulus is apparently liable for a forfeiture in the amount of $6,000. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, that Cumulus Licensing LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $6,000 for violating Section 73.1206 of the Commission's rules. 12. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules that within thirty (30) days of the release date of this Notice,
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- our review, we conclude that Westin willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $12,800 is warranted. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, HST Kierland LLC d/b/a Westin Kierland Resort & Spa, Kierland Golf Club, and Starwood Vacation Ownership Arizona Management, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,800 for willfully and repeatedly violating Sections 1.903(a) of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in
- http://transition.fcc.gov/eb/Orders/2009/DA-09-256A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Big Telephone apparently liable for a forfeiture of two thousand dollars ($2,000). 8. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Big Telephone, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 9. IT IS FURTHER ORDERED THAT,
- http://transition.fcc.gov/eb/Orders/2009/DA-09-2574A1.html
- we conclude that Nevada Yellow Cab willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $6,000 is warranted. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Nevada Yellow Cab Corporation DBA Yellow Cab IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
- http://transition.fcc.gov/eb/Orders/2009/DA-09-2575A1.html
- Bureau ("Tampa Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Mr. Davis. Mr. Davis has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Anthony F. Davis IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
- http://transition.fcc.gov/eb/Orders/2009/DA-09-257A1.html
- 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Ben Lomand Rural apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Ben Lomand Rural Tel. Coop., Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS
- http://transition.fcc.gov/eb/Orders/2009/DA-09-2584A1.html
- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether BNSF possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by First Class United States Mail to Jack Richards, Esq., Keller & Heckman LLP, 1001 G Street,
- http://transition.fcc.gov/eb/Orders/2009/DA-09-258A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Ben Lomand apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Ben Lomand Communications, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED
- http://transition.fcc.gov/eb/Orders/2009/DA-09-259A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Bellvoz apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Bellvoz Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT, pursuant
- http://transition.fcc.gov/eb/Orders/2009/DA-09-25A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether AIJE possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaint and allegations against the Station and/or AIJE before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE
- http://transition.fcc.gov/eb/Orders/2009/DA-09-260A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Bee Line apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Bee Line Cable IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT,
- http://transition.fcc.gov/eb/Orders/2009/DA-09-261A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Atlantic apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Atlantic Telecommunications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT,
- http://transition.fcc.gov/eb/Orders/2009/DA-09-264A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find American Fiber apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, American Fiber Systems of Georgia, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS
- http://transition.fcc.gov/eb/Orders/2009/DA-09-265A1.html
- 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Action Communications, Inc. apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Action Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT,
- http://transition.fcc.gov/eb/Orders/2009/DA-09-267A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find 800 Response apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, 800 Response Information Services LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER
- http://transition.fcc.gov/eb/Orders/2009/DA-09-269A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Buckeye apparently liable for a forfeiture of two thousand dollars ($2000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Buckeye Telesystem, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT,
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- the Commission's investigation. 3. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the investigation. 4. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by section 0.111 and 0.311 of the Commission's Rules, that the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau 47 U.S.C. S: 154(i). 47 C.F.R. S:S: 0.111, 0.311. Federal Communications Commission DA 09-26 DRAFT Federal Communications Commission DA 05-XXX References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-26A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-26A1.doc 3. http://transition.fcc.gov/eb/Orders/2009/DA-09-26A2.html
- http://transition.fcc.gov/eb/Orders/2009/DA-09-270A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Cherokee apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Cherokee Telephone Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT,
- http://transition.fcc.gov/eb/Orders/2009/DA-09-271A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find China Telecom apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, China Telecom (Americas) Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED
- http://transition.fcc.gov/eb/Orders/2009/DA-09-276A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Communications Venture apparently liable for a forfeiture of three thousand dollars ($3,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Communications Venture Corporation dba InDigital Telecom IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS
- http://transition.fcc.gov/eb/Orders/2009/DA-09-277A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Aquis apparently liable for a forfeiture of one thousand dollars ($1,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, ComSoft Corporation dba Aquis Communications IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER
- http://transition.fcc.gov/eb/Orders/2009/DA-09-278A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Consolidated Telephone apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Consolidated Telephone Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT,
- http://transition.fcc.gov/eb/Orders/2009/DA-09-27A1.html
- In the absence of material new evidence relating to this matter, we conclude there are no substantial or material questions of fact as to whether Silver Spring possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jordan Breslow, General Counsel and Secretary, Silver
- http://transition.fcc.gov/eb/Orders/2009/DA-09-280A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Clear World apparently liable for a forfeiture of two thousand dollars ($2000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Clear World Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED
- http://transition.fcc.gov/eb/Orders/2009/DA-09-282A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find D.G.A. apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, D.G.A. Telecom, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT,
- http://transition.fcc.gov/eb/Orders/2009/DA-09-290A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Isan apparently liable for a forfeiture of six thousand dollars ($6,000.00). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Isan IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000.00) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT, pursuant to
- http://transition.fcc.gov/eb/Orders/2009/DA-09-293A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Tennessee apparently liable for a forfeiture of four thousand dollars ($4,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Tennessee Telephone Service, LLC d/b/a Freedom Communications USA, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate.
- http://transition.fcc.gov/eb/Orders/2009/DA-09-294A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Kitchen Productions apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Kitchen Productions, Inc. d/b/a Tortoise Paging IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS
- http://transition.fcc.gov/eb/Orders/2009/DA-09-296A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find KanOkla Telephone apparently liable for a forfeiture of one thousand dollars ($1,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, KanOkla Telephone Association, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED
- http://transition.fcc.gov/eb/Orders/2009/DA-09-297A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Latino Telecom apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Latino Telecom, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT,
- http://transition.fcc.gov/eb/Orders/2009/DA-09-298A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Threshold apparently liable for a forfeiture of one thousand dollars ($1,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Threshold Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT,
- http://transition.fcc.gov/eb/Orders/2009/DA-09-299A1.html
- violated section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Leflore apparently liable for a forfeiture of four thousand dollars ($4,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Leflore Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT,
- http://transition.fcc.gov/eb/Orders/2009/DA-09-302A1.html
- 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Legacy Long Distance apparently liable for a forfeiture of two thousand dollars ($2000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Legacy Long Distance International, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER
- http://transition.fcc.gov/eb/Orders/2009/DA-09-303A1.html
- of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find M & L Enterprises apparently liable for a forfeiture of four thousand dollars ($4,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, M & L Enterprises, Inc. dba Skyline Telephone Co., Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI
- http://transition.fcc.gov/eb/Orders/2009/DA-09-305A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Liberty apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Liberty Contracting and Consulting LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER
- http://transition.fcc.gov/eb/Orders/2009/DA-09-306A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Call One apparently liable for a forfeiture of six thousand dollars ($6,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, United Communications Systems, Inc. dba Call One IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT
- http://transition.fcc.gov/eb/Orders/2009/DA-09-308A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find McClure Telephone apparently liable for a forfeiture of one thousand dollars ($1,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, McClure Telephone Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT,
- http://transition.fcc.gov/eb/Orders/2009/DA-09-309A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find VDL apparently liable for a forfeiture of one thousand dollars ($1,000). 8. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, VDL, Inc., d/b/a Global Telecom Brokers IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 9. IT IS
- http://transition.fcc.gov/eb/Orders/2009/DA-09-310A1.html
- section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Millennium Digital Media Systems, LLC, dba Broadstripe apparently liable for a forfeiture of one thousand dollars ($1,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Millennium Digital Media Systems, LLC, dba Broadstripe IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT
- http://transition.fcc.gov/eb/Orders/2009/DA-09-312A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Volunteer apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Volunteer First Services, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED
- http://transition.fcc.gov/eb/Orders/2009/DA-09-315A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Commnet apparently liable for a forfeiture of four thousand dollars ($4,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Commnet Wireless, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT,
- http://transition.fcc.gov/eb/Orders/2009/DA-09-316A1.html
- 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Momentum Telecom, Inc. apparently liable for a forfeiture of six thousand dollars ($6,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Momentum Telecom, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT,
- http://transition.fcc.gov/eb/Orders/2009/DA-09-317A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Worldwide Marketing apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Worldwide Marketing Solutions, Incorporated, IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED
- http://transition.fcc.gov/eb/Orders/2009/DA-09-318A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Angel Communications apparently liable for a forfeiture of one thousand dollars ($1,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Angel Communications LLC d/b/a Mr. Radio of Arizona Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate.
- http://transition.fcc.gov/eb/Orders/2009/DA-09-321A1.html
- 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Data Radio Management apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Data Radio Management Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER
- http://transition.fcc.gov/eb/Orders/2009/DA-09-322A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find MacIntyre apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Scott C. MacIntyre IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT,
- http://transition.fcc.gov/eb/Orders/2009/DA-09-323A1.html
- 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Edward Adams Associates apparently liable for a forfeiture of four thousand dollars ($4,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Edward Adams Associates, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a complaint annual CPNI certificate. 13. IT IS FURTHER ORDERED
- http://transition.fcc.gov/eb/Orders/2009/DA-09-324A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Zicore apparently liable for a forfeiture of two thousand dollars ($2000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Zicore IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT, pursuant to
- http://transition.fcc.gov/eb/Orders/2009/DA-09-327A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find SI2Way apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, SI2Way, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT, pursuant
- http://transition.fcc.gov/eb/Orders/2009/DA-09-328A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Frank apparently liable for a forfeiture of six thousand dollars ($6,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Wayne Frank IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT, pursuant
- http://transition.fcc.gov/eb/Orders/2009/DA-09-331A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Hopper apparently liable for a forfeiture of one thousand dollars ($1,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, James T. Hopper IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT,
- http://transition.fcc.gov/eb/Orders/2009/DA-09-332A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Sherman apparently liable for a forfeiture of one thousand dollars ($1,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Arthur N. Sherman IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT,
- http://transition.fcc.gov/eb/Orders/2009/DA-09-333A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Telebeeper apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, TeleBEEPER of New Mexico, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER
- http://transition.fcc.gov/eb/Orders/2009/DA-09-334A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Clifford Bade apparently liable for a forfeiture of one thousand dollars ($1,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Clifford Bade IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT, pursuant
- http://transition.fcc.gov/eb/Orders/2009/DA-09-335A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find National Brands apparently liable for a forfeiture of two thousand dollars ($2,000). 8. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, National Brands, Inc. d/b/a Sharenet Communications Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 9. IT
- http://transition.fcc.gov/eb/Orders/2009/DA-09-337A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Netcarrier apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Netcarrier Telecom, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT,
- http://transition.fcc.gov/eb/Orders/2009/DA-09-338A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Network Innovations apparently liable for a forfeiture of two thousand dollars ($2,000). 8. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Network Innovations, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 9. IT IS FURTHER ORDERED THAT,
- http://transition.fcc.gov/eb/Orders/2009/DA-09-340A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Nunn apparently liable for a forfeiture of one thousand dollars ($1,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Nunn Telephone Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT,
- http://transition.fcc.gov/eb/Orders/2009/DA-09-341A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find O.R. Knutson apparently liable for a forfeiture of one thousand dollars ($1000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, O.R. Knutson IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT, pursuant
- http://transition.fcc.gov/eb/Orders/2009/DA-09-342A1.html
- section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order. We find One Touch apparently liable for a forfeiture of six thousand dollars ($6,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, One Touch India LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000) for willfully or repeatedly violating section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED
- http://transition.fcc.gov/eb/Orders/2009/DA-09-344A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Phillips County apparently liable for a forfeiture of one thousand dollars ($1,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Phillips County Telephone Company dba PC Telcom IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT
- http://transition.fcc.gov/eb/Orders/2009/DA-09-347A1.html
- 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Prime Time Ventures apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Prime Time Ventures, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED
- http://transition.fcc.gov/eb/Orders/2009/DA-09-348A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find PriorityOne apparently liable for a forfeiture of three thousand dollars ($3,000). 8. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, PriorityOne Telecommunications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 9. IT IS FURTHER ORDERED THAT,
- http://transition.fcc.gov/eb/Orders/2009/DA-09-349A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find ProCom apparently liable for a forfeiture of one thousand dollars ($1,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, ProCom LMR, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT,
- http://transition.fcc.gov/eb/Orders/2009/DA-09-350A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Protek apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Protek Leasing Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT,
- http://transition.fcc.gov/eb/Orders/2009/DA-09-352A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find DAR apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, DAR Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT,
- http://transition.fcc.gov/eb/Orders/2009/DA-09-357A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Santa Rosa apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Santa Rosa Communications, Ltd. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED
- http://transition.fcc.gov/eb/Orders/2009/DA-09-358A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Santa Rosa apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Santa Rosa Telephone Cooperative, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER
- http://transition.fcc.gov/eb/Orders/2009/DA-09-359A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Santel apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Santel Communications Cooperative, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED
- http://transition.fcc.gov/eb/Orders/2009/DA-09-360A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Securetel apparently liable for a forfeiture of two thousand dollars ($2,000). 8. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Securetel Network Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 9. IT IS FURTHER ORDERED THAT,
- http://transition.fcc.gov/eb/Orders/2009/DA-09-362A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Shreveport apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Shreveport Communications Service, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED
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- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Dixville Telephone apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Dixville Telephone Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT,
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- 4. In the absence of material new evidence relating to this matter, we conclude there are no substantial or material questions of fact as to whether T-Mobile possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by first class mail and certified mail return receipt requested to counsel for T-Mobile, David H.
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- of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find E & F Telecom apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, E & F Telecom, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER
- http://transition.fcc.gov/eb/Orders/2009/DA-09-371A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Eastern Colorado apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Eastern Colorado Independent Networks, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER
- http://transition.fcc.gov/eb/Orders/2009/DA-09-372A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find EGIX apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, EGIX, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT, pursuant
- http://transition.fcc.gov/eb/Orders/2009/DA-09-373A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find SCTelcom apparently liable for a forfeiture of one thousand dollars ($1,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, South Central Wireless, Inc. dba SCTelcom IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS
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- 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Specialized Mobile Radio apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Specialized Mobile Radio, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED
- http://transition.fcc.gov/eb/Orders/2009/DA-09-378A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find BKT apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, BKT Telecom Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT,
- http://transition.fcc.gov/eb/Orders/2009/DA-09-380A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find First Mile apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, E.Com Technologies, LLC dba First Mile Technologies IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT
- http://transition.fcc.gov/eb/Orders/2009/DA-09-382A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Gabriel apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Gabriel Wireless, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT,
- http://transition.fcc.gov/eb/Orders/2009/DA-09-383A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find T2 Communications apparently liable for a forfeiture of one thousand dollars ($1,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, T2 Communications, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT,
- http://transition.fcc.gov/eb/Orders/2009/DA-09-384A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Ganoco apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Ganoco, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT, pursuant
- http://transition.fcc.gov/eb/Orders/2009/DA-09-385A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Telchin apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Telchin Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT, pursuant
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- 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find General Mobile Radio apparently liable for a forfeiture of six thousand dollars ($6000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, General Mobile Radio IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT,
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- the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Hartman Telephone Exchanges, Inc. apparently liable for a forfeiture of four thousand dollars ($4, 000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Hartman Telephone Exchanges, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED
- http://transition.fcc.gov/eb/Orders/2009/DA-09-394A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Highland apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Highland Communications, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT,
- http://transition.fcc.gov/eb/Orders/2009/DA-09-401A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find TeleSpan apparently liable for a forfeiture of one thousand dollars ($1,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, TeleSpan Carrier Access, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED
- http://transition.fcc.gov/eb/Orders/2009/DA-09-426A1.html
- or repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find each of the Companies apparently liable for a forfeiture of twenty thousand dollars ($20,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, each of the Companies listed in Appendix I of this Order are hereby LIABLE FOR A MONETARY FORFEITURE in the amount of twenty thousand dollars ($20,000) each for willfully or repeatedly violating section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit annual
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Long Lines possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Brent Olson, Long Lines Wireless, LLC, 501
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- conclude that Princess K Fishing Corporation willfully and repeatedly violated Section 80.89(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $5,500 is warranted. IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Princess K Fishing Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,500 for willfully and repeatedly violating Section 80.89(a) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- S: 7206(1) (false statements on a tax return). Any further reference in this letter to "your conviction" refers to your thirteen count conviction. United States v. Ruben B. Bohuchot, Criminal Docket No. 3:07-CR-00167-L -1, Judgment (N.D. Tex. filed Nov. 14, 2008 and entered Nov. 17, 2008; amended Nov. 25, 2008) ("Ruben Bohuchot Judgment"). 47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
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- federal funds and aiding and abetting), and 1956(h) (conspiracy to lauder monetary instruments). Any further reference in this letter to "your conviction" refers to your ten count conviction. United States v. Frankie Logyang Wong, Criminal Docket No. 3:07-CR-00167-L-2, Judgment (N.D. Tex. filed Nov. 14, 2008 and entered Nov. 17, 2008) ("Frankie Wong Judgment"). 47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
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- 30, 2008) ("Ayer Plea Agreement"); United States v. Cynthia K. Ayer, 5:06-453 (001 MBS), Judgment (D. S.C. filed and entered Dec. 11, 2008) ("Ayer Judgment"). See also United States v. Cynthia K. Ayer, Criminal Docket No. 5:06-453 (001 MBS), Indictment (D. S.C. filed Apr. 19, 2006 and entered Apr. 20, 2006) ("Ayer Indictment"). 47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
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- however, that a downward adjustment of the proposed forfeiture from $16,000 to $12,800 is warranted because SES made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, SES Americom, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand eight hundred dollars ($12,800) for the willful and repeated violation of Section 301 of the Act and Section 25.102(a) of the Rules and for the willful violation of the requirement to timely file a modification
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- Commission's inquiry in this case, because such post-facto remedial efforts are not mitigating. Based on all the circumstances, and after examining forfeiture actions in other recent underwriting cases, including that cited above, we believe that a forfeiture of $5,000 is appropriate. IV. ORDERING CLAUSES 12. ACCORDINGLY, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Jones College, licensee of noncommercial educational Station WKTZ-FM, Jacksonville, Florida, is hereby NOTIFIED OF ITS APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. S: 399b, and Section 73.503 of the Commission's rules, 47 C.F.R. S:
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- of $2,500 is appropriate. Accordingly, applying the Forfeiture Policy Statement and the statutory factors to this case, we conclude that Ministerio is apparently liable for a forfeiture in the amount of $2,500 for willfully and repeatedly violating the Commission's Underwriting Rules. IV. ORDERING CLAUSES 10. ACCORDINGLY, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Ministerio Radial Cristo Viene Pronto, Inc., licensee of noncommercial educational Station WCRP(FM), Guayama, Puerto Rico, is HEREBY NOTIFIED OF ITS APPARENT LIABILITY FOR A FORFEITURE in the amount of $2,500 for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. S: 399b, and Section 73.503 of the
- http://transition.fcc.gov/eb/Orders/2009/DA-09-49A1.html
- Policy Statement and the statutory factors to this case, we conclude that Independence is apparently liable for a forfeiture in the amount of two thousand five hundred dollars ($2,500) for willfully and repeatedly violating the Commission's underwriting rules. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Independence Public Media of Philadelphia, Inc., licensee of noncommercial educational television Station WYBE(TV), Philadelphia, Pennsylvania, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand five hundred dollars ($2,500) for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. S: 399b
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- of repetitions is substantially fewer and the period of time over which they aired is substantially less. Based on all the circumstances, and after examining forfeiture actions in other recent underwriting cases, we believe that a forfeiture of $2,500 is appropriate. IV. ORDERING CLAUSES 11. ACCORDINGLY, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, Cayuga County Community College, licensee of noncommercial educational Station WDWN(FM), Auburn, New York, is hereby NOTIFIED OF ITS APPARENT LIABILITY FOR A FORFEITURE in the amount of $2,500 for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. S: 399b, and Section 73.503 of the Commission's rules,
- http://transition.fcc.gov/eb/Orders/2009/DA-09-51A1.html
- Accordingly, applying the Forfeiture Policy Statement and the statutory factors to this case, we conclude that PRC is apparently liable for a forfeiture in the amount of twenty thousand dollars ($20,000) for apparently willfully and repeatedly violating the Commission's underwriting rules. IV. ORDERING CLAUSES 14. ACCORDINGLY, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Power Radio Corporation, licensee of noncommercial educational Station KXPW-LP, Georgetown, Texas, IS HEREBY NOTIFIED OF ITS APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. S: 399b, and Sections 73.503 and 73.801 of
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- that a downward adjustment of the proposed forfeiture from $16,000 to $12,800 is warranted because Discovery made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations but prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Discovery World Television, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand eight hundred dollars ($12,800) for willful and repeated violation of Section 301 of the Act and Section 25.201(a) of the Rules and for willful violation of Section 25.121(e) of the Rules. 14. IT IS
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- Line's willful or repeated violation of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 180(f)(4) of the Commission's rules, 47 C.F.R. S:1.80(f)(4), and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Capital Line IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $18,000 for willful or repeated violations of section 227(b)(1)(B) of the Act, 47 U.S.C. S: 227(b)(1)(B), section 64.1200(a)(2) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(2), and the related orders described
- http://transition.fcc.gov/eb/Orders/2009/DA-09-556A1.html
- of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether PinPoint possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return
- http://transition.fcc.gov/eb/Orders/2009/DA-09-558A1.html
- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Modena Advertising, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $18,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders as described
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether 6 Johnson Road possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 7. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 8. IT IS FURTHER ORDERED that all third-party complaints against 6 Johnson Road before the Commission related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 9. IT IS FURTHER
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- to Lockheed Martin's voluntary disclosure of the violations. The Commission has considered voluntary disclosure to be a mitigating factor where the licensee brings a violation to the attention of the Commission immediately upon its discovery and before any Commission action is taken. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Lockheed Martin Corporation IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-four thousand eight hundred dollars ($24,800) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of
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- in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Skalecki willfully and repeatedly violated Section 301 of the Act and that the $10,000 forfeiture proposed in the NAL is warranted. V. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Steven A. Skalecki IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,00) for violation of Section 301 of the Act. 18. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Account
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- investigation raises no substantial or material questions of fact as to whether Yukon-Waltz possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization including that required to be an authorized common carrier. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Thomas J. Moorman, Esq., Woods &
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- Accordingly, we find that Hannspree has willfully and repeatedly violated Section 15.117(i)(1)(iii) of the Rules, and that a forfeiture in the amount of $12,450 is appropriate, and that Hannspree is not entitled to a reduction in the amount proposed by the NAL. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Hannspree North America, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand four hundred and fifty dollars ($12,450) for willful and repeated violation of Section 15.117(i)(1)(iii) of the Rules. 14. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Intel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Peter K. Pitsch, Associate General Counsel, Intel
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Hughes possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Stephen D. Baruch, Senter & Lerman
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- MetroPCS' Motion for Sanctions. IV. ordering clauses 29. IT IS ORDERED, pursuant to sections 4(i), 4(j), 201, 208, and 332 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j), 201, 208, and 332, and sections 1.721-1.736, 20.11, and 51.711 of the Commission's rules, 47 C.F.R. S:S: 1.721-1.736, 20.11, and 51.711, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Count I of the Complaint is DISMISSED WITHOUT PREJUDICE. 30. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), 201, 202, 208, 251(b)(5), and 332 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j), 201, 202, 208, 251(b)(5), and 332, and sections 1.721-1.736, 51.301
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- willfully and repeatedly violated Section 301 of the Act and Section 25.102(a) of the Rules and willfully violated Section 25.121(e) of the Rules and find that no mitigating factors have been presented that warrant cancellation or reduction of the proposed $5,200 forfeiture. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Saga Radio Networks, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand two hundred dollars ($5,200) for willful and repeated violation of Section 301 of the Act and Section 25.102(a) of the Rules and willful violation of Section 25.121(e) of the Rules. 15. Payment of the forfeiture shall be made
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Inmate possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Thomas J. Navin, Esq., Wiley Rein
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- for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. S:S: 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111 and 0.311, that the July 2008 and March 2009 Motions ARE GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Lisa B. Griffin Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 1 Formal Complaint, File No. EB-07-MD-005 (filed Dec. 28, 2007) ("Complaint").
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- of the release of this Notice of Apparent Liability for Forfeiture and Order. Failure to do so may constitute an additional violation subjecting WorldNet to further penalties, including potentially higher monetary forfeitures. IV. ordering clauses 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Rules, WorldNet, L.L.C. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for its willful violation of a Commission Order. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) days of the release date of this Notice of Apparent Liability for
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- of prior offenses, ability to pay, and other such matters as justice may require. Taking this standard into account, and based upon the facts and circumstances presented here, we find that a forfeiture in the amount of $4,000 is appropriate in this case. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, that Greater Boston Radio, Inc., licensee of Station WMJX(FM), Boston, Massachusetts, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for apparently willfully and repeatedly violating Section 73.1216 of the Commission's rules. 14. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty
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- basic qualifications, including those related to character, to hold or obtain any Commission license or authorization, however, Halifax has agreed to refrain from applying for any new licenses for a five-year period, as stated in the Consent Decree. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the eight thousand one hundred dollar ($8,100) forfeiture imposed in the June 30, 2008 Forfeiture Order IS CANCELLED. 7. IT IS FURTHER ORDERED that Halifax Christian Community Church, Inc. SHALL NOTIFY the Media
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. 7. Bright House alleges that it could not have responded fully to the LOI because the amount of time allowed for the preparation of the company's LOI response was too brief. Certain complaints received by the Commission regarding the migration of analog programming to a digital tier, however, allege that cable operators were falsely linking the programming
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- 4. In the absence of material new evidence relating to this matter, we conclude there are no substantial or material questions of fact as to whether Arkion possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Seyamak Keyghobad, Chief Executive Officer, Arkion Systems,
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. 7. We reject Cox's contentions that it was not obligated to respond fully and completely to the Bureau's inquiry because it believes the LOI violates the PRA and is unenforceable. According to Cox and a letter submitted by the National Cable & Telecommunications Association, the Commission has violated the PRA by sending similar inquiries to 10 or
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- our review, we reduce the forfeiture associated with the unlicensed STL violation to $4,000 and conclude that a reduction of the proposed total forfeiture to $9,600 is warranted, based on Bethune-Cookman's history of compliance with the rules. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Bethune-Cookman College, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of nine thousand six hundred dollars ($9,600) for violations of Section 301 of the Communications Act, and Section 11.35(a) of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. 6. We reject Charter's argument that the LOI raises "serious procedural and due process concerns." Charter "associates itself" with a letter submitted by the National Cable & Telecommunications Association ("NCTA"). According to that letter, the Commission has violated the Paperwork Reduction Act by sending similar inquiries to 10 or more persons without first seeking notice and comment
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. 6. Harron alleges that it could not have responded fully to the LOI because the amount of time allowed for the preparation of the company's LOI response was too brief for it to arrange for the necessary disclosure of confidential material responsive to Question 8b. Certain complaints received by the Commission regarding the migration of analog programming
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- number was listed. ICTI has also continuously for more than four years failed to maintain a meaningful staff presence at the station's main studio. We therefore propose a forfeiture in the amount of $9,000 for ICTI's willful and repeated violation of Section 73.1125. IV. ordering clauses 12. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, Indianapolis Community Television, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $9,000 for willfully and repeatedly violating Section 73.1125 of the Commission's rules. 13. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release of this NAL,
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. 6. As noted above, Comcast alleges that it could not have responded fully to the LOI because the amount of time allowed for the preparation of the company's LOI response was too brief. Certain complaints regarding the migration of analog programming to a digital tier, however, allege that the cable operators are falsely linking the programming changes
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. 7. We reject Suddenlink's contentions that it was not obligated to respond fully and completely to the Bureau's inquiry because it believes the LOI violates the PRA and is therefore unenforceable. According to Suddenlink and a letter submitted by NCTA, the Commission has violated the PRA by sending similar inquiries to 10 or more persons without first
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. 7. We reject TWC's contentions that it was not obligated to respond fully and completely to the Bureau's inquiry because it believes the LOI violates the PRA and is therefore unenforceable. According to TWC and a letter submitted by the National Cable & Telecommunications Association, the Commission has violated the PRA by sending similar inquiries to 10
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- should be reduced. The NAL was sent by certified mail to 1st United's last known address. 1st United has not filed a response to the NAL nor has 1st United paid the proposed forfeiture amount. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 180(f)(4) of the Rules, 1st United Tel-Com, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of four thousand dollars ($4,000) for willfully and repeatedly violating Section 503 of the Act and Section 1.80 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in section
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- forfeiture amount is consistent with precedent in similar cases, where companies failed to provide responses to Bureau inquiries concerning compliance with the Commission's rules despite evidence that the LOIs had been received.. IV. ordering clauses 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Commissions Rules, Time Warner Cable, Inc. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for its willful violation of a Commission Order and Section 76.939 of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) days of the
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- ORDERING CLAUSES 13. Accordingly, IT IS ORDERED, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, that the Petition for Reconsideration filed by Rama Communications, Inc. IS GRANTED IN PART AND DENIED IN PART . 14. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Rama Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty two thousand five hundred dollars ($22,500) for violation of Sections 17.50, 73.49, 73.1745(a) and 73.3526 of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- forfeiture amount is consistent with precedent in similar cases, where companies failed to provide responses to Bureau inquiries concerning compliance with the Commission's rules despite evidence that the LOIs had been received. IV. ordering clauses 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Commissions Rules, Time Warner Cable, Inc. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for its willful violation of a Commission Order and Section 76.939 of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) days of the
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- forfeiture amount is consistent with precedent in similar cases, where companies failed to provide responses to Bureau inquiries concerning compliance with the Commission's rules despite evidence that the LOIs had been received. IV. ordering clauses 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Commissions Rules, Cox Communications, Inc. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for its willful violation of a Commission Order and Section 76.939 of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) days of the release
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. 7. We reject Midcontinent's contentions that it was not obligated to respond fully and completely to the Bureau's inquiry, because it believes the Commission lacks the authority to seek the information in the LOI. As stated above, the Commission has broad investigatory authority, and Midcontinent is obligated to respond to our inquiries, even if it believes them
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- to the consumer identified in the Appendix. We have further determined that One Stop Motors, Inc. is apparently liable for a forfeiture in the amount of $4,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that One Stop Motors, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(B) of the Communications Act, 47 U.S.C. S: 227(b)(1)(B), sections 64.1200(a)(2) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(2), and the related
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- rules. We have reviewed our records and note no other violations by Sonshine. Under similar circumstances, we have reduced proposed forfeitures, and we find that doing so in this case is appropriate. Consequently, we reduce Sonshine's forfeiture amount from $40,000 to $32,000. IV. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, Sonshine Family Television, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $32,000 for its willful and repeated violation of Section 317(a)(1) of the Act and Section 73.1212(a) of the Commission's rules. 17. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the rules
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- receipt requested, a copy of this Notice of Debarment to Philip H. Stillman, Esq., 224 Birmingham Drive, Suite 2A, Cardiff, CA 92007. 22. IT IS FURTHER ORDERED, pursuant to section 54.8 of the Commission's rules, 47 C.F.R. S: 54.8, that this Notice SHALL BE PUBLISHED in the Federal Register. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary See 47 C.F.R. S:S: 0.111(a), 54.8. Any further reference in this letter to "Green's conviction" refers to the judgment on conviction of twenty-two counts entered in Federal District Court earlier this year. United States v. Judy Green, Criminal Docket No. 3:05-CR-00208-WHA-007, Judgment (N.D. Cal. Filed and entered March 19, 2008) ("Judy Green Judgment"). 47 U.S.C. S: 254. The Telecommunications Act of 1996 amended the Communications
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- the absence of new material evidence relating to this matter, we conclude that our investigation raises no substantial or material question of fact as to whether Marathon possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to C. Douglas Jarrett, Esq., Keller and Heckman,
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- find, however, that a downward adjustment from $8,000 to $6,400 is warranted since Nevada Sun Peak made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Nevada Sun Peak LP IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand four hundred dollars ($6,400) for the willful and repeated violation of Section 301 of the Act and Section 1.903(a) of the Rules and the willful violation of Section 1.949(a) of the Rules. 14. IT
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- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Bela possesses the basic qualifications, including but not limited to those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111. and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaints against Bela before the Enforcement Bureau related to the above captioned investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS
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- we turn to analogous precedent relating to unauthorized operations. Consistent with this precedent, we upwardly adjust the base forfeiture by $1000 per violation, i.e., from $4000 to $5000. Thus, we propose a total forfeiture of $15,000 ($5,000 x 3 stations). IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, and 1.80 of the Rules, CruiseEmail IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willfully and repeatedly violating Section 301 of the Act and Section 1.903(a) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release
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- uploaded on the Commission's database. Accordingly, we find that Freedom Communications did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of four thousand dollars ($4,000) issued to Tennessee Telephone Service, LLC d/b/a Freedom Communications USA, LLC in the February 26, 2009 Notice of Apparent Liability for Forfeiture IS CANCELLED. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1054A1.html
- the best indicator of an ability to pay a forfeiture. We have reviewed Nierman's and Kakadu's documentation and conclude that a reduction of the forfeiture to $4,500 is warranted based on Nierman's and Kakadu's inability to pay. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Mark Nierman and Kakadu Productions, Inc. ARE JOINTLY AND SEVERALLY LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand five hundred dollars ($4,500) for violations of Section 301 of the Act. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1073A1.html
- of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Eight Friends. Eight Friends has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Eight Friends IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Account Number and
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- rules concerning advertising on noncommercial stations. The nature of the violations here reflects an unacceptable disregard for that duty and we intend to deter such behavior in the future by appropriate necessary means, including substantially higher forfeitures. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, National Farm Workers Service Center, Inc., licensee of noncommercial educational television Station KUFW (FM), Woodlake, California, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $12,500 for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. S: 399b and Section 73.503(d) of
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1079A1.html
- a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $4,000 to Paisa. Paisa has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Paisa IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. 4. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Account Number and FRN
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1080A1.html
- severally to Delroy Johnson, Paul Parara, and Richard Parara. Neither Delroy Johnson, Paul Parara, nor Richard Parara has filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Delroy Johnson, Paul Parara, and Richard Parara ARE JOINTLY AND SEVERALLY LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission.
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether QCC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b)of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-referenced investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class certified mail, return receipt requested, to Harisha J. Bastiampillai, Esq., Senior Attorney, Qwest Communications
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1095A1.html
- violations of section 64.1200(c)(2) of the Commission's rules and related orders, for the reasons set forth in the NAL. III. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that AZ Prime One Mortgage Corporation IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $20,000 for willfully and repeatedly violating section 64.1200(c)(2) of the Commission's rules, 47 C.F.R. S: 64.1200(c)(2), as described in the paragraphs above. 7. Payment of the forfeiture shall
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- Michele Levy Berlove, Acting Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1477 and by e-mail at Michele.Berlove@fcc.gov. Sincerely, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: United States Attorney's Office, Department of Justice (via e-mail) Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) 47 C.F.R. S: 54.8(g) (2008). See also 47 C.F.R. S: 0.111(a)(14). Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Benjamin Rowner, Notice of Suspension and Initiation of Debarment Proceedings, 25 FCC Rcd 3512 (Inv. & Hearings Div., Enf. Bur. 2010) (Attachment 1) ("Notice of Suspension"). 75 Fed. Reg. 20846 (April 21, 2010). See Notice of Suspension, 25 FCC Rcd at 3513-15. See
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- Michele Levy Berlove, Acting Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1477 and by e-mail at Michele.Berlove@fcc.gov. Sincerely, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: United States Attorney's Office, Department of Justice (via e-mail) Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) 47 C.F.R. S: 54.8(g) (2008). See also 47 C.F.R. S: 0.111(a)(14). Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Jay H. Soled, Notice of Suspension and Initiation of Debarment Proceedings, 25 FCC Rcd 3517 (Inv. & Hearings Div., Enf. Bur. 2010) (Attachment 1) ("Notice of Suspension"). 75 Fed. Reg. 20844 (April 21, 2010). See Notice of Suspension, 25 FCC Rcd at 3518-21.
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether BBG Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CMC Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether DialToneServices possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1132A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Faircall Corporation possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1133A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether GLC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1134A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Impact Network Solutions possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1135A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NWT possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NovoLink Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1138A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Opcom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Orlando possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Quasar Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1142A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tele Uno possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1182A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Arkadin possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1183A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Clarksville Mutual possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Ritter possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) )
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Lamar possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1186A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Michigan Access possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1187A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Reinbeck Municipal possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) File No.
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether US Telesis possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
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- its Request for Resolution. IV. ordering clauses 14. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201, 208, and 209 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 151, 154(i), 154(j), 201, 208, and 209, and sections 1.727 and 64.1300-64.1320 of the Commission's rules, 47 C.F.R. S:S: 1.727, 64.1300-64.1320, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111 and 0.311, that the Request for Resolution on the Pleadings IS GRANTED. 15. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 209 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 151, 154(i), 154(j), 208, and 209, and sections 1.720-1.736 and 64.1300-64.1320 of the
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- absence of material new evidence relating to this matter, we conclude that the Bureau's investigations raise no substantial or material questions of fact as to whether GIT possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, Ginger Washburn, President, Global Information Technologies, GIT
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- are authorized but improperly labeled. Consistent with this precedent, we propose a forfeiture of $4,000 against Wi-Ex for its marketing of improperly labeled boosters in apparent willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. iV. ordering clauses 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Wi-Ex IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for marketing radio frequency devices that are not labeled in accordance with Section 2.925(a)(1) of the Rules, in willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 7. IT
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1257A1.html
- are authorized but improperly labeled. Consistent with this precedent, we propose a forfeiture of $4,000 against Cellphone-Mate for its marketing of improperly labeled amplifiers in apparent willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. iV. ordering clauses 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Cellphone-Mate IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for marketing radio frequency devices that are not labeled in accordance with Section 2.925(a)(1) of the Rules, in willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 7. IT
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- for Alpheus's failure to file a timely Notification and a timely Initial Communications Outage Report for a reportable network outage in apparent willful and repeated violation of Section 4.9(f) of the Rules. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Rules, Alpheus Communications, LP is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of sixty thousand dollars ($60,000) for its willful and repeated violations of Section 4.9(f) of the Rules. 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) days of the release date of
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1271A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Huawei possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jiangao Cui, Senior Vice President, Futurewei
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- justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Myers is apparently liable for a forfeiture in the amount of $10,000. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Christopher M. Myers is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1298A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether BroadRiver possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1299A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether B W Telcom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1300A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Comteck of Indiana possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1301A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Communications 1 possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1302A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Craw-Kan possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1303A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether DTC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1304A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether FiberComm possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1305A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Glenwood possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) File No.
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1306A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Hamilton possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1307A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Home Long Distance possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1308A1.html
- response to the Omnibus NAL, each of the companies listed in the Appendix provided evidence that they had, in fact, timely submitted a CPNI certification filing for the 2007 calendar year. Accordingly, we find that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeitures in the Omnibus NAL against the companies in the attached Appendix WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1321A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Qomo possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against Qomo before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER ORDERED that
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1326A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether GlobalNova possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1327A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Horizon possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1328A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether KeyArt possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1329A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether MTC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1330A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NNTC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1331A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Nunn Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1332A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Phillips possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1333A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Pioneer possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1334A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether RTE possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1335A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Prairie Networks possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1336A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Toledo possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1337A1.html
- that our investigation raises no substantial or material questions of fact as to whether Mutual Telephone Company or Vernon Communications possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) File No.
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1338A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether WUE possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1339A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Andina Corporation possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1340A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Answer Fort Smith possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1346A1.html
- a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Blake. Blake has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Dexter Blake IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Account Number and
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1367A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Korea Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1370A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CMOLS possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1371A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tri-State possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1372A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Bingo possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1374A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Advanced Paging possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1375A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Airwaves Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1376A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Axxis Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-138A1.html
- NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation or reduction of the $10,000 forfeiture proposed for these violations. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ayustar Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
- http://transition.fcc.gov/eb/Orders/2010/DA-10-143A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether XIT possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Marjorie Spivak, Esq., counsel for Texas
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1442A1.html
- an ability to pay a forfeiture. We have reviewed LSM Radio's submitted documentation and conclude that the forfeiture should be reduced to $8,500, based on its documented inability to pay the forfeiture amount proposed in the NAL. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, LSM Radio Partners, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand five hundred dollars ($8,500) for violations of Section 11.35(a) and 73.1125(a) of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1444A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Dialaround possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1452A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether River City Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1458A1.html
- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Hearst possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Hearst Stations, Inc., Stephen Hartzell,
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1472A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Western Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1473A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Westside Paging possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1474A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Ray's Electronics possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1475A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Page Plus possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1476A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Mobile Radio possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1477A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Huffman possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1478A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Kotana Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1479A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Teleplex possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1480A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Matthews Answering Service possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1481A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Lancaster Radio possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1482A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Rio Networks possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) File No.
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1484A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether International Satellite Services possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1485A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Westel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1486A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether eKit.com possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1487A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CresComm possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1488A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Alpha Message possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1489A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Clark Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1490A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Bryan 800 possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1491A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Cottonwood Holdings possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1499A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Fones West possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1500A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Janaslani possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1501A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Fluent possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1502A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether The Money Store possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1503A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether The Contact Network possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1504A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Total Communication Systems possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1505A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Basin Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1506A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Telstar possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1507A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Terral Telephone possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1508A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Signal Telecommunications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1511A1.html
- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Kannad possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Kannad, Daniel Brenner, Esq., Hogan
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1524A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether KLM possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) File Nos.
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1526A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Ninetel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1527A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Oratel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1528A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ONS-Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1530A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether David L. English possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1531A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Communications Specialists possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1532A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Flower City possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1533A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether C & C possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1534A1.html
- we conclude that our investigation raises no substantial or material questions of fact as to whether B & C Mobile possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1535A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Relay Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1536A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Aroostook possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://transition.fcc.gov/eb/Orders/2010/DA-10-153A1.html
- FCC rules is unblemished. Based on Gaston College's history of compliance and the circumstances of this case, we find that a reduction of the forfeiture amount on that basis to $8,000 is appropriate. IV. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Section 1.80 of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Gaston College IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 (Eight Thousand Dollars) for its willful and repeated violation of Section 73.3527 of the Commission's rules. 17. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the rules within 30 days of the release
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1568A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Lloyd Hoff possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1569A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Lucky Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1570A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Quick-Tel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1571A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NexGen Integrated Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1572A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Iscom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1573A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Innovative Processing possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1576A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether GlobalPhone possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1577A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether GeoNet possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1578A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Gateway Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1580A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether First Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1581A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Ezequiel Guido possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1582A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Circle Telephone possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1583A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Carolina possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1584A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Allcom Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1592A1.html
- of prior offenses, ability to pay, and other such matters as justice may require. Taking this standard into account, and based upon the facts and circumstances presented here, we find that a forfeiture in the amount of $4,000 is appropriate in this case. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, that Nassau Broadcasting III, L.L. C., licensee of Station WWEG(FM), Myersville, Maryland, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for apparently willfully and repeatedly violating Section 73.1216 of the Commission's rules. 11. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within
- http://transition.fcc.gov/eb/Orders/2010/DA-10-15A1.html
- NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation or reduction of the $10,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jerry and Deborah Stevens ARE LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1648A1.html
- Based on the precedent cited herein and applying the factors set forth in section 503(b)(2)(E) of the Act and section 1.80 of the Rules, we conclude that Turner is apparently liable for a total forfeiture of $16,000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Rules, Turner Broadcasting System, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for apparently willfully violating section 310(d) of the Act and sections 25.119 and 1.948 of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, that
- http://transition.fcc.gov/eb/Orders/2010/DA-10-164A1.html
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CBS possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b)of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-referenced investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. 7. IT IS FURTHER ORDERED that the third-party complaint against CBS before the Bureau related to the above-captioned investigation as of the date of
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1663A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether New Talk possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1671A1.html
- Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Ms. Lubin is apparently liable for a forfeiture in the amount of twenty thousand dollars ($20,000). IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Nounoune Lubin is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violation of Section 301 of the Act. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1679A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether World Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1680A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Global Connect possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1681A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Courtesy Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1682A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether VIP Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1683A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether International Telnet possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1684A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Range Corporation possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1685A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Madera Radio possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1686A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Suncoast possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1687A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tri-Caps possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1688A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TTI Comm possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1706A1.html
- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Nex-Tech possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jeff Wick, Chief Operating Officer, Nex-Tech, Inc.,
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1707A1.html
- Office ("Miami Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Mr. Myers. Mr. Myers has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Christopher M. Myers IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1722A1.html
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaint against the Licensee before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree IS DISMISSED. 8. IT IS FURTHER ORDERED
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1734A2.html
- of material new information not previously disclosed to the Bureau, we conclude that our investigations raise no substantial or material questions of fact as to whether Purple possesses the basic qualifications to hold or obtain a Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau 47 U.S.C. S:S: 154(i). 47 C.F.R. S:S: 0.111, 0.311. (...continued from previous page) (continued....) Federal Communications Commission FCC 10-1734 2 Federal Communications Commission DA 10-1734 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1734A2.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1734A2.doc 3. http://transition.fcc.gov/eb/Orders/2010/DA-10-1734A1.html
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1761A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Audio-Video possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1770A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Teton possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1771A1.html
- we conclude that our investigation raises no substantial or material questions of fact as to whether Mobile Phone of Oklahoma possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1772A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Chapin Long Distance possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1774A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Lunex Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1775A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Maverick Media possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1776A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether McBlue possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1778A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Metro Beeper possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1779A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Milbank Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1781A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Cordova possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1803A1.html
- adjustment is warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that American Taxi is apparently liable for a forfeiture in the amount of $20,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Rules, American Taxi Shuttle and Limo, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violation of section 301 of the Act. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1807A1.html
- the absence of material new evidence relating to this matter, we conclude that our investigations raise no substantial or material questions of fact as to whether Globalstar possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Gregory J. Vogt, Law Offices of Gregory
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1819A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Telecom Argentina possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1821A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Beeper People possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1822A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Texapage possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1823A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Valley Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1824A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether World Communication Center possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1825A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tim Ron Enterprises possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1826A1.html
- we conclude that our investigation raises no substantial or material questions of fact as to whether Radio Communications of Charleston possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1827A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Westar possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1828A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Leflore possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1829A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether X5 Solutions possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1830A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Premiere Communications Systems possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1831A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Lectronics possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1832A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Hello Pager possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1833A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether RCC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1834A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ARN possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1835A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether LaVergne's possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1841A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Keystone Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1842A1.html
- NAL, Amp'd Mobile provided evidence that it did not begin to provide service until January 2006, and therefore was not required to file CPNI certifications for the years prior to 2006. Accordingly, we find that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture in the NAL WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Amp'd Mobile, Inc. to its address of record. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1843A1.html
- opportunity to show, in writing, why no such forfeiture should be imposed. 3. In response to the NAL, Oneida provided evidence that it was in compliance with the Commission's CPNI rules. Accordingly, we find that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture in the NAL WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Oneida County Rural Telephone Co. to its address of record. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1844A1.html
- its apparent violation of the Commission's rules by failing to prepare and maintain a CPNI certification that complies with section 64.2009(e). CTI filed for bankruptcy protection and is no longer active. We therefore find that no forfeiture should be imposed. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture in the NAL WILL NOT BE IMPOSED. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Capital Telecommunications, Inc. to its address of record. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications
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- in writing, why no such forfeiture should be imposed. 3. In response to the NAL, Key provided evidence that it was no longer a Commission licensee when the NAL was issued. Accordingly, we find that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture in the NAL WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Key Communications, LLC d/b/a West Virginia Wireless to its address of record. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild
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- to show, in writing, why no such forfeiture should be imposed. 3. In response to the NAL, Mechanicsville Telephone provided evidence that it was in compliance with the Commission's CPNI rules. Accordingly, we find that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture in the NAL WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Mechanicsville Telephone Company to its address of record. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaint pending before the Enforcement Bureau against the Licensee related to the above-captioned investigation as of the date of this Consent Decree IS DISMISSED. 8. IT
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Peconic possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaint pending before the Enforcement Bureau against Peconic related to the above-captioned investigation as of the date of this Consent Decree IS DISMISSED. 8. IT IS
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- questions of fact as to whether Puerto Rico Telephone Company, Inc., and its parent, America Movil, S.A.B. de C.V., possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class certified mail, return receipt requested, to Michael G. Jones, Esquire, Willkie Farr & Gallagher LLP, 1875
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- 4. In the absence of material new evidence relating to this matter, we conclude there are no substantial or material questions of fact as to whether Callaway possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Callaway Golf Company, Terry Mahn
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- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Telephone Answering Service possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Alaska Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ATL Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CSM Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CTI Long Distance possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- Rules. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Morris is apparently liable for a forfeiture in the amount of fifteen thousand dollars ($15,000). IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Rules, Lloyd Morris is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of section 301 of the Act. 11. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
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- Rules. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Brown is apparently liable for a forfeiture in the amount of fifteen thousand dollars ($15,000). IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Rules, Robert Brown is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of section 301 of the Act. 11. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice of
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- 2007. Accordingly, we find that the companies listed in the Appendix did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeitures issued to the companies in the attached Appendix WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS COMMISSION Kimberly A.
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Easterbrooke Cellular possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ComTech21 possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether North Bell Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Go Solo Technologies possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CloseCall possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether KK Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Midwestern possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Com-Nav possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Cook Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether 01 Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Manchester-Hartland possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Midwest Management possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ProPage possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Standard Electronics possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether VisionTek possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against VisionTek before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER ORDERED that a
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether X2 Comm possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Nova Cellular possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Pete's Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Omnicom Paging possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether North Sight Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Go2tel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether FullTel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1980A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tel Tec possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1981A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tularosa possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1982A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether LTS possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1983A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Magellan possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1984A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether American Page Network possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1985A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Ruddata possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1986A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tele-Beep Paging possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1987A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TRI-M Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-19A1.html
- the statutory factors, and the matters raised by the Licensee in response to the NAL, we affirm the NAL and issue a forfeiture in the amount of $4,000. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80 of the Commission's Rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, that Rejoynetwork, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for repeated and willful violation of Section 73.1206 of the Commission's Rules, 47 C.F.R. S: 73.1206, as described in the paragraphs above and in the NAL. 14. Payment of the forfeiture shall be made in the manner
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2017A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Mountain Paging possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2018A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Dixie-Net possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2019A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Litecall possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2020A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether BendTel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2021A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Biddeford possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2022A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TelNet Worldwide possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2023A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Web Fire possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2024A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Indigo Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2025A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Raycom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2026A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether T/A Apartment Services possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2027A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Shorelink possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2028A1.html
- we conclude that our investigation raises no substantial or material questions of fact as to whether General Dynamics-Satellite Communication Services possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) File
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2030A1.html
- such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80, and the statutory factors to the instant case, we conclude that Vicot Chery is apparently liable for a forfeiture in the amount of $10,000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Rules, Vicot Chery is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act. 10. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) days of the release date of this Notice of Apparent
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2043A1.html
- reduction of the proposed forfeiture is warranted. Accordingly, pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we reduce the forfeiture to $3,500, based on Stone/Collins' inability to pay the proposed forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Stone/Collins Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand five hundred dollars ($3,500) for violations of Sections 73.49 and 73.3526 of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2044A1.html
- reduction of the proposed forfeiture is warranted. Accordingly, pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we reduce the forfeiture to $5,500, based on Rodgson's inability to pay the proposed forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Rodgson, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand five hundred dollars ($5,500) for violations of Sections 11.35, 73.49 and 73.3526 of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2047A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Delta possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class certified mail, return receipt requested, to Alan Tilles, Esquire, Shulman, Rogers, Gandal, Pordy & Ecker, PA,
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2052A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether St. Olaf possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2053A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Outfitter Satellite possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2054A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether A.M.S. Voicecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2055A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Sumrada possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2056A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Huntleigh Telecommunications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2057A1.html
- 227 of the Act and the Commission's related rules and orders, for the reasons set forth in the NAL. III. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Meridian Marketing Group Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government for the sum of $18,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2068A1.html
- our investigation raises no substantial or material questions of fact as to whether Verizon Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S: 154(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111 and 0.311, that the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested,
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2097A1.html
- as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Beacon is apparently liable for a forfeiture in the amount of $18,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Beacon Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for violations of Sections 73.3526(e)(12), 73.1745(a) and 1.903(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2120A1.html
- to the instant case, we conclude that Mapleton is apparently liable for a forfeiture in the amount of $10,000. We caution Mapleton that further violations of the public file rule may meet with even more severe penalties. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Mapleton License of San Luis Obispo, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 73.3526 of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2131A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Advanced possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2135A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Answerphone Services possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2136A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Utility possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2137A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Reserve Telephone possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2138A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Bluegrass possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2139A1.html
- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Shared Data possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to William P. Cook and Robert G.
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2146A1.html
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether PTI Pacifica possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Larry Knecht, Chief Financial Officer, P.O.
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- material new evidence relating to this matter, we conclude that the Bureau's investigations raise no substantial or material questions of fact as to whether PageData and WaveSent possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, Joseph McNeal, Manager, PageData LLC/WaveSent LLC, 6610
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- taken to correct each of the cited violations and preclude recurrence, and specifying when the corrective actions were taken. We caution Mr. Smith that future violations of our rules may subject him to more severe enforcement penalties. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Daniel D. Smith is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of Sections 11.35(a), 17.47, 17.50 and 73.3526 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2173A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether 3U Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2174A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Mobilephone of Humboldt possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2175A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ImOn possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2176A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Professional Answering Service possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2177A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether User Centric possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2181A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Norlight possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to John Chuang, Corporate Counsel, Norlight, Inc., 8829
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2205A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Custom Tel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2206A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Global Tech possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2207A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether HUB Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2208A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Mountain Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2209A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Telegration possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2224A1.html
- that our investigations raise no substantial or material questions of fact as to whether AT&T possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S: 154(i), and the authority delegated by Section 0.111 and 0.311 of the Commission's rules, 47 CFR S:S: 0.111 and 0.311, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned matter IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to AT&T Services,
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- the forfeiture in the amount of $10,000. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, that the petition for reconsideration filed by Ayustar Corporation IS DENIED. 7. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Ayustar Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Act. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2248A1.html
- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Liberty-Bell possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Edward S. Quill, Jr., Strategies Law
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2268A1.html
- liable for a forfeiture in the amount of $10,000. We further order J.M.J. Radio to submit a sworn written statement within 30 days of this NAL that it is now in compliance with the Main Studio Rule. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, J.M.J. Radio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 73.1125(a) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2272A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Parker FiberNet possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2273A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ComputerPro possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2274A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Unitycomm possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2276A1.html
- specific action(s) taken to correct the cited violation and to preclude recurrence, and specifying when the corrective action(s) were taken. We caution Coss that future violations of our rules may subject him to more severe enforcement penalties. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Donald D. Coss is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for apparently willfully and repeatedly violating Section 73.1745(a) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that General Equipment & Supply IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $4,500 for willfully or repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- based upon additional information provided by the companies, we agree that each of the companies listed in the Appendix were not required to file a CPNI certification for calendar year 2007. Consequently, we find that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS COMMISSION Kimberly A.
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether RF Linx possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against RF Linx before the Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER ORDERED
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2303A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether XO possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Steve Nocella, Senior Vice President, Network Services,
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2306A1.html
- to the seriousness and repeated nature of the violations. In addition, we caution Mr. de Almeida that further violations of our rules may be subject to more severe enforcement penalties, including seizure of equipment and criminal sanctions. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Adilson Alves de Almeida IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven hundred fifty dollars ($750) for violations of Section 301 of the Act. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2309A1.html
- apparently violating the junk fax rules. We therefore conclude that the forfeiture proposed in the NAL should not be imposed. IV. ordering clauses 7. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Section 1.80(f)(4) of the Commission's Rules, 47 C.F.R. S: 1.80(f)(4), and under the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, the proposed forfeiture in the amount of $13,500 issued to CyberData, Inc. in the July 18, 2007 Notice of Apparent Liability for Forfeiture for willful and repeated violations of a Commission order WILL NOT BE IMPOSED. 8. IT IS FURTHER ORDERED that a copy of this Order shall be
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2313A1.html
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaint and allegations against the Station and/or the Licensee before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2319A1.html
- require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Good Karma willfully and repeatedly violated Section 73.1216 of the Commission's rules and is apparently liable for a forfeiture in the amount of $4,000. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, that Good Karma Broadcasting, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for apparently willfully and repeatedly violating Section 73.1216 of the Commission's rules. 14. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release of
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2325A1.html
- we conclude that our investigation raises no substantial or material questions of fact as to whether A & W Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2327A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Kelley's Tele-Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2328A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Mobilpage possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://transition.fcc.gov/eb/Orders/2010/DA-10-2338A1.html
- upward adjustment is warranted. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Dollar is apparently liable for a forfeiture in the amount of $12,000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, DTG Operations Inc., d/b/a Dollar Rent-A-Car, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for apparently willfully and repeatedly violating Section 301 of the Act and Section 1.903(a) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of
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- for violations. In the final analysis and based on all the factors and evidence, including the extended period of unauthorized operation and BASF's size and ability to pay a forfeiture, we conclude that a forfeiture of twenty-five thousand dollars ($25,000) is appropriate. IV. ordering clauses 12. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.311 and 1.80 of the Rules, BASF Corporation IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for the willful and repeated violation of section 301 of the Act and section 1.903(a) of the Rules and the willful violation of section 1.949(a) of the Rules. 13. IT IS FURTHER ORDERED that,
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- in the amount of $16,000. Although we exercise discretion in this instance in not imposing a higher forfeiture, we warn the Licensee that future violations of this nature may result in harsher enforcement action, including license revocation proceedings. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, that WSKQ Licensing, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for apparently willfully and repeatedly violating Section 73.1206 of the Commission's rules. 12. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Paxx Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Dunnell possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
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- based upon additional information provided by the companies, we agree that each of the companies listed in the Appendix were not required to file a CPNI certification for calendar year 2007. Consequently, we find that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeitures in the Omnibus NAL against the companies in the attached Appendix WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether MaxCell possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Ken Johnson, Esq., Counsel for Maximum Communications
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- on the record before us, we conclude that our investigations raise no substantial or material questions of fact as to whether Bluegrass possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Ronald R. Smith, President, Bluegrass Cellular,
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Luna Park possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the proposed forfeiture in the Notice of Apparent Liability for Forfeiture issued on January 8, 2010 against Luna Park WILL NOT BE IMPOSED. 7. IT IS FURTHER ORDERED that a copy of this
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- on the record before us, we conclude that our investigation raises no substantial or material questions of fact as to whether Centennial possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to William L. Roughton, Jr., Vice President,
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether New Start possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- of Engineering and Technology's Equipment Authorization Database. 15. In light of the foregoing, we propose a $15,000 forfeiture against Sandhill for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in section 20.19(c)(3)(ii)of the Rules. IV. ORDERING clauses 16. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Sandhill Communications IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willful and repeated violations of section 20.19(c)(3)(ii) of the Rules. 17. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice of
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- the commercial availability of hearing aid-compatible handsets and to assess CT Communications's compliance with the hearing aid compatibility handset requirements during that period. We accordingly direct CT Communications to submit the report within thirty (30) days after the release of this NAL. IV. ORDERING clauses 11. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Champaign Telephone Company d/b/a CT Communications, Inc. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for its failure to file the required hearing aid compatibility status report in apparent willful violation of the requirements set forth in section 20.19(i)(1) of the Rules. 12. IT IS
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- 20.19(c)(3)(ii) of the Rules. 14. We therefore find Indigo Wireless is apparently liable for a total forfeiture of $39,000 for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in section 20.19(c)(3)(ii) of the Rules. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Indigo Wireless, Inc. IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirty-nine thousand dollars ($39,000) for willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice
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- the base forfeiture amount from $15,000 to $19,500 is warranted. We therefore propose a $19,500 forfeiture against Epic Touch for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in section 20.19(c)(3)(ii) of the Rules. IV. ORDERING clauses 15. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Epic Touch Co., Inc. IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand five hundred dollars ($19,500) for willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date
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- Rushmore willfully and repeatedly violated Sections 1.903(a), 1.947(a), 11.35(a), 73.3526, and 74.532(e) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $17,500 is warranted. IV. ORDERING CLAUSES 19. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Mt. Rushmore Broadcasting, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,500 for willfully and repeatedly violating Sections 1.903(a), 1.947(a), 11.35(a), 73.3526, and 74.532(e) of the Rules. 20. IT IS FURTHERED ORDERED THAT, within 30 days of the release of this Order, Mt. Rushmore Broadcasting, Inc., file with the District
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- NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation or reduction of the $13,000 forfeiture proposed for these violations. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Verizon Wireless (VAW) LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Sections 17.4 and 17.21 of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- reduction based on an inability to pay and therefore such request is denied. We do find, however, that a reduction is warranted based on Abacus's history of compliance with the Commission's Rules and we reduce the forfeiture amount on that basis to $3,200. IV. Ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules that Abacus Television IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand two hundred dollars ($3,200) for willful and repeated violation of 47 C.F.R. S: 1.903(a). 7. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- conclude that SDACH willfully and repeatedly violated Sections 1.903(a), 1.903(b), and 11.35(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $15,200 is warranted. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Seventh-Day Adventist Community Health Serv. of Greater NY, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $15,200 for willfully and repeatedly violating Sections 1.903(a), 1.903(b), and 11.35(a). 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- violated Section 73.3526(e)(12) of the Rules, based upon its inability to pay, we conclude that pursuant to Section 503(b) of the Act and the Forfeiture Policy Statement, reduction of the $10,000 forfeiture to $5,000 is warranted. IV. ORDERING CLAUSES 8. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, R-S Broadcasting Company, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for willfully and repeatedly violating Section 73.3526(e)(12) of the Rules. 9. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Account
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- eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. S:S: 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S: 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that the Motion to Withdraw Petition for Temporary Stay IS GRANTED. 5. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. S:S: 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S: 1.1401-1.1418, and the authority delegated
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- We find, however, that a downward adjustment from $8,000 to $6,400 is warranted since the University made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, the University of San Diego IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand four hundred dollars ($6,400) for the willful and repeated violation of Section 301 of the Act and Section 1.903(a) of the Rules and the willful violation of Section 1.949(a) of the Rules. 14.
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- failing to submit an annual compliance certificate, have apparently willfully or repeatedly violated section 64.2009(e) of the Commission's rules. We find each of the Companies apparently liable for a forfeiture of twenty five thousand dollars ($25,000). 9. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, each of the Companies listed in Appendix I of this Order are hereby LIABLE FOR A MONETARY FORFEITURE in the amount of twenty five thousand dollars ($25,000) each for willfully or repeatedly violating section 64.2009(e) of the Commission's rules by failing to submit annual compliance certificates. 10. IT IS FURTHER ORDERED THAT, pursuant to
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- failing to submit an annual compliance certificate, have apparently willfully or repeatedly violated section 64.2009(e) of the Commission's rules. We find each of the Companies apparently liable for a forfeiture of twenty five thousand dollars ($25,000). 9. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, each of the Companies listed in Appendix I of this Order are hereby LIABLE FOR A MONETARY FORFEITURE in the amount of twenty five thousand dollars ($25,000) each for willfully or repeatedly violating section 64.2009(e) of the Commission's rules by failing to submit annual compliance certificates. 10. IT IS FURTHER ORDERED THAT, pursuant to
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- v. Leonard Douglas LaDuron, Criminal Docket No. 2:08CR20055-001-KHV, Judgment (D. Kan. filed and entered Dec. 23, 2009) ("Leonard LaDuron Judgment"). See also United States v. Leonard Douglas "Doug" LaDuron, Criminal Docket No. 2:08CR20055-001-KHV, Indictment, 1-10, 11-14 (D. Kan. filed Apr. 24, 2009 and entered Apr. 25, 2009)(Counts 1 and 3)("LaDuron Indictment"). 47 C.F.R. S: 54.8. See also 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
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- and repeated violation of Section 301 of the Act and Section 1.903(a) of the Rules for apparently operating a radio station on frequency 123.300 MHz without Commission authority. Therefore, Lubbock Aero is apparently liable for a forfeiture in the amount of $10,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Lubbock Aero IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for the willful and repeated violation of Section 301 of the Act and Section 1.903(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days
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- on the record before us, we conclude that our investigation raises no substantial or material questions of fact as to whether Cablevision possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Paul Jamieson, Managing Counsel, Legislative and
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Comtel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by First Class United States Mail to James H. Lister, Esq., Birch Horton Bittner & Cherot, 1155
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Samsung possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Joseph (Joon Kyo) Cheong, Vice President
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- is an appropriate penalty for the violation in this case, and therefore, we find that Birach is apparently liable for a forfeiture in the amount of $7,000 for a violation of Section 73.1125 of the Commission's rules. IV. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Birach Broadcasting Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Section 310(d) of the Act and Section 73.1125 of the Commission's Rules. 17. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, that within
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- is an appropriate penalty for the violation in this case, and therefore, we find that Birach is apparently liable for a forfeiture in the amount of $7,000 for a violation of Section 73.1125 of the Commission's rules. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Birach Broadcasting Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Section 310(d) of the Act and Section 73.1125 of the Commission's Rules. 16. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, that within
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- evidence relating to this matter, we conclude that our investigations raise no substantial or material questions of fact as to whether Univision possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that all investigations regarding possible violations by Univision Radio, Inc. of 47 U.S.C. S:S: 317, 508 and 47 C.F.R. S: 73.1212 being conducted by, or pending before, the Federal Communications Commission ARE TERMINATED, and that any third-party complaints and/or information alleging violations of
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- exemption, we direct Complainants to return Exhibits A-C in accordance with the procedure set forth in section 1.731(e) of the Commission's rules. VI. ORDERING CLAUSES 31. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 201, and 208 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j), 201, and 208, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that the above-captioned complaint IS GRANTED IN PART to the extent described herein and is otherwise DENIED and DISMISSED WITH PREJUDICE, and that this proceeding is TERMINATED. 32. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C.
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- any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the 503(b) factors to the facts and circumstances presented here, we find that a proposed forfeiture in the amount of $4,000 is appropriate in this case. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, that Journal Broadcast Corporation, licensee of Station KJOT(FM), Boise, Idaho, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for apparently willfully and repeatedly violating Section 73.1216 of the Commission's rules. 14. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30)
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- Berlove, Acting Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1477 and by e-mail at Michele.Berlove@fcc.gov. Sincerely, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Marietta Parker, United States Attorney's Office, Department of Justice (via e-mail) Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) 47 C.F.R. S: 54.8(g) (2008). See also 47 C.F.R. S: 0.111(a)(14). Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Leonard Douglas LaDuron, Notice of Suspension and Initiation of Debarment Proceedings, 25 FCC Rcd 142 (Inv. & Hearings Div., Enf. Bur. 2010) (Attachment 1)("Notice of Suspension"). 75 Fed. Reg. 3732 (Jan. 22, 2010). See Notice of Suspension, 25 FCC Rcd at 143-45. See
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Enhanced Vision possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Kamran Siminou, Chief Executive Officer, Enhanced
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaint and allegations against the Station and/or the Licensee before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree
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- United States v. Benjamin Rowner, Criminal Docket No. 1:08-cr-00464-1, Plea Agreement (N.D. Ill. filed July 10, 2008 and entered July 14, 2008) ("Rowner Plea"); United States v. Benjamin Rowner and Jay H. Soled, Criminal Docket No. 1:08-cr-20047-01-02 CM/JPO, Information (D. Kan. filed and entered Apr. 23, 2008) ("Rowner and Soled Information"). 47 C.F.R. S: 54.8; see also 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
- http://transition.fcc.gov/eb/Orders/2010/DA-10-585A1.html
- States v. Jay H. Soled, Criminal Docket No. 1:08-cr-00464-2, Plea Agreement (N.D. Ill. filed July 10, 2008 and entered July 14, 2008) ("Soled Plea"); United States v. Benjamin Rowner and Jay H. Soled, Criminal Docket No. 1:08-cr-20047-01-02 CM/JPO, Information (D. Kan. filed and entered Apr. 23, 2008) ("Rowner and Soled Information"). 47 C.F.R. S: 54.8; see also 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
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- statutory factors to the instant case, we conclude that Connecticut Radio Fellowship, Inc. willfully and repeatedly violated Section 73.3526 of the Commission's rules and is apparently liable for a forfeiture in the amount of one thousand two hundred fifty dollars ($1,250). IV. ORDERING CLAUSES 11. ACCORDINGLY, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, Connecticut Radio Fellowship, Inc., licensee of Station WIHS(FM), Middletown, Connecticut, IS HEREBY NOTIFIED OF ITS APPARENT LIABILITY FOR A FORFEITURE in the amount of one thousand two hundred fifty dollars ($1,250) for willfully and repeatedly violating Sections 73.3526(c)(1) and (e)(5) of the Commission's rules. 12. IT IS FURTHER ORDERED, pursuant to Section 1.80
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Motorola possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Steve Sharkey, Senior Director, Regulatory and
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Airspan possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Eric D. Stonestrom, CEO, President and
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- foregoing facts, we are satisfied that the parties have shown good cause for granting the request to dismiss the complaint. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. S:S: 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S: 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that the Motion to Withdraw IS GRANTED. 5. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. S:S: 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S: 1.1401-1.1418, and the authority delegated in sections 0.111 and
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- the Enforcement Bureau ("Houston Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $18,000 to KFW. KFW has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, KFW Communications LLC dba Almega Cable Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $18,000 for violations of Sections 11.35(a), 17.48, and 17.51(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
- http://transition.fcc.gov/eb/Orders/2010/DA-10-633A1.html
- the Enforcement Bureau ("Houston Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $20,000 to KFW. KFW has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, KFW Communications LLC dba Almega Cable Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for violations of Sections 11.35(a), 17.4(g), 17.48, and 17.51(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
- http://transition.fcc.gov/eb/Orders/2010/DA-10-669A1.html
- its marketing of phone jammers in the United States in apparent willful and repeated violation of the requirements set forth in Section 302(b) of the Act and Section 2.803 of the Rules. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Rules, Phonejammer.com is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty five thousand dollars ($25,000) for its willful and repeated violation of Section 302(b) of the Act and Section 2.803 of the Rules. 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) days of
- http://transition.fcc.gov/eb/Orders/2010/DA-10-685A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaints and allegations against the Station and/or Licensee before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE
- http://transition.fcc.gov/eb/Orders/2010/DA-10-689A1.html
- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Axxcelera possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Axxcelera Broadband Wireless, Inc., Jack
- http://transition.fcc.gov/eb/Orders/2010/DA-10-690A1.html
- Policy Statement, and the matters raised by the WXDJ in response to the NAL, we affirm the NAL and issue a forfeiture in the amount of $16,000. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended , Section 1.80 of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, WXDJ Licensing, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of sixteen thousand dollars ($16,000) for repeated and willful violation of Section 73.1206 of the Commission's rules, as described in the paragraphs above. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's rules,
- http://transition.fcc.gov/eb/Orders/2010/DA-10-692A1.html
- the absence of material new evidence relating to this matter, we conclude that our investigations raise no substantial or material questions of fact as to whether ComSpan possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by certified mail, return receipt requested, to Mr. Jimmy Byrd, Chief Executive Officer, ComSpan Communications Inc., 6405
- http://transition.fcc.gov/eb/Orders/2010/DA-10-756A1.html
- Bureau ("Houston Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Mr. Senat. Mr. Senat has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Balthazard Senat IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
- http://transition.fcc.gov/eb/Orders/2010/DA-10-766A1.html
- 227 of the Act and the Commission's related rules and orders, for the reasons set forth in the NALs. III. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Cost Crunch, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $22,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders. 7.
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- reducing the forfeiture amount, we order HTV to file a report with the Honolulu Office detailing its compliance with Sections 73.1225(a), 73.1125(c) and 73.3526 of the Rules, within 30 days of the date of this Order. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, HTV/HTN/Hawaiian TV Network, Ltd., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $1,000 for willfully and repeatedly violating Sections 73.1225(a), 73.1125(c) and 73.3526 of the Rules. 12. IT IS FURTHERED ORDERED THAT, within 30 days of the release of this Order, HTV/HTN/Hawaiian TV Network, Ltd., file with the Honolulu Resident Agent
- http://transition.fcc.gov/eb/Orders/2010/DA-10-782A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Caribevision is apparently liable for a $12,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Caribevision Station Group, L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Sections 11.35(a) and 74.735(b)(2) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://transition.fcc.gov/eb/Orders/2010/DA-10-783A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Hubbard is apparently liable for a $22,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Hubbard Advertising Agency, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-two thousand dollars ($22,000) for violations of Sections 11.35(a), 73.1745(a) and 73.3526 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://transition.fcc.gov/eb/Orders/2010/DA-10-784A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that World Media is apparently liable for $21,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, World Media Broadcast Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for violations of Sections 11.35(a), 73.1400(a)(1)(ii) and 73.3526 of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
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- matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Telefutura Partnership of Douglas is apparently liable for an $8,000 forfeiture. IV. ORDERING CLAUSES 1. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Telefutura Partnership of Douglas is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Section 11.35 of the Commission's Rules. 2. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
- http://transition.fcc.gov/eb/Orders/2010/DA-10-798A1.html
- of a change in ownership information for antenna structure # 1219542, in violation of Section 17.57 of the Rules. Despite evidence that Burken received the NAL, Burken has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Burken Broadcasting, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for repeatedly violating Section 17.57 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
- http://transition.fcc.gov/eb/Orders/2010/DA-10-799A1.html
- $5,000 to Tropicana for operation of radio transmitters without a license, in violation of Section 301 of the Act. Despite evidence that Tropicana received the NAL, Tropicana has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Tropicana Products, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
- http://transition.fcc.gov/eb/Orders/2010/DA-10-800A1.html
- of a change in ownership information for antenna structure # 1014422, in violation of Section 17.57 of the Rules. Despite evidence that MRBI received the NAL, MRBI has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Multicultural Radio Broadcasting, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for repeatedly violating Section 17.57 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- Commission's Rules and with a valid authorization granted by the Commission, in violation of Section 1.903(a) of the Rules. Despite evidence that Shimmick-Obayashi received the NAL, Shimmick-Obayashi has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Shimmick Construction Company Inc./Obayashi Corporation, Joint Venture, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for repeatedly violating Section 1.903(a) of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- 4. In the absence of material new evidence relating to this matter, we conclude there are no substantial or material questions of fact as to whether Entone possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against Entone before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 7. IT IS FURTHER ORDERED that a
- http://transition.fcc.gov/eb/Orders/2010/DA-10-81A1.html
- for TCT Mobile's apparent willful and repeated failure to file required forms in violation of Section 20.19(i)(1) and $4,000 for its apparent willful failure to respond to a communication from the Commission. IV. ordering clauses 16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Rules, TCT Mobile, Ltd. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for its failure to file required hearing aid compatibility status reports in willful and repeated violation of Section 20.19(i)(1) of the Rules and for its willful violation of a Commission order. 17. IT IS FURTHER
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- a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Rolon. Rolon has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Marixsa Rolon IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Account Number and
- http://transition.fcc.gov/eb/Orders/2010/DA-10-830A1.html
- a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Reid. Reid has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ronald Reid IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Account Number and
- http://transition.fcc.gov/eb/Orders/2010/DA-10-832A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether HBC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Shoreham possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-06-TC-4500 In the
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- Forfeiture Policy Statement. As a result of our review, we reduce the forfeiture associated with the tower lighting violation to $2,000 and reduce the total forfeiture to $4,000 based on ECPI's history of compliance with the rules. IV. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Electronic Corporate Pages, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Sections 17.51 and 17.57 of the Rules. 17. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
- http://transition.fcc.gov/eb/Orders/2010/DA-10-995A1.html
- In carrying out this obligation, a broadcast licensee must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Numerous Commission decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Sections 0.111(a)(16) and 0.311 of the rules. 13. We have previously considered and rejected Fox's arguments concerning our authority to request information concerning stations that aired the January 3, 2010 episode of "American Dad." Commission precedent holding that forfeiture penalties will be assessed only against the licensee of a station in a market in which there was a viewer complaint filed with
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- in the forfeiture amount of $5,000 is warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Hays is apparently liable for a forfeiture in the amount of $15,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Rules, John Hays is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of section 301 of the Act and sections 95.410 and 95.411 of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days
- http://transition.fcc.gov/eb/Orders/2011/DA-11-1002A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CBW possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jouett K. Brenzel, Corporate Counsel, Cincinnati Bell
- http://transition.fcc.gov/eb/Orders/2011/DA-11-101A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NewCom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by both first class and certified mail, return receipt requested, to NewCom International, Inc. at 15590 NW 15th Ave., Miami, FL 33169 and to its counsel, Frank G. Lamancusa,
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- the requisite Commission authorization. Accordingly, pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we conclude that cancellation of the forfeiture is unwarranted and impose a forfeiture in the amount of $20,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, American Taxi Shuttle and Limo, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of section 301 of the Act. 9. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of
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- number of factors including, but not limited to, the number of antenna structures in the array, the duration of the failure to update registration, and the level of difficulty involved in contacting errant antenna structure owners. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and sections 0.111, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Lazer Broadcasting Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for repeatedly violating section 17.57 of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release of this Order. If the
- http://transition.fcc.gov/eb/Orders/2011/DA-11-1052A1.html
- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Smith Bagley possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Smith Bagley, Inc., Todd Slamowitz,
- http://transition.fcc.gov/eb/Orders/2011/DA-11-1054A1.html
- Office ("Miami Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $20,000 to Mr. Bazile. Mr. Bazile has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Marckenson Bazile IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for violations of section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- the investigation. 4. In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact concerning UTC's basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Union Telephone Company, David
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- WLSW is now in compliance with section 73.3526 of the Rules. This statement must be provided to the Enforcement Bureau at the address listed in paragraph 13 within thirty days of the release date of this NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314 and 1.80 of the Commission's Rules, L. Stanley Wall is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of section 73.3526(e)(12)of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date of this
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether DRS Technologies possesses the basic qualifications, including those related to character, to hold or obtain a Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent both by Certified Mail - Return Receipt Requested and by regular mail to Audrey S. Stern, Vice President
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Southwest Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman, Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether LGT possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- be provided to the Houston Office at the address listed in paragraph 16 within thirty days of the release date of this NAL. Failure to comply with this requirement could subject the licensee to additional enforcement actions. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, Vision Latina Broadcasting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of sections 73.1125 and 73.3526 of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release
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- of material new evidence relating to this matter, we conclude that the Bureau's investigation raises no substantial or material questions of fact as to whether Compass Global possesses the basic qualifications, including those related to character, to hold or obtain a Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by Certified Mail - Return Receipt Requested to counsel for Compass, Inc., d/b/a Compass Global, Inc., Jonathan
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- why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by the companies, we agree that no forfeiture penalties should be imposed on each of the companies listed in the Appendix. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS COMMISSION Richard A.
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against Catamount before the Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER ORDERED
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against Chico before the Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER ORDERED
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CCI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Public Service Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- by failing to provide the required sponsorship identification announcement for the VNR material used in the Station's June 19, 2006, broadcast. We conclude that Fox is liable for a forfeiture in the amount of four thousand dollars ($4,000). IV. ORDERING CLAUSES 20. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, that Fox Television Stations, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for its willful violation of section 317 of the Communications Act of 1934, as amended, and section 73.1212 of the Commission's rules. 21. IT IS FURTHER ORDERED, that payment of the forfeiture shall
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- Office ("Miami Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Mr. Robinson. Mr. Robinson has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Antonio Robinson IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- $8,000 is appropriate for each one of the eight separate domestic substantial transfers of control without prior Commission approval. Based on the facts and circumstances presented, we conclude that a proposed forfeiture of $8,000 against each of the ATMS Subsidiaries is warranted. IV. ORDERING CLAUSES 7. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.311, 0.314 and 1.80 of the Rules, BLC Acquisition Group, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for apparently willfully or repeatedly violating section 214(a) of the Act and sections 63.03 and 63.04 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to section 503(b) of the
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ReconRobotics possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class and certified mail, return receipt requested, to counsel for ReconRobotics, Inc., Mitchell Lazarus, Fletcher, Heald
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- complete public inspection file is available at Station WGTM(AM)'s main studio. This statement must be provided to the Norfolk Office at the address listed in paragraph 16 within thirty days after the release date of this NAL. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's Rules, Spirit Broadcasting, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of sections 11.35, 73.49, and 73.3526 of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Toly Digital possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Advance Business Integration possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Call-O-Call possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- $5,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED, pursuant to section 405 of the Communications Act of 1934, as amended, and section 1.106 of the Rules, that the Petition for Reconsideration filed by Christopher M. Myers IS GRANTED IN PART AND DENIED IN PART. 12. IT IS ALSO ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Christopher M. Myers IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for violations of section 301 of the Act. 13. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release of this Memorandum Opinion
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether AccessCom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- Policy Statement. As a result of our review, we conclude that Mr. Alleyne and Ms. White willfully and repeatedly violated section 301 of the Act and that the $10,000 forfeiture proposed in the NAL is warranted. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Andre Alleyne and Jessie White ARE JOINTLY AND SEVERALLY LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating section 301 of the Act. 14. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the
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- imposed. The good faith compliance measures described above, the unusual circumstances preventing construction, and the appointment of a receiver are all relevant to our consideration of any forfeiture, and in this case to our determination to impose no forfeiture penalty. 6. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to Spirit of Alaska Broadcasting, Inc., in the above captioned proceeding WILL NOT BE IMPOSED. 7. IT IS FURTHER ORDERED that a copy of this Order shall be sent both by First Class Mail and Certified Mail Return Receipt Requested to Spirit of Alaska Broadcasting, Inc., at
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- Upon review of the record and based upon additional information provided by RAMCO, we are persuaded that RAMCO did not own the antenna structure during the violations cited in the NAL and agree that no forfeiture penalty should be imposed. 4. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Rules, the proposed forfeiture issued to RAMCO Broadband Services WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to RAMCO Broadband Services at 726 US Highway 202 Suite 320-119, Bridgewater, NJ 08807-2737. FEDERAL COMMUNICATIONS
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- Communications was granted an opportunity to show, in writing, why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by Dezco Communications, we agree that no forfeiture penalty should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to Dezco Communications WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Dezco Communications, Inc., Attn. Ronald F. Zeiler, President, 13506 S. Kenton St., Crestwood, IL 60445. FEDERAL COMMUNICATIONS
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- was granted an opportunity to show, in writing, why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by Galaxy Internet Services, we agree that no forfeiture penalty should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to Galaxy Internet Services WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Galaxy Internet Services, Attn. Robert Carp, President, 188 Needham St., Suite 110R, Newton, MA 02464. FEDERAL
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- Office ("Miami Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $22,000 to Ms. Smith. Ms. Smith has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Judith V. Smith IS LIABLE FOR A MONETARY FORFEITURE in the amount of $22,000 for violations of sections 301 and 303(n) of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release of this Order.
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- Department of Justice (via e-mail) Stephanie Toussaint, Antitrust Division, United States Department of Justice (via e-mail) Any further reference in this letter to "your conviction" refers to your conviction of count one in Case No. 10-324-L. United States v. Barrett C. White, Criminal Docket No. 10-324-L, Judgment (E.D.LA. filed June 9, 2011) ("Judgment"). 47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
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- other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that HK Media is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, HK Media, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 73.3526 of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date of
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- and the Commission's Rules. This statement must be provided to the Enforcement Bureau at the address listed in paragraph 23 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture and Order. IV. ORDERING CLAUSES 18. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Commission's Rules, Rapidwave, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for apparently willfully and repeatedly violating sections 301 and 302(b) of the Act, and sections 15.1(b) and 15.1(c) of the Rules. 19. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the
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- the statutory factors to the instant case, we therefore conclude that Sling is apparently liable for a forfeiture of $20,000 for unlicensed operation in violation of section 301 of the Act and section 15.1(b) of the Rules. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, Sling Broadband, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of section 301 of the Act and section 15.1(b). 16. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the release
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- transmitter is operating. This statement must be provided to the San Juan Office at the address listed in paragraph 20 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture and Order. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Ayustar Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of sections 301, and 302(b) of the Act and sections 15.1(b) and 15.1(c) of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules,
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- the Commission's Rules. This statement must be provided to the Kansas City Office at the address listed in paragraph 17 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture and Order. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, Insight Consulting Group of Kansas City, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violations of section 301 of the Act and section 15.1(b) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's
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- Office ("Miami Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Mr. Rhodd. Mr. Rhodd has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Mikhail Rhodd IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- is attached hereto and incorporated herein by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation without imposing a forfeiture. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111, 0.204, 0.311, and 0.314 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED without imposing a forfeiture. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class and certified mail, return receipt requested, to Mr.
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- material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Companies possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Act, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-referenced investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class certified mail, return receipt requested, to counsel for the Companies, Timothy J. Cooney, Esq.,
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Alpheus possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture issued by the Bureau against Alpheus on July 6, 2010 IS CANCELLED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
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- Office ("Atlanta Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $12,000 to Miller Communications. Miller Communications has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Miller Communications, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,000 for violations of section 303(q) of the Act and sections 17.47(a) and 17.51(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days
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- Department of Justice (via email) Marvin Opotowsky, Antitrust Division, United States Department of Justice (via email) Any further reference in this letter to "your conviction" refers to your conviction in United States v. Tyrone D. Pipkin, Criminal Docket Nos. 10-325 and 11-15 "A", Judgment (E.D.LA. filed June 21, 2011) ("Tyrone Pipkin Judgment"). See 47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
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- material new evidence relating to this matter, we conclude that the Bureau's investigation raises no substantial or material questions of fact as to whether STi and Progress possess the basic qualifications, including those related to character, to hold or obtain a Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by Certified Mail - Return Receipt Requested to counsel for STi Telecom Inc. and Progress International, LLC,
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- Office ("Tampa Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Mr. Ford. Mr. Ford has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Patrick Michael Ford, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release of this Order. If
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether New Bridge possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- Class B digital audio RF device without the mandatory disclosures to consumers in the device's user manual in apparent willful and repeated violation of section 302(b) of the Act and sections 2.803(a)(2) and 15.105(b) of the Rules. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80 of the Commission's rules, Marshall Amplification PLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand two hundred dollars ($7,200) for marketing a Class B digital audio radio frequency device without including the requisite consumer disclosure language in the device's user manual in apparent willful and repeated violation of section
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ValuTel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- the combined base forfeiture of $17,000 is warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Gutierrez is apparently liable for a $25,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314, and 1.80 of the Rules, Estevan J. Gutierrez is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violation of sections 301 and 333 of the Act. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days of the release date of
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- of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NUI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Act, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-referenced investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class certified mail, return receipt requested, to Michael Landreth, Chief Financial Officer, BroadRiver Communication Corporation,
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Saving Call possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.:
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- Therefore, based on all the factors and evidence, including the extended period of unauthorized operation and Northeast Utilities' ability to pay a forfeiture, we find that an upward adjustment of the base forfeiture is warranted. Accordingly, we propose a forfeiture of $19,000. iv ordering clauses 10. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.311, and 1.80 of the Rules, Northeast Utilities Service Company IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand dollars ($19,000) for the willful and repeated violation of section 301 of the Act and section 1.903(a) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within
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- why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by the companies, we agree that no forfeiture penalties should be imposed on each of the companies listed in the Appendix. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS COMMISSION Richard A.
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Telebeep possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- ongoing safety hazard to air traffic control. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Power is apparently liable for a forfeiture of $12,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, Power Ministries is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of section 73.1660(a)(2) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release date of this
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- prior forfeitures or violations. 11. For these reasons, pursuant to section 503(b) of the Act, and in conjunction with the Forfeiture Policy Statement, we conclude that cancellation or reduction of the proposed $14,000 forfeiture is not warranted. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Crocodile Broadcasting Corp., Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violations of sections 73.1745(a) and 73.3526 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- ordering clauses 7. Accordingly, IT IS ORDERED that, pursuant to section 405 of the Communications Act of 1934, as amended, and section 1.106 of the Rules, that the Petition for Reconsideration filed by Mt. Rushmore Broadcasting, Inc., IS DENIED and the Forfeiture Order IS AFFIRMED. 8. IT IS ALSO ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Mt. Rushmore Broadcasting, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of seventeen thousand, five hundred dollars ($17,500) for violations of sections 1.903(a), 1.947(a), 11.35(a), 73.3526, and 74.532(e) of the Commission's rules. 9. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Accutel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.:
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Revolution Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter
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- has not received a prior violation during its thirteen-year history. We have examined the record and agree. Accordingly, we further reduce the total forfeiture from $12,500 to $10,000 based on Taylor's history of compliance with the Rules. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Taylor Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of sections 17.48(a) and 73.3526 of the Commission's rules. 12. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of
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- international telecommunications services [is] egregious." Given these considerations and consistent with precedent, we conclude that a forfeiture of $100,000 is warranted for FTTH's apparent willful and repeated failure to obtain section 214 authority from the Commission prior to providing international telecommunications service. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.311, 0.314 and 1.80 of the Rules, FTTH Communications LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of one hundred thousand dollars ($100,000) for apparently willfully and repeatedly violating section 214(a) of the Act and section 63.18 and 63.04 of the Rules. 12. Payment of the forfeiture must be made by check or similar
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- resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources by the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, and 1.1401-1.1418, that the Motion is GRANTED, and that the Complaint IS DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Joint Motion For Dismissal With Prejudice, File No. EB-11-MD-007 (filed August 16, 2011) ("Motion"). Complaint, File No. EB-11-MD-007 (filed June 15, 2011)
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- has been installed for the Meriden and Jefferson cable systems. This statement must be provided to the Kansas City Office at the address listed in paragraph 16 within thirty days of the release date of this NAL. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, SCI Cable Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE AND ORDER in the amount of thirteen thousand dollars ($13,000) for violations of sections 11.35 and 76.1803 of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of
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- has been installed for the Perry and Lecompton cable systems. This statement must be provided to the Kansas City Office at the address listed in paragraph 15 within thirty days of the release date of this NAL. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, SCI Cable Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE AND ORDER in the amount of thirteen thousand dollars ($13,000) for violations of sections 11.35 and 76.1803 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of
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- operational EAS equipment has been installed for the Pottawatomie system. This statement must be provided to the Kansas City Office at the address listed in paragraph 16 within thirty days of the release date of this NAL. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, SCI Cable Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE AND ORDER in the amount of thirteen thousand dollars ($13,000) for violations of sections 11.35 and 76.1803 of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Crossfire possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.:
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- Bureau's Miami Office ("Miami Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $20,000 to Sling. Sling has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Sling Broadband, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for violations of section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release of this Order. If the
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- best indicator of an ability to pay a forfeiture. Having reviewed Mr. Lindor's submitted documentation, we conclude that the forfeiture should be reduced to $300, an amount within the range determined by the Bureau to be affordable. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Fritzner Lindor IS LIABLE FOR A MONETARY FORFEITURE in the amount of three hundred dollars ($300) for violations of section 301 of the Act. 7. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release of this
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- of $5,000. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Lebron is apparently liable for a total forfeiture in the amount of $15,000. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Eleuterio Lebron is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of section 301 of the Act. 7. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the release date of this
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- best indicator of an ability to pay a forfeiture. Having reviewed Mr. Hays's submitted documentation, we conclude that the forfeiture should be reduced to $450, an amount within the range determined by the Bureau to be affordable. IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, John Hays IS LIABLE FOR A MONETARY FORFEITURE in the amount of four hundred fifty dollars ($450) for violations of section 301 of the Communications Act of 1934, as amended, and sections 95.410 and 95.411of the Commission's rules. 6. Payment of the forfeiture shall be made in the manner provided for
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- apparent willful and repeated violation of section 301 of the Act and sections 1.903(a) and 95.3 of the Rules for apparently operating a GMRS system without Commission authority. Therefore, Scottsdale Lexus is apparently liable for a forfeiture in the amount of $10,000. III. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.311 and 1.80 of the Rules, Scottsdale Lexus IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for the willful and repeated violation of section 301 of the Act and sections 1.903(a) and 95.3 of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within
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- the Act and section 64.1200(a)(3) of the Commission's rules for the reasons set forth in the NAL and herein. IV. ordering clauses 8. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Western Aviation, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $4,500 for willfully violating section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), and section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3). 9. Payment of the forfeiture
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- we have evidence that Perka received the letter, we have not received a response. We therefore have no basis for assessing Perka's financial situation and find that a forfeiture in the amount of $17,000 is warranted. IV. ORDERING CLAUSES 6. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, David Edward Perka, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully and repeatedly violating section 301 of the Act and willfully violating section 333 of the Act. 7. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Airadigm possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class certified mail, return receipt requested, to Linda J. Springer, Director of Finance and Accounting,
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Multi Voice possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NTS possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.:
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Hauppauge possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture issued by the Commission against Hauppauge on April 15, 2009 IS CANCELLED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall
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- all the factors and evidence, including the duration of the deployment violation, we propose a $19,500 forfeiture against Pace for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in section 20.19(d)(3)(ii) of the Rules. IV. ORDERING CLAUSES 1. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Pace IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand five hundred dollars ($19,500) for apparent willful and repeated violation of section 20.19(d)(3)(ii) of the Rules. 2. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this
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- George Island system in compliance with section 76.1801 of the Rules. This statement must be provided to the Tampa Office at the address listed in paragraph 17 within thirty days after the release date of this NAL. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, St. George Cable, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violation of sections 11.35(a), 76.605(a)(12), 76.611(a), and 76.1801 of the Commission's Rules. 14. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within thirty
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- clauses 9. Accordingly, IT IS ORDERED that, pursuant to section 405 of the Communications Act of 1934, as amended, and section 1.106 of the Commission's rules ("Rules"), that the Petition for Reconsideration filed by Steven A. Skalecki IS DENIED and the Forfeiture Order IS AFFIRMED. 10. IT IS ALSO ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Steven A. Skalecki IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act. 11. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within thirty (30) days of the release of this Memorandum
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NobelTel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for NobelTel, LLC, Joan M. Griffin,
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Lyca Tel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- the succeeding calendar quarter. This statement must be provided to the Chicago Office at the address listed in paragraph 12 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture and Order. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314 and 1.80 of the Commission's Rules, Meade County Communications, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 73.3526(e)(12) of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date
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- an opportunity to show, in writing, why no such forfeiture should be imposed. 4. Upon review of the record, and based upon additional information provided by Blue Casa, we agree that no forfeiture penalties should be imposed on Blue Casa. 5. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeitures issued to Blue Casa Communications, Inc. WILL NOT BE IMPOSED. 6. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Katherine Barker Marshall, Attorney, Arent Fox LLP, Attorneys at Law, 1050 Connecticut Avenue, N.W., Washington,
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- may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Upper Peninsula is apparently liable for a total forfeiture in the amount of $8,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314 and 1.80 of the Commission's rules, Upper Peninsula Communications Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of section 11.35(a) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the release date
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- such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Davis is apparently liable for a forfeiture of $10,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314, and 1.80 of the Commission's rules, Neal Davis is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules, within thirty (30) days of the release date of
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- serve the public interest by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 151, 154(i), 154(j), and 224, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111 and 0.311, that the Motion IS GRANTED, that the captioned proceeding IS DISMISSED WITH PREJUDICE, and that the captioned proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. S: 224. Complaint, File No. EB-11-MD-004 (filed Mar. 16, 2011) ("Complaint"). NewPath Network's
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- best indicator of an ability to pay a forfeiture. Having reviewed Mr. Morey's submitted documentation, we conclude that the forfeiture should be reduced to $250, an amount within the range determined by the Bureau to be affordable. IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Thomas L. Morey IS LIABLE FOR A MONETARY FORFEITURE in the amount of two hundred fifty dollars ($250) for violations of section 301 of the Act. 6. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release
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- Qwest does not contend that AT&T's submission fails to adequately address the issues raised in that Petition. Accordingly, we dismiss the Qwest Petition to Accept Filing. IV. ordering clauses 11. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 208, and 405 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j), 208, and 405, and sections 0.111, 0.311, and 1.106 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, and 1.106, that the Petition for Reconsideration or Clarification of Aventure Communication Technology, L.L.C. IS DISMISSED. 12. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j), and 208, and sections 0.111, 0.311, and
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- Jennifer M. Dixton, Antitrust Division, United States Department of Justice (via email) Meagan D. Johnson, Antitrust Division, United States Department of Justice (via email) Any further reference in this letter to "your conviction" refers to your conviction in United States v. Jeremy R. Sheets, Criminal Docket No. 1:10-cr-380-1, Judgment (W.D. Mi. 2011) ("Judgment"). 47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
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- authorization. Accordingly, pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we conclude that cancellation or reduction of the forfeiture is unwarranted and we impose a forfeiture in the amount of $4,000. III. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Clarion County Broadcasting Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for violations of section 73.1745(a) of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release
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- IT IS ORDERED that, pursuant to section 405 of the Communications Act of 1934, as amended, and section 1.106 of the Commission's rules, that the Petition for Reconsideration filed by Paisa 2 Car and Limousine Service, Inc. IS GRANTED IN PART AND DENIED IN PART. 8. IT IS ALSO ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, Paisa 2 Car and Limousine Service, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five hundred dollars ($500) for violations of section 1.903(a) of the rules. 9. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the rules within thirty (30) days of
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- amount does not exceed Mr. Fleurinor's average gross revenues for the years covered by the financial documents. We do, however, find sufficient basis to reduce the forfeiture to $500 based on the financial documentation Mr. Fleurinor submitted. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Whisler Fleurinor IS LIABLE FOR A MONETARY FORFEITURE in the amount of five hundred dollars ($500) for violations of section 301 of the Act. 7. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within thirty (30) calendar days of the release
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- other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that P&Y Broadcasting is apparently liable for a $3,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, P&Y Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violation of section 17.57 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the release date of
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- total forfeiture of $20,000 for See Through Windows's willful and repeated violation of section 64.1200(c)(2) of the Commission's rules. III. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that See Through Windows & Doors LLC IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $20,000 for willfully and repeatedly violating section 64.1200(c)(2) of the Commission's rules, 47 C.F.R. S: 64.1200(c)(2). 6. Payment of the forfeiture shall be made in the manner provided
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- forfeiture amount of $5,000 is warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Criteser is apparently liable for a forfeiture of $15,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, John E. Criteser, Jr. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of section 301 of the Act. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty (30) days of the release
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- the Rules. This statement must be provided to the Detroit Office at the address listed in paragraph 15, infra, within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture and Order. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314, and 1.80 of the Commission's Rules, R.J.'s Late Night Entertainment Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE AND ORDER in the amount of twenty-two thousand dollars ($22,000) for violations of sections 11.35(a), 73.1690(b)(2), and 73.3527(b)(1) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within
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- that neither reduction nor cancellation of the proposed $10,000 forfeiture is warranted. Therefore, we affirm the NAL's finding that Roberts willfully and repeated violated section 301 of the Act, and assess a $10,000 forfeiture for that violation. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Daniel K. Roberts a/k/a "Monkey Man" a/k/a "Monkey" IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating section 301 of the Act. 14. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of
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- these companies was granted an opportunity to show, in writing, why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by the companies, we find that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix FEDERAL COMMUNICATIONS COMMISSION Richard A.
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- Act, Intercel was granted an opportunity to show, in writing, why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by Intercel, we agree that no forfeiture penalty should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to Intercel WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Intercel Telecoms Group, Inc., Attn. Joseph Gatt, CEO, 3914 Centreville Rd., Suite 200, Chantilly, VA 20151. FEDERAL COMMUNICATIONS
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- such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Cernogg is apparently liable for a forfeiture of $10,000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314, and 1.80 of the Commission's rules, Willis Cernogg, Jr. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act. 10. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules, within thirty (30) days of the release date
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- of the Act, and section 64.1200(a)(3) of the Commission's rules, as set forth in the NALs and herein. IV. ordering clauses 13. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that American Medical Services IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $9,000 for willfully and repeatedly violating section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), and section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3). 14. Payment of
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- is decreasing power after sunset as specified in its station authorization. This statement must be provided to the Houston Office at the address listed in paragraph 11 within thirty days of the release date of this NAL. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Aleluya Christian Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of sections 73.1745(a) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the release date
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- upward adjustment of $2,000 is warranted. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Bold Gold is apparently liable for a forfeiture in the amount of $10,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Bold Gold Media Group is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 11.35(a) of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
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- provided no documentation of its finances with its NAL Response. Accordingly, we are unable to determine whether a reduction based on inability to pay is warranted and find no basis to reduce the proposed forfeiture of $21,000. III. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Consolidated Radio, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for violations of 73.1125, 73.1745(a), and 73.3526 of the Rules. 7. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Clon possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- regarding the Antenna Structure's faded paint and the unlocked gates, the apparent violations continued, demonstrating a deliberate disregard for the Rules. We therefore conclude that Equity is apparently liable for a forfeiture in the amount of $20,000. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, Equity Communications LP is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violation of sections 17.50(a) and 73.49 of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the release date
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- Rules signed under penalty of perjury by an officer or director of CRNI within thirty (30) days of the release date of this NAL that Station KPIO is now in compliance with section 73.1745(a) of the Rules. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's Rules, Catholic Radio Network, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of section 73.1745(a) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within thirty (30) days of the release
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- potentially significant impact on consumers with hearing loss, we propose a forfeiture of $100,000 against Keystone Wireless for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in sections 20.19(c)(3)(ii) and 20.19(d)(3)(ii) of the Rules. IV. ORDERING clauses 15. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Keystone Wireless, LLC d.b.a. Immix Wireless IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of one hundred thousand dollars ($100,000) for apparent willful and repeated violation of section 20.19(c)(3)(ii) and (d)(3)(ii) of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days
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- an upward adjustment is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that South Bay Aviation is apparently liable for a forfeiture in the amount of $12,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, South Bay Aviation, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for apparently willfully and repeatedly violating Section 301 of the Act and Section 1.903(a) of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's
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- potentially significant impact on consumers with hearing loss, we propose a forfeiture of $82,500 against Chariton Valley for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in sections 20.19(c)(3)(ii) and 20.19(d)(3)(ii) of the Rules. IV. ORDERING clauses 15. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Missouri RSA 5 Partnership d/b/a Chariton Valley Wireless Services IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eighty two thousand five hundred dollars ($82,500) for apparent willful and repeated violation of section 20.19(c)(3)(ii) and 20.19(d)(3)(ii) of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to section 1.80 of
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- Bureau's Norfolk Office ("Norfolk Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $25,000 to Spirit. Spirit has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Spirit Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $25,000 for violations of sections 11.35, 73.49, and 73.3526 of the Commission's rules. 4. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release of
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- additional enforcement action. Finally, we direct Andrews Tower to notify the Dallas Office when the Tower is dismantled at Federal Communications Commission, Enforcement Bureau, South Central Region, Dallas Office, 9330 LBJ Freeway, Suite 1170, Dallas, Texas, 75243. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Andrews Tower Rental, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand seven hundred fifty dollars ($3,750) for violations of sections 303(q) of the Act and section 17.51(a) of the Rules. 9. IT IS FURTHER ORDERED that Andrews Tower Rental, Inc. SHALL SUBMIT a statement as described
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- This statement must be provided to the Tampa Office at the address listed in paragraph 12 within thirty (30) calendar days of the release date of this NAL. Failure to comply with this requirement could subject the licensee to additional enforcement action. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Rules, Michael W. Perry is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE AND ORDER in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act and sections 95.409 and 95.411 of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules,
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether OTZ possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Carl Weisner, Operations Manager, and Susan
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- direct Cricket to take all necessary and appropriate steps to ensure compliance going forward. We caution Cricket to exercise greater diligence in the future, and we emphasize the importance of accuracy and completeness in the application process. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Commission's Rules, Cricket Communications, Inc. IS hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for providing incorrect material factual information to the Commission without a reasonable basis for believing that the information was correct and accurate in apparent willful violation of section 1.17(a)(2) of the Rules.
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Royal Phone possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- these companies was granted an opportunity to show, in writing, why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by Unintec, we agree that no forfeiture penalty should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to Unitec WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Unitec Hospitality Service, Attn: Walter E. Bader, President, 122 Sherman Street, Denver, CO 80209. FEDERAL COMMUNICATIONS COMMISSION Richard
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- why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by the companies, we agree that no forfeiture penalties should be imposed on each of the companies listed in the Appendix. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS COMMISSION Richard A.
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Franz possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CyberNet possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Davidson possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Central Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether International Access possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- of $14,000 for marketing two models of unauthorized video assist transmitters manufactured by CIT, model Modulus 3000 and model Modulus 5000, in violation of section 302(b) of the Act and sections 2.803(a)(1) and 74.851(f) of the Rules. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314 and 1.80 of the Commission's rules, Custom Interface Technologies, a Division of Thornstar Corporation, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for marketing two models of uncertified wireless video assist transmitters in willful and repeated violations of section 302(b) of the Act and sections 2.803(a)(1) and
- http://transition.fcc.gov/eb/Orders/2011/DA-11-1912A1.html
- Service Administrative Company (via e-mail) Rashann Duvall, Universal Service Administrative Company (via email) Stephanie L. Haines, United States Attorney's Office, Western Pennsylvania (via email) Any further reference in this letter to "your conviction" refers to your conviction in United States v. Dennis L. Bruno, Criminal Docket No. 11-15 J, Information (W.D. Pa. 2011). 47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
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- justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mullen is apparently liable for a total forfeiture in the amount of $13,000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Timothy J. Mullen is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of section 303(q) of the Act, and sections 17.51(a), 17.48, and 17.57 of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's
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- Office (Tampa Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $25,000 to St. George. St. George has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, St. George Cable, Inc. LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $25,000 for violations of sections 11.35(a), 76.605(a)(12), 76.611(a) and 76.1801 of the Commission's rules. 4. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within thirty (30) calendar
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- Theresa Z. Cavanaugh Acting Chief Investigations and Hearings Division Enforcement Bureau cc: Johnnay Schrieber, Universal Service Administrative Company (via e-mail) Rashann Duvall, Universal Service Administrative Company (via email) Juan Rodriguez, Antitrust Division, United States Department of Justice (via e-mail) Stephanie Toussaint, Antitrust Division, United States Department of Justice (via e-mail) 47 C.F.R. S: 54.8(g) (2010). See also 47 C.F.R. S: 0.111 (delegating authority to the Enforcement Bureau to resolve universal service suspension and debarment proceedings). Letter from Theresa Z. Cavanaugh, Acting Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission to Mr. Barrett C. White, Notice of Suspension and Initiation of Debarment Proceedings, 26 FCC Rcd 10526 (Inv. & Hearings Div., Enf. Bur. 2011) (Attachment 1). An Erratum was published
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- material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tricom USA possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act, and Sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-referenced investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Judith D. O'Neill, Chief Executive Officer,
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Sprint possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Michael B. Fingerhut, Director, Government Affairs, Sprint
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- these companies was granted an opportunity to show, in writing, why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by the companies, we find that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix FEDERAL COMMUNICATIONS COMMISSION Richard A.
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Carrier Coach possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Allen H. Miller, President, Carrier Coach Inc.,
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Cross Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to John Chris Ruhl, General Manager, Wireless,
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- Office (Miami Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $15,000 to Mr. Criteser. Mr. Criteser has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, John E. Criteser, Jr. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $15,000 for violations of section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within thirty (30) calendar days of the release of this
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- Office (Miami Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $10,000 to Mr. Davis. Mr. Davis has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Neal Davis IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within thirty (30) calendar days of the release of this Order. If
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- Rules signed under penalty of perjury by an officer or director of MMG within thirty (30) days of the release date of this NAL that Station KRDD(AM) is now in compliance with section 11.35 of the Rules. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's Rules, Media Mining Group, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE AND ORDER in the amount of eight thousand dollars ($8,000) for violation of section 11.35 of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NationsLine North possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NationsLine Delaware possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Atlantic Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Rio Tinto and Alcan possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Rio Tinto and Alcan, Catherine
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NationsLine DC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter
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- The Commission's Forfeiture Policy Statement and implementing rules prescribe a base forfeiture of $8,000 for each separate unauthorized substantial transfer of control. Based on the facts and circumstances presented, we conclude that a proposed forfeiture of $8,000 against Windstream Iowa is warranted. IV. ORDERING CLAUSES 8. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, 0.314 and 1.80 of the rules, Windstream Iowa Communications, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $8,000 for apparently willfully or repeatedly violating Section 214 of the Act and Sections 63.03 and 63.04 of the rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the rules, within thirty
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NationsLine Virginia possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- Theresa Z. Cavanaugh Acting Chief Investigations and Hearings Division Enforcement Bureau cc: Johnnay Schrieber, Universal Service Administrative Company (via e-mail) Rashann Duvall, Universal Service Administrative Company (via email) Juan Rodriguez, Antitrust Division, United States Department of Justice (via e-mail) Marvin Opotowsky, Antitrust Division, United States Department of Justice (via e-mail) 47 C.F.R. S: 54.8(g) (2010). See also 47 C.F.R. S: 0.111 (delegating authority to the Enforcement Bureau to resolve universal service suspension and debarment proceedings). Letter from Theresa Z. Cavanaugh, Acting Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission to Tyrone D. Pipkin, Notice of Suspension and Initiation of Debarment Proceeding, DA 11-1424, 26 FCC Rcd 11389 (Inv. & Hearings Div., Enf. Bur. 2011). 76 Fed. Reg. 54768 (Sept.
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NationsLine possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- and the potentially significant impact on consumers with hearing loss, we propose a forfeiture of $39,000 against North Central for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in section 20.19(d)(3)(ii) of the Rules. IV. ORDERING clauses 13. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, North Central Wireless LC d/b/a i wireless IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirty-nine thousand dollars ($39,000) for apparent willful and repeated violation of section 20.19(d)(3)(ii) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days
- http://transition.fcc.gov/eb/Orders/2011/DA-11-2035A1.html
- Rules. 14. We therefore find that Affordable Phone is apparently liable for a total forfeiture of $30,000 for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in sections 20.19(c)(3)(ii) and 20.19(d)(3)(ii) of the Rules. IV. ORDERING clauses 15. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Affordable Phone Services, Inc. IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirty thousand dollars ($30,000) for apparent willful and repeated violation of sections 20.19(c)(3)(ii) and 20.19(d)(3)(ii) of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after
- http://transition.fcc.gov/eb/Orders/2011/DA-11-2042A1.html
- of the facts and circumstances of this case, we admonish Airadigm for its failure to offer to consumers the requisite number or percentage of handset models with a minimum M3 rating in April 2010, in violation of section 20.19(c)(3)(ii) of the Rules. IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Airadigm Communications, Inc. dba Airfire Wireless IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirty thousand dollars ($30,000) for apparent willful and repeated violation of section 20.19(d)(3)(ii) of the Rules. 6. IT IS FURTHER ORDERED that Airadigm Communications, Inc. dba Airfire Wireless IS ADMONISHED for its violation of section
- http://transition.fcc.gov/eb/Orders/2011/DA-11-2060A1.html
- 503(b)(6) of the Act, we find that Caprock is apparently liable for a forfeiture of $15,000 for failing to offer to consumers the required number or percentage of M3-rated handset models in willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Caprock Cellular Limited Partnership IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for apparent willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after the release
- http://transition.fcc.gov/eb/Orders/2011/DA-11-2061A1.html
- aid-compatible handset deployment requirements for the entire 2010 calendar year, we propose a forfeiture of $21,000 against Big Sky for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in section 20.19(c)(3)(ii) of the Rules. IV. ORDERING clauses 13. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, iSmart Mobile, LLC d/b/a Big Sky Mobile IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for apparent willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days
- http://transition.fcc.gov/eb/Orders/2011/DA-11-2075A1.html
- forfeiture, and the potentially significant impact on consumers with hearing loss, we propose a forfeiture of $51,000 against GCI for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in section 20.19(d)(3)(ii) of the Rules. IV. ORDERING clauses 13. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, General Communication, Inc. IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifty-one thousand dollars ($51,000) for willful and repeated violation of section 20.19(d)(3)(ii) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after the release date of
- http://transition.fcc.gov/eb/Orders/2011/DA-11-2076A1.html
- of the apparent violation on consumers with hearing loss, we propose a forfeiture of $75,000 against Centennial for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in sections 20.19(d)(3)(ii) and 20.19(e)(2) of the Rules. IV. ORDERING clauses 16. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Centennial Communications Corporation IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seventy-five thousand dollars ($75,000) for apparent willful and repeated violation of sections 20.19(d)(3)(ii) and 20.19(e)(2) of the Rules. 17. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after the
- http://transition.fcc.gov/eb/Orders/2011/DA-11-2077A1.html
- forfeiture, and the potentially significant impact on consumers with hearing loss, we propose a forfeiture of $48,000 against Metropolitan for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in sections 20.19(d)(3)(ii) of the Rules. IV. ORDERING clauses 13. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Metropolitan Telecommunications Holding Company d.b.a. MetTel IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of forty-eight thousand dollars ($48,000) for apparent willful and repeated violations of section 20.19(d)(3)(ii) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after
- http://transition.fcc.gov/eb/Orders/2011/DA-11-2078A1.html
- facts and circumstances in this case, we admonish Locus for its failure to offer to consumers from January through June 2010 the requisite number or percentage of handset models with a minimum T3 rating, in violation of section 20.19(d)(3)(ii) of the Rules. IV. ORDERING clauses 15. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Locus Telecommunications, Inc. IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand five hundred dollars ($25,500) for apparent willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after the
- http://transition.fcc.gov/eb/Orders/2011/DA-11-2079A1.html
- requirements, and the potentially significant impact on consumers with hearing loss, we propose a forfeiture of $25,500 against NEP for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in sections 20.19(c)(3)(ii) of the Rules. IV. ORDERING clauses 13. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, NEP Cellcorp, Inc. IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand five hundred dollars ($25,500) for willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after the release
- http://transition.fcc.gov/eb/Orders/2011/DA-11-2080A1.html
- repeated violation of section 20.19(c)(3)(ii) of the Rules. 14. We therefore find that MaxCell is apparently liable for a total forfeiture of $30,000 for willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in section 20.19(c)(3)(ii). IV. ORDERING clauses 15. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Maximum Communications Cellular, LLC IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirty thousand dollars ($30,000) for apparent willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after the release
- http://transition.fcc.gov/eb/Orders/2011/DA-11-20A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Advantage Wireless Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) File No. EB-08-TC-2889
- http://transition.fcc.gov/eb/Orders/2011/DA-11-213A1.html
- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Turner possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the proposed forfeiture IS CANCELLED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by Certified Mail - Return Receipt Requested to Louise Sams, Executive
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- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Community Television is apparently liable for a $10,000 forfeiture. I. ORDERING CLAUSE 10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's Rules, Community Television is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 73.3527(c) of the Commission's rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://transition.fcc.gov/eb/Orders/2011/DA-11-229A1.html
- at Station KGLA's main studio. This statement must be provided to the New Orleans Office at the address listed in paragraph 14 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Crocodile Broadcasting Corp., Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violations of sections 73.1745(a) and 73.3526 of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release
- http://transition.fcc.gov/eb/Orders/2011/DA-11-231A1.html
- available at Station WLGT's main studio. This statement must be provided to the Norfolk Office at the address listed in paragraph 12 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Media East, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of sections 73.3526 of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://transition.fcc.gov/eb/Orders/2011/DA-11-232A1.html
- from the USCG about his unauthorized operation. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors, we conclude that Mr. Aversa is apparently liable for a forfeiture in the amount of $20,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, and 1.80 of the Rules, Vincent Aversa, Jr. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violation of section 301 of the Act and section 80.13 of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) days of
- http://transition.fcc.gov/eb/Orders/2011/DA-11-242A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Hanmi possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaint against Hanmi Broadcasting, Inc. before the Enforcement Bureau related to the above-captioned-investigation as of the date of this Consent Decree IS DISMISSED. 8. IT IS
- http://transition.fcc.gov/eb/Orders/2011/DA-11-246A1.html
- XRLTG-VIPJAMM should be revoked on some or all of the bases outlined herein and whether a Forfeiture Order in an amount not to exceed one hundred and twelve thousand five hundred dollars ($112,500) should be issued. IV. ORDERING CLAUSES 18. Accordingly, IT IS ORDERED that, pursuant to sections 312(a) and (c) of the Act, and authority delegated pursuant to sections 0.111, 0.311, 1.91(a) and 2.939(b) of the Rules, Shenzhen Tangreat Technology Co., Ltd. is hereby ORDERED TO SHOW CAUSE why its equipment authorization, FCC ID No. XRLTG-VIPJAMM, SHOULD NOT BE REVOKED. Shenzhen SHALL APPEAR before an Administrative Law Judge at a time and place to be specified in a subsequent order and give evidence upon the following issues: a. To determine
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Pantech possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Pantech Wireless, Inc., W. Dennis
- http://transition.fcc.gov/eb/Orders/2011/DA-11-258A1.html
- such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Moreno is apparently liable for a forfeiture in the amount of $10,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Rules, Bernabe Moreno is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice
- http://transition.fcc.gov/eb/Orders/2011/DA-11-263A1.html
- Liability for Forfeiture ("NAL") in the amount of $10,000 to Foursquare Gospel for the violations listed above. Despite evidence that Foursquare Gospel received the NAL, Foursquare Gospel has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, International Church of the Foursquare Gospel DBA Radio Station KFSG FM, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for repeatedly violating Section 303(q) of the Act, and Sections 17.6(a), 17.47(a), 17.48, and 17.51(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for
- http://transition.fcc.gov/eb/Orders/2011/DA-11-264A1.html
- as set forth on the structure's FAA determination of "no hazard" in violation of Section 17.23 of the Rules. Despite evidence that Waldec received the NAL, Waldec has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Waldec Enterprises, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 17.23 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
- http://transition.fcc.gov/eb/Orders/2011/DA-11-273A1.html
- and the Commission's Rules. This statement must be provided to the Enforcement Bureau at the address listed in paragraph 24 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture and Order. IV. ORDERING CLAUSES 19. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Commission's Rules, Utah Broadband, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for apparently willfully and repeatedly violating sections 301 and 302(b) of the Act, and sections 15.1(b) and 15.1(c) of the Rules. 20. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the
- http://transition.fcc.gov/eb/Orders/2011/DA-11-275A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Delta Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
- http://transition.fcc.gov/eb/Orders/2011/DA-11-277A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Coast International possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
- http://transition.fcc.gov/eb/Orders/2011/DA-11-280A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Cyber Mesa possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
- http://transition.fcc.gov/eb/Orders/2011/DA-11-289A1.html
- not be imposed because it did not have a "high degree of involvement in, or actual notice of, the unlawful activity." III. ordering clauses 6. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, the proposed forfeiture in the amount of $9,000 issued to Ureach Technologies, Inc. in the July 17, 2008 Notice of Apparent Liability for Forfeiture WILL NOT BE IMPOSED. 7. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail
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- apparently liable for a forfeiture in the amount of $25,000. We again caution the Licensee that additional violations of these rules may result in the imposition of higher forfeitures and even harsher enforcement action, including license revocation proceedings. IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's rules, that Spanish Broadcasting System Holding Company, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $25,000 for apparently willfully and repeatedly violating Section 73.1206 of the Commission's rules. 10. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of
- http://transition.fcc.gov/eb/Orders/2011/DA-11-299A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether DNA possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter
- http://transition.fcc.gov/eb/Orders/2011/DA-11-306A1.html
- unlicensed operation in violation of section 301 of the Act and section 15.1(b) of the Rules and $5,000 for operation of unauthorized equipment in violation of section 302(b) of the Act and section 15.1(c) of the Rules. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, AT&T, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of sections 301 and 302(b) of the Act and sections 15.1(b) and 15.1(c) of the Rules. 15. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules
- http://transition.fcc.gov/eb/Orders/2011/DA-11-313A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Simplink possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
- http://transition.fcc.gov/eb/Orders/2011/DA-11-319A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NET/COMM Services possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
- http://transition.fcc.gov/eb/Orders/2011/DA-11-321A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TelePlus possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
- http://transition.fcc.gov/eb/Orders/2011/DA-11-326A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Pacific Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
- http://transition.fcc.gov/eb/Orders/2011/DA-11-32A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether PR Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
- http://transition.fcc.gov/eb/Orders/2011/DA-11-33A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether PiperTel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Network Services Solutions possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Internet & Telephone possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NetSpan Corporation possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) File No. EB-08-TC-4788
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- factors to the instant case, we conclude that Cumulus is apparently liable for a forfeiture in the amount of ten thousand dollar ($10,000) for its failure to maintain any quarterly issues/programs lists during the current license term. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Cumulus Licensing LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 73.3526(e)(12) of the Rules. 7. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date of this
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether China Unicom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NCCC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- of the Commission's rules and have apparently willfully or repeatedly violated a Bureau order by failing to provide certain information. We find each of the Companies apparently liable for a forfeiture of $29,000. V. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, section 1.80 of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, each Company listed in Appendix I of this Order is hereby NOTIFIED of their APPARANT LIABLILITY FOR A MONETARY FORFEITURE in the amount of twenty nine thousand dollars ($29,000) each for willfully and repeatedly violating section 64.2009(e) of the Commission's rules by failing to submit annual compliance certificates, and willfully and repeatedly violating a
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- adjustment in the forfeiture amount of $2,000 is warranted. Applying the Forfeiture Policy Statement, section 1.80, and the statutory factors to the instant case, we conclude that Pacific Spanish is apparently liable for a forfeiture of $6,000. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80 of the Rules, Pacific Spanish Network, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for violation of section 1.903(a) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) days of the release date of this Notice
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Association Administrators possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Ring Connection possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- to ensure that a NOTAM for its tower remains current. This statement must be provided to the Kansas City Office at the address listed in paragraph 11 within fifteen days of the release date of this NAL. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Rules, KFW Communications LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for violations of section 17.47 of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days of the release date of this Notice of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ACSW possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether AT&T possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jackie Flemming, Assistant Vice-President, External Affairs/Regulatory, AT&T
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaints against the Licensee before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TCI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- amount is warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Fleurinor is apparently liable for a forfeiture in the amount of $20,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Whisler Fleurinor is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violation of section 301 of the Act. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice
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- Media Bureau and come into compliance. This statement must be provided to the Tampa Office at the address listed in paragraph 15 within fifteen days of the release date of this Notice of Apparent Liability for Forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, Ace of Hearts Disc Jockey Service, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violation of sections 73.1350 and 74.1235(e) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty
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- ordering clauses 4. Accordingly, IT IS ORDERED that, pursuant to section 405 of the Communications Act of 1934, as amended, and section 1.106 of the Commission's rules ("Rules"), that the Petition for Reconsideration filed by Kacy Rankine IS DENIED and the Forfeiture Order IS AFFIRMED. 5. IT IS ALSO ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Kacy Rankine IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act. 6. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within thirty (30) days of the release of this Memorandum Opinion
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- radio communications system. Mr. Jones must operate his CB station in compliance with the FCC's Rules and at the power limit indicated above. Failure to abide by these rules may result in additional sanctions and monetary forfeitures. V. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Rules, Ira Jones is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of section 303(n) of the Act and section 95.426(a) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release
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- warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Garcia is apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000). IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314 and 1.80 of the Rules, Gabriel A. Garcia is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violation of section 301 of the Act. 10. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days of the release date of this Notice
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- consumers identified in the Appendix. We have further determined that American West Advertising is apparently liable for a forfeiture in the amount of $18,000. V. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that American West is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $18,000 for willful and repeated violations of section 227(b)(1)(B) of the Communications Act, 47 U.S.C. S: 227(b)(1)(B), and section 64.1200(a)(2) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(2). 9. IT IS FURTHER
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- after it became aware of the violation, an additional two years elapsed before it sought Commission authority. Based on all the factors and evidence, including the extended period of unauthorized operation, we conclude that a proposed aggregate forfeiture of $19,000 is appropriate. IV. ordering clauses 14. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.311 and 1.80 of the Rules, Shubat Transportation Company IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand dollars ($19,000) for the willful and repeated violation of section 301 of the Act and section 1.903(a) of the Rules and the willful violation of section 1.949(a) of the Rules. 15. IT IS FURTHER ORDERED
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Integrated Telemanagement possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter
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- penalties. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that North County Broadcasting Corporation is apparently liable for a forfeiture in the amount of $6,000. IV. ORDERING CLAUSES 1. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, North County Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for apparently willfully and repeatedly violating Section 11.35 of the Commission's Rules. 2. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the
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- as justice may require." Based upon our review of the record in this case and the statutory factors identified above, we find that Fox is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). IV. ORDERING CLAUSES 20. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, that Fox Television Stations, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for its apparent willful violation of the sponsorship announcements requirements of section 317 of the Communications Act of 1934, as amended, and section 73.1212 of the Commission's rules. 21. IT
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- as justice may require." Based upon our review of the record in this case and the statutory factors identified above, we find that Access.1 is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). IV. ORDERING CLAUSES 16. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, that Access.1 New Jersey License Company, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for its apparent willful violation of the sponsorship announcements requirements of section 317 of the Communications Act of 1934, as amended, and section 73.1212 of the Commission's rules.
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tele Circuit possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Westgate Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter
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- Office ("Tampa Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $20,000 to Mr. Aversa. Mr. Aversa has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Vincent E. Aversa IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for violations of section 301 of the Act and section 80.13 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ZTG possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- $10,000 is warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Bazile is apparently liable for a forfeiture in the amount of $20,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314, and 1.80 of the Rules, Marckenson Bazile is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violation of section 301 of the Act. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) days of the release date of this Notice of
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- these companies was granted an opportunity to show, in writing, why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by the companies we find that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS COMMISSION Richard A.
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- absence of material new evidence relating to this matter, we conclude that the Bureau's investigation raises no substantial or material questions of fact as to whether AST possesses the basic qualifications, including those related to character, to hold or obtain a Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by Certified Mail - Return Receipt Requested to counsel for AST Telecom, LLC d/b/a/ Blue Sky Communications,
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- steps taken to repair the lights and a timetable for completion. This statement must be provided to the Dallas Office at the address listed in paragraph 13 within fifteen days of the release date of this NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Rules, Andrews Tower Rental, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 303(q) of the Act and section 17.51(a) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days
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- to section 17.47 of the Rules. This statement must be provided to the Atlanta Office at the address listed in paragraph 13 within fifteen days of the release date of this Notice of Apparent Liability for Forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Rules, Miller Communications, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violation of section 303(q) of the Act and sections 17.47(a) and 17.51(a) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty
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- the fact that Harrah's unlawful operation continued for almost ten years. Thus, based on all the factors and evidence, including the extended period of unauthorized operation, we conclude that a proposed aggregate forfeiture of $15,000 is appropriate. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Harrah's Atlantic City Operating Company LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violation of section 301 of the Act and sections 1.903(a) and 1.949(a) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to section 1.80 of
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- resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 5. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 151, 154(i), 154(j), and 224, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111 and 0.311, that the Joint Motion IS GRANTED, that the proceedings ARE DISMISSED WITH PREJUDICE, and that the proceedings ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. S: 224. Joint Motion to Dismiss, File Nos. EB-06-MD-005, EB-07-MD-003 (filed Apr. 5, 2011)
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- outage to ensure that a NOTAM for its tower remains current. This statement must be provided to the Houston Office at the address listed in paragraph 15 within fifteen days of the release date of this NAL. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, RAMCO Broadband Services is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of sections 17.4(g), 17.48, 17.51(a) and 17.57 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Allegiance possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended (the "Act"), and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by certified mail, return receipt requested, to Mr. William Haggarty, Chief Executive Officer, Allegiance Communications, LLC, 1819
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- City Office ("Kansas City Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $6,000 to KFW. KFW has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, KFW Communications LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,000 for violations of section 17.47 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release of this Order. If the
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Call One possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter
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- disclosed to the Commission, the matters raised in the investigation do not raise any substantial and material questions of fact regarding Comcast's qualifications to hold an authorization or license issued by the Commission. 4. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S: 151(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111 and 0.311, that the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned matter IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) In the Matter of ) File No. EB-10-TC-010 Comcast Corporation
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Telestar possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Latino Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- is warranted." Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we therefore conclude that A Radio is apparently liable for a forfeiture in the amount of $25,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Rules, A Radio Company, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violating the terms of a Bureau order adopted pursuant to section 4(i) and 503(b) of the Act. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Team Electronics possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- Section 17.51(a) of the Commission's Rules. This statement must be provided to the Enforcement Bureau at the address listed in paragraph 15 within fifteen days of the release date of this Notice of Apparent Liability for Forfeiture. I. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0314 and 1.80 of the Rules, CBS Communications Services, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 303(q) of the Act, and section 17.51(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Neutral possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- these companies was granted an opportunity to show, in writing, why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by the companies, we find that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix FEDERAL COMMUNICATIONS COMMISSION Richard A.
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- these companies was granted an opportunity to show, in writing, why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by the companies, we find that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix FEDERAL COMMUNICATIONS COMMISSION Richard A.
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether PreSonus possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for PreSonus Audio Electronics, Inc., Tony
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- the statutory factors to the instant case, we conclude that Pilot Media is apparently liable for a forfeiture in the amount of $4,000 for its failure to maintain its quarterly issues/program lists during the current license term. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, Pilot Media, LCC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for apparently willfully and repeatedly violating section 73.3526(e)(12) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the
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- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80, and the statutory factors to the instant case, we conclude that Mattoon Broadcasting is apparently liable for a $14,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Mattoon Broadcasting Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violations of sections 73.49 and 73.1125(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Metronet possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80, and the statutory factors to the instant case, we conclude that Frandsen is apparently liable for a forfeiture in the amount of $14,000. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, Frandsen Media Company, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violations of sections 1.1310 and 73.1560(b) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the
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- based on the licensee's inability to pay is warranted. Thus, we conclude that Mr. Smith is liable for a forfeiture in the amount of $11,500, an amount equal to 7.7 percent of Station KANR's average gross revenues. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Daniel D. Smith IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand five hundred dollars ($11,500) for violations of section 11.35(a), 17.47, 17.50, and 73.3526 of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- writing, why no such forfeiture should be imposed. 3. In response to the NAL, each cable operator sufficiently demonstrated that it had provided the advanced notice required under our rules. Therefore, we find that no forfeiture penalty should be imposed. 4. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeitures issued in the above captioned proceedings WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each counsel of record in the above captioned proceedings. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison
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- other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Alcime is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Rules, Alex Alcime is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice of
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- other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Ford is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Rules, Patrick Michael Ford is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date of this
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- justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Morey is apparently liable for a forfeiture in the amount of $10,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Rules, Thomas L. Morey is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days of the release date of this Notice
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- justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Rhodd is apparently liable for a forfeiture in the amount of $10,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Rules, Mikhail Rhodd is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 301 of the Act. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice of
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- justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Robinson is apparently liable for a forfeiture in the amount of $10,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Rules, Antonio Robinson is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 301 of the Act. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice of
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- Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Garcia is apparently liable for a total forfeiture in the amount of twenty-five thousand dollars ($25,000). IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Rules, Gabriel A. Garcia is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violation of section 303(n) of the Act. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days of the release date of this Notice
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- disclosed to the Commission, the matters raised in the investigation do not raise any substantial and material questions of fact regarding Sprint's qualifications to hold an authorization or license issued by the Commission. 5. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S: 154(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111 and 0.311, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned matter IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Sprint Nextel
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- an upward adjustment in the forfeiture amount of $10,000 is warranted. Applying the Forfeiture Policy Statement, section 1.80, and the statutory factors to the instant case, we conclude that Mr. Millwood is apparently liable for a forfeiture in the amount of $20,000. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, 0.314, and 1.80 of the Rules, Recardo Millwood is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of section 301 of the Act. 11. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice
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- an upward adjustment of $5,000 is warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Lindor is apparently liable for a $15,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Fritzner Lindor is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of section 301 of the Act. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the release date of this
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation, as to the Station and/or the Licensee, IS TERMINATED. 7. IT IS FURTHER ORDERED that any third-party complaints and allegations against the Stations and/or the Licensee before the Enforcement Bureau related to the above-captioned investigation as
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- available at Station KVOZ's main studio. This statement must be provided to the Houston Office at the address listed in paragraph 15 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Consolidated Radio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for violations of sections 73.1125, 73.1745(a) and 73.3526 of the Rules. 12. IT IS FURTHER ORDERED that Consolidated Radio, Inc. SHALL SUBMIT a sworn statement as described in paragraph 10 to
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- $10,000 to $15,000. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Ms. Smith is apparently liable for a forfeiture in the amount of $22,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Judith V. Smith is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-two thousand dollars ($22,000) for violation of sections 301 and 303(n) of the Act. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules, within thirty days of the release
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- our review, we conclude that Torres willfully and repeatedly violated section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that a forfeiture in the amount of $4,000 is warranted. IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and sections 0.111, 0.311, 0.314 and 1.80(f)(4) of the Commission's Rules, Jose Torres IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating section 1.903(a) of the Commission's Rules. 10. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release of this Order.
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- and other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80, and the statutory factors to the instant case, we conclude Sickafus is apparently liable for a forfeiture in the amount of $7,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80 of the Commission's Rules, Patrick H. Sickafus is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of section 73.49 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice of
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- of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether PCS and Surry possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to David L. Nace, Lukas, Nace, Gutierrez
- http://transition.fcc.gov/eb/Orders/2011/DA-11-881A1.html
- days of the release date of this Notice of Apparent Liability for Forfeiture and Order. We caution Mr. Warmath that licensees are expected to comply with the Rules and further violations may result in additional enforcement action. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, John F. Warmath is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of sections 73.49, 11.35, and 73.3526 of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Luxul possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jeffrey Curtis, President & Chief Executive Officer,
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- San Diego agents made a second inspection. Applying the Forfeiture Policy Statement, section 1.80, and the statutory factors to the instant case, we conclude that Lazer is apparently liable for a forfeiture in the amount of $8,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Lazer Licenses, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of section 73.3526 of the rules. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the release date of
- http://transition.fcc.gov/eb/Orders/2011/DA-11-887A1.html
- the Enforcement Bureau's Boston Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $15,000 to Brown. Brown has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Robert Brown IS LIABLE FOR A MONETARY FORFEITURE in the amount of $15,000 for violations of section 301 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaint against the Licensee before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree IS DISMISSED. 8. IT IS FURTHER ORDERED
- http://transition.fcc.gov/eb/Orders/2011/DA-11-889A1.html
- the Enforcement Bureau's Boston Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $15,000 to Morris. Morris has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Lloyd Morris IS LIABLE FOR A MONETARY FORFEITURE in the amount of $15,000 for violations of section 301 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- pay a forfeiture. We have reviewed our records and World Media's submitted documentation and conclude that the forfeiture should be reduced to $5,500, based on its documented inability to pay the forfeiture amount proposed in the NAL. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, World Media Broadcast Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand five hundred dollars ($5,500) for violations of section 11.35(a), 73.1400(a)(1)(ii), and 73.3526 of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether AMFM Radio possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against AMFM Radio Licenses, L.L.C., before the Enforcement Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT
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- the fact that Call Mobile's unlawful operation continued for more that two and a half years. Thus, based on all the factors and evidence, including the extended period of unauthorized operation, we conclude that a proposed aggregate forfeiture of $15,000 is appropriate. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.311, and 1.80 of the Rules, Call Mobile IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for the willful and repeated violation of section 301 of the Act and section 1.903(a) of the Rules and the willful violation of section 1.949(a) of the Rules. 14. IT IS FURTHER ORDERED that,
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- concerns that the Licensee may have a systematic compliance issue with the Commission's public inspection file rules. We strongly encourage the Licensee to review those rules closely and ensure that all of its facilities are in compliance. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, Entertainment Media Trust, Dennis J. Watkins, Trustee is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of sections 73.1350, 73.1590 and 73.3526 of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within
- http://transition.fcc.gov/eb/Orders/2011/DA-11-902A1.html
- Entertainment Media Trust may have a systematic compliance issue with the Commission's public inspection file rules. We strongly encourage Entertainment Media Trust to review those rules closely and ensure that all of its facilities are in compliance. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Entertainment Media Trust, Dennis J. Watkins, Trustee, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-four thousand dollars ($24,000) for violations of section 73.3526 of the Rules. 7. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the
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- and other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Clarke is apparently liable for a forfeiture in the amount of $10,000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Rules, Durrant Clarke is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 301 of the Act. 10. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice of
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- before us, we find that Media East willfully violated section 73.3526 of the Rules by failing to make available a complete public inspection file. Accordingly, we deny Media East's request for cancellation of the proposed $10,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Media East, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 73.3526 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Stephen R. Peters is apparently liable for a ten thousand dollar ($10,000) forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Rules, Stephen R. Peters is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 73.3526(e)(12) of the Rules. 7. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice
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- as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Ms. Woofter is apparently liable for a ten thousand dollar ($10,000) forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Rules, Della Jane Woofter is hereby NOTIFIED of her APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 73.3526(e)(12) of the Rules. 7. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice
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- KSKT-CA is now in compliance with section 73.3526 of the Rules. This statement must be provided to the Enforcement Bureau at the address listed in paragraph 11 within thirty days of the release date of this NAL. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, Blue Skies Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violation of section 73.3526(e)(11)(i) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether MetroPCS possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Roger D. Linquist, President and CEO,
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- an unlicensed radio station. Accordingly, pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we conclude that cancellation of the forfeiture is unwarranted and impose a forfeiture in the amount of $20,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Nounoune Lubin IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of section 301 of the Act. 8. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release of this
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- mitigating factor warranting a forfeiture reduction. Accordingly, we conclude that SmartLabs is apparently liable for a $10,000 forfeiture for marketing an uncertified radio frequency device in willful and repeated violation of section 302(b) of the Act and section 2.803(a)(1) of the Rules. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.311, and 1.80 of the Commission's Rules, SmartLabs, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for marketing an uncertified radio frequency device in willful and repeated violation of section 302(a) of the Act and section 2.803(a)(1) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to section
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- 11.35 of the Rules. This statement must be provided to the Norfolk Office at the address listed in paragraph 11 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture and Order. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, CRS Radio Holding Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of section 11.35 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date
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- an appropriate upward adjustment for Comcast's apparent violations. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Comcast is apparently liable for a $16,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, Comcast of Alabama, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for violations of sections 11.35(a) and 11.51(h) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the
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- willfully violated section 303(n) of the Act, and section 95.115 of the Rules. Considering the entire record and the factors listed above, we find that Bondy is liable for a forfeiture in the amount of $24,000. IV. ORDERING CLAUSES 18. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Rules, we find that Kevin Bondy IS LIABLE FOR A MONETARY FORFEITURE in the amount of $24,000 for willfully and repeatedly violating sections 301 and 333 of the Act, and section 95.183(a)(5) of the Rules, and for willfully violating section 303(n) of the Act and section 95.115 of the Rules. 19. Payment of the
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- why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by the companies, we agree that no forfeiture penalties should be imposed on each of the companies listed in the Appendix. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS COMMISSION Richard A.
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- from businesses where more than one person may use the same fax machine. That question is not at issue here and our decision here not to impose a forfeiture does not imply agreement with Progressive Business's views. II. ordering clauses 9. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeitures in the Notice of Apparent Liability for Forfeiture against Progressive Business WILL NOT BE IMPOSED. 10. IT IS FURTHER ORDERED that, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), the citation issued to Progressive Business, Inc.
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- This statement must be provided to the San Francisco Office at the address listed in paragraph 11, below, within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and Order. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Brian R. Ragan is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violations of Sections 301 and 303(n) of the Act. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of
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- such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Dorvilus is apparently liable for a forfeiture of $10,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Mercius Dorvilus is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release date
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- general, gross revenues are the best indicator of an ability to pay a forfeiture. Based on our review of the financial documents provided by Mr. Clarke, we find that a reduction from $10,000 to $1,000 is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Durrant Clarke IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for violations of Section 301 of the Act. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) calendar days of the release
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- now in compliance with Section 11.35 of the Rules. This statement must be provided to the San Diego Office at the address listed in paragraph 11 within thirty (30) calendar days of the release of this NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Rosendo Casarez, Jr., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35 of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty (30) calendar days of the release
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- the Act and Commission's rules. Accordingly, applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Fleurinor is apparently liable for a forfeiture of $25,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Whisler Fleurinor is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of Section 301 of the Act. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release date
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- amount is warranted. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Cheriza is apparently liable for a forfeiture in the amount of $20,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Robens Cheriza is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violation of Section 301 of the Act. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release date
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- our review, we conclude that Cerritos Ford willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that a forfeiture in the amount of $4,000 is warranted. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Cerritos Ford IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 1.903(a) of the Commission's Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of
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- maintaining and making available a complete public inspection file. This statement must be provided to the Dallas Office at the address listed in paragraph 12 within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, The L.R. Radio Group, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 73.3526 of the Commission's rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty (30) calendar days
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- public inspection files for Stations KQMG and KQMG-FM. This statement must be provided to the Kansas City Office at the address listed in paragraph 18 within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's Rules, KM Radio of Independence, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Sections 11.35, 17.51, 73.1560(b), and 73.3526 of the Rules. 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Companies possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by certified mail, return receipt requested, to counsel for the Companies, Brian W. Murray, Esq., Latham & Watkins
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- issues, which may limit or eliminate the need for litigation and the further expenditure of resources by the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, 47 U.S.C. S:S: 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S: 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that the Joint Notice of Settlement and Voluntary Dismissal IS GRANTED. 5. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, 47 U.S.C. S:S: 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S: 1.1401-1.1418, and the authority delegated in sections
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- are in compliance with Section 11.35 of the Rules. This statement must be provided to the Detroit Office at the address listed in paragraph 10 within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204(b), 0.311, 0.314 and 1.80 of the Commission's rules, Richards TV Cable Co. Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 11.35 of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty days of the release
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- perjury by an officer or director of Taylor Broadcasting that the Station's main studio is staffed full-time by full-time managerial and staff personnel (listing the names of the staff and manager and the hours and days worked). IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204(b), 0.311, 0.314 and 1.80 of the Commission's Rules, Taylor Broadcasting Co. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 73.1125(a) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) calendar days of the release
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- calendar quarter. This statement must be provided to the Philadelphia Office at the address listed in paragraph 11 within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and Order. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Curran Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 73.3526(e)(12) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://transition.fcc.gov/eb/Orders/2012/DA-12-211A1.html
- there were two separate unauthorized transfers of control. Based on the facts and circumstances presented, HTI is therefore apparently liable for a total forfeiture of $16,000 for willful violations of the express terms of the cable landing license for the Cable System. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, 0.314 and 1.80 of the Rules, Hawaiian Telcom, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $16,000 for apparently willfully or repeatedly violating the conditions of the submarine cable landing license for the Hawaii Interisland Cable System. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty
- http://transition.fcc.gov/eb/Orders/2012/DA-12-212A1.html
- Universal Service Administrative Company (via e-mail) Rashann Duvall, Universal Service Administrative Company (via e-mail) Jason C. Turner, Antitrust Division, United States Department of Justice (via email) Jennifer M. Dixton, Antitrust Division, United States Department of Justice (via email) Meagan D. Johnson, Antitrust Division, United States Department of Justice (via email) 47 C.F.R. S: 54.8(g) (2010). See also 47 C.F.R. S: 0.111 (delegating authority to the Enforcement Bureau to resolve universal service suspension and debarment proceedings). Letter from Theresa Z. Cavanaugh, Acting Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Jeremy R. Sheets, Notice of Suspension and Initiation of Debarment Proceeding, DA 11-1733, 26 FCC Rcd 14408 (Inv. & Hearings Div., Enf. Bur. 2011) (Attachment 1). 76 Fed. Reg.
- http://transition.fcc.gov/eb/Orders/2012/DA-12-267A1.html
- of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether BSCI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Thomas J. Moorman, Woods & Aitken LLP,
- http://transition.fcc.gov/eb/Orders/2012/DA-12-270A1.html
- of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether AMS possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Lynn P. Martin, President, American Music and
- http://transition.fcc.gov/eb/Orders/2012/DA-12-276A1.html
- authorization. This statement must be provided to the Houston Office at the address listed in paragraph 11, below, within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and Order. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, JHT Ventures, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.1745(a) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release
- http://transition.fcc.gov/eb/Orders/2012/DA-12-277A1.html
- full compliance with Section 73.1350(a) of the Rules. This statement must be provided to the Tampa Office at the address listed in paragraph 12, below, within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Super W Media Group, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.1350(a) of the Commission's rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days
- http://transition.fcc.gov/eb/Orders/2012/DA-12-279A1.html
- Rules. This statement must be provided to the San Juan Office at the address listed in paragraph 19 within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and Order. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Argos Net, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of Section 301 of the Act and Section 15.1(b) of the Commission's rules. 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within
- http://transition.fcc.gov/eb/Orders/2012/DA-12-281A1.html
- update the ownership information for the Antenna Structure. This statement must be provided to the San Juan Office at the address listed in paragraph 11 within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Hacienda San Eladio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand five hundred dollars ($4,500) for violation of Section 17.57 of the Commission's rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar
- http://transition.fcc.gov/eb/Orders/2012/DA-12-282A1.html
- that, in general, gross revenues are the best indicator of an ability to pay a forfeiture. Based on the financial documents and other materials provided by Insight, we find sufficient basis to reduce the forfeiture to $16,000. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Insight Consulting Group of Kansas City, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of sixteen thousand dollars ($16,000) for violations of Section 301 of the Act and Section 15.1(b) of the Commission's rules. 7. Payment of the forfeiture shall be made in the manner provided for in Section
- http://transition.fcc.gov/eb/Orders/2012/DA-12-285A1.html
- with Section 20.19(c)(3)(ii) of the hearing aid compatibility rules. Based on information recently provided by Epic Touch regarding its wireless handset offerings, we conclude that Epic Touch has demonstrated that it was in compliance during the requisite period. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the proposed forfeiture issued to Epic Touch in the 2010 NAL WILL NOT BE IMPOSED. 7. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. 8. IT IS FURTHER ORDERED that a copy of this Order and Consent
- http://transition.fcc.gov/eb/Orders/2012/DA-12-338A1.html
- previously rejected inability to pay claims in cases of repeated or otherwise egregious violations. Therefore, future violations of this kind may result in significantly higher forfeitures that may not be reduced due to Mr. Lebron's financial circumstances. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Eleuterio Lebron IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violations of Section 301 of the Act. 7. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) calendar days of
- http://transition.fcc.gov/eb/Orders/2012/DA-12-339A1.html
- amount is warranted. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Darius is apparently liable for a forfeiture in the amount of $15,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Jeffrey Darius is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Section 301 of the Act. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release date
- http://transition.fcc.gov/eb/Orders/2012/DA-12-341A1.html
- file; and (3) properly installed Station WNFO's EAS equipment. This statement must be provided to the Atlanta Office at the address listed in paragraph 19 within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Walter M. Czura is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty five thousand dollars ($25,000) for violations of Sections 11.35(a), 73.49, and 73.3526 of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty (30) calendar
- http://transition.fcc.gov/eb/Orders/2012/DA-12-350A1.html
- transmitter. This statement must be provided to the Chicago Office at the address listed in paragraph 14, below, within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and Order. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204(b), 0.311, 0.314, and 1.80 of the Commission's Rules, Hoosier Public Radio Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 73.1350(a) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release
- http://transition.fcc.gov/eb/Orders/2012/DA-12-356A1.html
- Francisco Office (San Francisco Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $25,000 to Garcia. Garcia has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Gabriel A. Garcia IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 301 of the Communications Act of 1934, as amended. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
- http://transition.fcc.gov/eb/Orders/2012/DA-12-357A1.html
- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Uniradio possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Ricardo Astiazaran, General Manager, Uniradio Corporation,
- http://transition.fcc.gov/eb/Orders/2012/DA-12-360A1.html
- of new material evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ETI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 4. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 6. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Avi El-Kiss, Vice President, ETI Sound
- http://transition.fcc.gov/eb/Orders/2012/DA-12-368A1.html
- Francisco Office (San Francisco Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $25,000 to Garcia. Garcia has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Gabriel A. Garcia IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 303(n) of the Communications Act of 1934, as amended. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
- http://transition.fcc.gov/eb/Orders/2012/DA-12-391A1.html
- of material new evidence relating to these matters, we conclude that our investigations raise no substantial or material questions of fact as to whether Verizon possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Tamara Preiss, Vice President, Federal Regulatory Affairs,
- http://transition.fcc.gov/eb/Orders/2012/DA-12-392A1.html
- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Verizon Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Mr. John T. Scott, III, Vice President
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- assisting, or advising applicants or service providers regarding the E-Rate program. Sincerely, Theresa Z. Cavanaugh Acting Chief Investigations and Hearings Division Enforcement Bureau cc: Johnnay Schrieber, Universal Service Administrative Company (via e-mail) Rashann Duvall, Universal Service Administrative Company (via e-mail) Stephanie L. Haines, United States Attorney's Office, Western Pennsylvania (via e-mail) 47 C.F.R. S: 54.8(g). See also 47 C.F.R. S: 0.111 (delegating authority to the Enforcement Bureau to resolve universal service suspension and debarment proceedings). Letter from Theresa Z. Cavanaugh, Acting Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Dr. Dennis L. Bruno, Notice of Suspension and Initiation of Debarment Proceeding, 26 FCC Rcd 16006 (Enf. Bur. 2011) (Attachment 1). 76 Fed. Reg. 74058 (Nov. 30, 2011). United
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- Policy Statement, we conclude that Pacific Spanish willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that a forfeiture in the amount of $6,000 is warranted. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Pacific Spanish Network, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000) for willfully and repeatedly violating Section 1.903(a) of the Commission's rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30)
- http://transition.fcc.gov/eb/Orders/2012/DA-12-42A1.html
- of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Hawking possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Act, and sections 0.111 and 0.311 of the rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned enforcement proceeding IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Frank Lin, President, Hawking Technologies, Inc.,
- http://transition.fcc.gov/eb/Orders/2012/DA-12-446A1.html
- Office (Miami Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $10,000 to Mr. Dorviuls. Mr. Dorvilus has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Mercius Dorvilus IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) calendar days of the release of this Order. If
- http://transition.fcc.gov/eb/Orders/2012/DA-12-450A1.html
- systems in compliance with FCC rules and applicable authorizations. This statement must be provided to the Enforcement Bureau at the address listed in paragraph 16 within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, VPNet, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Sections 301 and 302(b) of the Act and Sections 15.1(b) and 15.1(c). 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty calendar
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- of Justice (via e-mail) Any further reference in this letter to "your conviction" refers to your guilty plea and subsequent sentencing for conspiracy to defraud the United States in United States v. Gloria F. Harper, Criminal Docket No. 2:10-cr-00326-CJB-ALC, Plea Agreement (E.D. La. filed June 2, 2011 and entered June 6, 2011) (Plea Agreement). 47 C.F.R. S: 54.8. Id. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the E-Rate program in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (Second Report and Order) (adopting Section 54.521 to suspend and debar parties
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- amount of $22,000. We further caution Mr. Young that future violations may be subject to more severe enforcement action, including but not limited to larger monetary forfeitures, criminal prosecution, and the in rem seizure of his equipment. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Arthur Lee Young is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-two thousand dollars ($22,000) for violations of Sections 301 and 303(n) of the Act. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of
- http://transition.fcc.gov/eb/Orders/2012/DA-12-481A1.html
- claim, the Commission has determined that, in general, gross revenues are the best indicator of an ability to pay a forfeiture. Having reviewed Vision Latina's submitted documentation, we conclude that the forfeiture should be reduced to $500. IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Vision Latina Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five hundred dollars ($500) for violations of Sections 73.1125 and 73.3526 of the Commission's rules. 6. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30)
- http://transition.fcc.gov/eb/Orders/2012/DA-12-487A1.html
- conclude that our investigations raise no substantial or material questions of fact as to whether Reduced Rate Long Distance possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Thomas K. Crowe, Partner, Law Offices of Thomas
- http://transition.fcc.gov/eb/Orders/2012/DA-12-488A1.html
- the Forfeiture Policy Statement, we conclude that South Bay willfully and repeatedly violated Section 301 of the Act and Section 1.903(a) of the Rules, and we find that a forfeiture in the amount of $300 is warranted. IV. ORDERING CLAUSES 8. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, South Bay Aviation, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of three hundred dollars ($300) for willfully and repeatedly violating Section 301 of the Communications Act of 1934, as amended, and Section 1.903(a) of the Commission's rules. 9. Payment of the forfeiture shall be made in the manner
- http://transition.fcc.gov/eb/Orders/2012/DA-12-522A1.html
- Office (Miami Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $20,000 to Mr. Cheriza. Mr. Cheriza has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Robens Cheriza IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for violations of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) calendar days of the release of this Order. If
- http://transition.fcc.gov/eb/Orders/2012/DA-12-524A1.html
- Office (Miami Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $10,000 to Mr. Thermitus. Mr. Thermitus has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Robenson Thermitus IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) calendar days of the release of this Order. If
- http://transition.fcc.gov/eb/Orders/2012/DA-12-527A1.html
- an ability to pay a forfeiture. We have reviewed our records and Beacon's submitted documentation and conclude that the forfeiture should be reduced to $8,000, an amount within the range determined by the Bureau to be affordable. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Beacon Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Sections 73.3526(e)(12), 73.1745(a), and 1.903(a) of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of
- http://transition.fcc.gov/eb/Orders/2012/DA-12-533A1.html
- corresponding NOTAM number; and (4) a timeframe for repair. This statement must be provided to the Atlanta Office at the address listed in paragraph 10 within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Telava Wireless, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Section 303(q) of the Act and Section 17.51(a) of the Commission's rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within
- http://transition.fcc.gov/eb/Orders/2012/DA-12-535A1.html
- Telava's statement shall provide a timeframe for lighting restoration. This statement must be provided to the Chicago Office at the address listed in paragraph 16 within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Telava Wireless, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violations of Section 303(q) of the Act and Sections 17.47 and 17.56(a) of the Rules. 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules
- http://transition.fcc.gov/eb/Orders/2012/DA-12-536A1.html
- Dollar willfully and repeatedly violated Section 301 of the Act and Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that a forfeiture in the amount of $12,000 is warranted. IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, DTG Operations Inc., d/b/a Dollar Rent-A-Car, IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for willfully and repeatedly violating Section 301 of the Communications Act of 1934, as amended, and Section 1.903(a) of the Commission's rules. 10. Payment of the forfeiture shall be made in
- http://transition.fcc.gov/eb/Orders/2012/DA-12-546A1.html
- levels. This statement must be provided to the Miami Office at the address listed in paragraph 11, below, within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and Order. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, ERJ Media, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.1745(a) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release
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- implemented to ensure the Antenna Structure retains good visibility. This statement must be provided to the Dallas Office at the address listed in paragraph 11 within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Classic Cable, Inc. dba Suddenlink Communications is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 17.50 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules, within thirty (30) calendar days
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- implemented to ensure the Antenna Structure retains good visibility. This statement must be provided to the Dallas Office at the address listed in paragraph 11 within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, James Cable, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 17.50 of the Commission's rules. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules, within thirty (30) calendar days of the
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- 227 of the Act and the Commission's related rules and orders, for the reasons set forth in the NAL. III. ordering clauses 13. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Response Card Marketing, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $9,000 for willfully or repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation, as to the Station and/or the Licensee, IS TERMINATED. 7. IT IS FURTHER ORDERED that any third-party complaints and allegations against the Stations and/or the Licensee before the Enforcement Bureau related to the above-captioned investigation as of
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- implemented to ensure the Antenna Structure retains good visibility. This statement must be provided to the Dallas Office at the address listed in paragraph 11 within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Mobile Phone of Texas, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 17.50 of the Commission's rules. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty (30) calendar days
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- repeatedly violated Section 301 of the Act. IV. ordering clauses 8. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's rules, the Petition for Reconsideration filed by Alexander Kissi IS DENIED. 9. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, Alexander Kissi IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the rules within thirty (30) calendar days of the release of this
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- material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Mr. Mann possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned enforcement proceeding IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Richard Mann d/b/a The Antique Radio
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- that, in general, gross revenues are the best indicator of an ability to pay a forfeiture. Based on the financial documents and other materials provided by Power, we find sufficient basis to reduce the forfeiture to $1,500. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Power Ministries IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violations of section 73.1660(a)(2) of the Commission's rules. 8. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within thirty (30) calendar days
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- ordering clauses 11. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Rules, that the Petition for Reconsideration filed by Princess K Fishing Corporation IS DISMISSED and the Forfeiture Order IS AFFIRMED. 12. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Princess K Fishing Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand, five hundred dollars ($5,500) for violations of section 80.89(a) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release
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- valid STA. This statement must be provided to the Philadelphia Office at the address listed in paragraph 15, infra, within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture and Order. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314, and 1.80 of the Commission's Rules, Nassau Broadcasting II, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violations of sections 73.1745(a) and 73.3526 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within thirty (30) days of
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- under penalty of perjury by an officer or director of Mapleton within thirty (30) calendar days of the release date of this Forfeiture Order that Station KXDZ(FM) is now in compliance with Section 73.3526 of the Rules. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Mapleton License of San Luis Obispo, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 73.3526 of the Commission's Rules. 11. IT IS FURTHER ORDERED that Mapleton License of San Luis Obispo, LLC, SHALL SUBMIT a written statement, as
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- such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Thermitus is apparently liable for a forfeiture of $10,000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Robenson Thermitus is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release date
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- of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Telrite possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act, and Sections 0.111 and 0.311 of the rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to David H. Solomon, Wilkinson Barker Knauer, LLP,
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- be provided to the Federal Communications Commission, Enforcement Bureau, South Central Region, Tampa Office, 4010 W. Boy Scout Blvd., Suite 425, Tampa, Florida 33607, within thirty (30) calendar days of the release date of this Forfeiture Order. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Ace of Hearts Disc Jockey Service, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand dollars ($11,000) for violations of Sections 73.1350 and 74.1235(e) of the Commission's rules. 12. IT IS FURTHER ORDERED that Ace of Hearts Disc Jockey Service, Inc. SHALL SUBMIT a statement as described
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- of new material evidence relating to this matter, we conclude that our investigations raise no substantial or material questions of fact as to whether Ztar possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 4. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. 6. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Kevin Haddad, President, Ztar Mobile, Inc.,
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- the disposition of the remaining inventory of the device. This statement must be provided to the Enforcement Bureau at the address listed in paragraph 13 within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, US Jetting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand four hundred dollars ($8,400) for violation of Section 302(b) of the Act and Sections 2.803(a)(1) and 15.201(b) of the Commission's rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of
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- forfeiture in the amount of twenty two thousand dollars ($22,000). In view of today's action, and in light of Clear Channel's prior history of non-compliance, we caution that the imposition of even higher forfeitures may result in the future if such misconduct persists. II. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Commission's rules, that Clear Channel Communications, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty two thousand dollars ($22,000) for apparently willfully and repeatedly violating section 73.1216 of the Commission's rules. 11. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty (30) days
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether InterMetro possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to David Olert, InterMetro Communications, Inc., 2685 Park
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- with prior precedent for entities failing to receive prior authorization from the International Bureau, a proposed forfeiture of $100,000 is warranted for Page Plus's apparent willful repeated failure to obtain Section 214 authority from the Commission prior to providing international telecommunications service. IV. ORDERING CLAUSES 16. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, 0.314 and 1.80 of the rules, Start Wireless Group, Inc. d/b/a Page Plus Cellular, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $100,000 for apparently willfully and repeatedly violating Section 214(a) of the Act and Section 63.18 of the rules. 17. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's
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- Bureau's Detorit Office issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $10,000 to Taylor Broadcasting. Taylor Broadcasting has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Taylor Broadcasting Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 73.1125 of the Commission's rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) calendar days of the release of this
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- the Enforcement Bureau's Detroit Office issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $22,000 to R.J. R.J. has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, R.J.'s Late Night Entertainment Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $22,000 for violations of Sections 11.35(a), 73.1690(b)(2), and 73.3527(b)(1) of the Commission's rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) calendar days
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- (Kansas City Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $10,000 to KM Radio. KM Radio has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, KM Radio of Independence, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 303(q) of the Act and Sections 11.35, 17.51, 73.1560(b), and 73.3526 of the Commission's rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- Cleburne Independent School Texas $7,231.32 District Leander Independent School Texas $31,872.31 District Teague Independent School Texas $3,190.56 District TOTAL $891,987.85 Any further reference in this letter to "your conviction" refers to your guilty plea and subsequent sentencing for mail fraud in United States v. Jonathan Michael Slaughter, Criminal Case No. 2:11cr162-MEF-01, Judgment (M.D. Ala. 2012) (Judgment). See 47 C.F.R. S: 0.111 (delegating authority to the Bureau to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the E-Rate program in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (Second Report and Order) (adopting Section 54.521 to suspend and debar parties from
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- 2012, the Division released an Order and Consent Decree settling this enforcement proceeding. Consistent with the terms of the Consent Decree, Mr. Mann has now filed a motion with the Bureau seeking to withdraw the pending Application for Review. We hereby grant Mr. Mann's request. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, Mr. Mann's Motion to Withdraw IS GRANTED. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail, return receipt requested, to Richard Mann d/b/a The Antique Radio Collector, 4231 Willys Parkway, Toledo, OH 43612. FEDERAL COMMUNICATIONS COMMISSION John D. Poutasse Chief Spectrum Enforcement Division
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- Bureau's Detroit Office issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $8,000 to Upper Peninsula. Upper Peninsula has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Upper Peninsula Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for violations of Section 11.35(a) of the Commission's rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's rules within thirty (30) calendar days of the release
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- the FAA maintains an active NOTAM regarding the structure. This statement must be provided to the Houston Office at the address listed in paragraph 13 within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, James A. Davis is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Section 303(q) of the Act and Sections 17.48(a), 17.50, 17.51(a), and 17.57 of the Commission's rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of
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- Diego Office (San Diego Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $8,000 to Casarez. Casarez has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Rosendo Casarez, Jr. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully and repeatedly violating Section 11.35 of the Commission's rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) calendar
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- this case, the Bureau is fully within its authority to consider deterrence as a factor in determining an appropriate forfeiture amount, as the Forfeiture Policy Statement explicitly discusses. See Forfeiture Policy Statement, 12 FCC Rcd at 17098. See NAL Response at 1. Id. at 8. Id. at 6. See id. See 47 U.S.C. S:S: 154(i), 154(j), 403; 47 C.F.R. S:S: 0.111, 0.311. See, e.g., Allcom, Notice of Apparent Liability for Forfeiture and Order, 25 FCC Rcd 9124, 9126 (Enf. Bur. 2010). See, e.g., Norfolk Southern Railway Company KFR86 Atlanta, Georgia, Order, 11 FCC Rcd 519 (Compliance & Information Bur. 1996). Reverend Theodore M. Schultz, File No. EB-02-IH-0128, Letter (Enf. Bur. May 30, 2002). See NAL Response at 5-8. See supra note
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation, as to the Station and/or the Licensee, IS TERMINATED. 7. IT IS FURTHER ORDERED that any third-party complaints and allegations against the Station and/or the Licensee before the Enforcement Bureau related to the above-captioned investigation as of
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- and prior to the Bureau's involvement, which warrants a downward adjustment in the forfeiture amount. Accordingly, having considered the record in this case, we find that Nassau is apparently liable for a forfeiture in the amount of $2,000. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's rules, that Nassau Broadcasting III, LLC, Debtor-in-Possession, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $2,000 for apparently willfully violating Section 73.1206 of the Commission's rules. 11. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release date
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- Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mount Rushmore is apparently liable for a total forfeiture in the amount of twenty-one thousand, five hundred dollars ($21,500). IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Mt. Rushmore Broadcasting, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand, five hundred dollars ($21,500) for violations of Sections 73.1125(a), 73.1125(e), 73.1225(a) and 73.1350(a) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within
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- the Rules. This statement must be provided to the Portland Office at the address listed in paragraph 11 within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and Order. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Pacific Empire Radio Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty five thousand dollars ($25,000) for violations of Section 73.3526(e)(12) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of
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- as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that WOYK is apparently liable for a forfeiture in the amount of $7,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, WOYK Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty (30) calendar days of the release date
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- calendar quarter. This statement must be provided to the Philadelphia Office at the address listed in paragraph 14 within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and Order. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Quinn Broadcasting Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for violations of Sections 73.3526(e)(12) and 17.57 of the Commission's rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty (30) calendar days
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- Office (Miami Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $10,000 to Mr. Cernogg. Mr. Cernogg has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Willis Cernogg, Jr. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) calendar days of the release of this Order.
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- absence of material new evidence relating to these matters, we conclude that our investigations raise no substantial or material questions of fact as to whether Verizon Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to John T. Scott, Vice President and Deputy
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- by the tenth day of the succeeding calendar quarter. This statement must be provided to the Detroit Office at the address listed in paragraph 13 within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Birach Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violations of Sections 73.49, 73.3526(c)(1) and 73.3526(e)(12) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty (30) calendar days
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Horvath possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jacqueline L. Stout, President, Horvath Towers, LLC,
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- the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Townsquare is apparently liable for a total forfeiture of $4,000 for operating its daytime-only station after sunset. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Townsquare Media of Flint, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.1745(a) of the Commission's rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days
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- take to comply with the Section 17.47 monitoring requirements. This statement must be provided to the Houston Office at the address listed in paragraph 11 within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Martin Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act and Sections 17.47(a) and 17.51(a) of the Commission's rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's
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- Rules, and the statutory factors to the instant case, we conclude that Aramark is apparently liable for a forfeiture of $4,000 for each of the unauthorized frequencies on which it operated, for a total forfeiture of $12,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Aramark is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Section 301 of the Act and Section 1.903(a) of the Commission's rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30)
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- $5,000 is warranted. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Rivas is apparently liable for a forfeiture in the amount of $15,000. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Luis Ernesto Rivas, Jr. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Section 301 of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the
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- amount is warranted. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Knighten is apparently liable for a forfeiture in the amount of $15,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Albert R. Knighten, Jr. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Section 301 of the Act. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the
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- documentation and the relevant precedent, we conclude that the Licensee's gross revenues can support paying a reduced forfeiture. Accordingly, we reduce the forfeiture from $4,000 to $3,500 based solely on the financial information that Super W submitted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Super W Media Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand five hundred dollars ($3,500) for violations of Section 73.1350(a) of the Commission's rules. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether StanaCard possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by certified mail, return receipt requested, to Mr. Cheng Yi Liu, Esq., Counsel to StanaCard, LLC, Law Offices
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- Office (Atlanta Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $22,000 to Mr. Young. Mr. Young has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Arthur Lee Young IS LIABLE FOR A MONETARY FORFEITURE in the amount of $22,000 for violations of Sections 301 and 303(n) of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) calendar days of the release of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Level 3 possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Gregory T. Diamond, Corporate Counsel, Level 3
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- in compliance with Section 73.1745(a) of the Rules. This statement must be provided to the Detroit Office at the address listed in paragraph 14, below, within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Birach Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.1745(a) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release
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- of the Rules, and the statutory factors to the instant case, we conclude that Vision Latina Broadcasting is apparently liable for a total forfeiture in the amount of $25,000 for providing incorrect factual information to the Commission. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Vision Latina Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty five thousand dollars ($25,000) for violation of Section 1.17(a)(2) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of
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- Rules, and the statutory factors to the instant case, we conclude that Vision Latina Broadcasting is apparently liable for a total forfeiture in the amount of $15,000 for failing to make available a complete public inspection file. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Vision Latina Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violation of Section 73.3526 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the
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- amount is warranted. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Jean is apparently liable for a forfeiture in the amount of $15,000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Pierre Nixon Jean is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Section 301 of the Act. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release
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- conjunction with the Forfeiture Policy Statement and Section 1.80 of the Rules. Considering the entire record and the statutory factors listed above, we find that A Radio is liable for a forfeiture in the amount of $25,000. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, A Radio Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violating the terms of a Bureau order adopted pursuant to Sections 4(i) and 503(b) of the Act. 7. Payment of the forfeiture shall be made in the manner provided for in Section
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- to this matter, we, the Bureau, conclude that our investigation raises no substantial or material questions of fact as to whether Comcast possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against Comcast before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER
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- the amount of forty-four thousand dollars ($44,000). This represents the base amount for each of the 11 instances in which a WIN-sponsored announcement was broadcast without disclosing that the announcement was sponsored, paid for, or furnished by WIN. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314, and 1.80 of the Commission's rules, that Radio License Holding XI, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of forty-four thousand dollars ($44,000) for its apparent willful violation of the sponsorship identification requirements of section 317 of the Communications Act of 1934, as amended, and section 73.1212 of the Commission's rules. 13.
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- have determined that rescission of the forfeiture is warranted. There is insufficient evidence in the record to establish with any certainty the identity of the person or persons who made the unauthorized transmissions that form the basis of the violation. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED, pursuant to Section 504(b) of the Act, 47 U.S.C. § 504(b), and sections 0.111, 0.311 and 1.80 of the Rules, 47 C.F.R. §§ 0.111, 0.311, and 1.80, that the Notice of Apparent Liability for Forfeiture issued against Bruce Alesso IS RESCINDED. 6. IT IS FURTHER ORDERED that a copy of this Order shall be sent certified mail, return receipt requested, to Bruce Alesso, in care of his counsel of record. FEDERAL COMMUNICATIONS COMMISSION David
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- evidence relating to this matter, we conclude that there are no substantial and material questions of fact as to whether Sprint possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act, 47 U.S.C. § 154(i), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned case as well as the Commission staff inquiry into the matter described herein ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b) and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that MCI's Motion For Voluntary Dismissal IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint (i.e., E-95-35) IS DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. IT IS FURTHER ORDERED that the above-captioned supplemental complaint for damages (i.e., 99-16S) solely as it pertains to MCI's claims against
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- for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201, 202, 208, 258, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201, 202, 208, 258, and 276, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the parties' Joint Motion To Dismiss IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-682 Federal Communications Commission DA
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- the same damages, arising from the same transaction, that are at issue in the FCC Complaint. Accordingly, we dismiss COMSAT's FCC Complaint with prejudice. V. ORDERING CLAUSE 30. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 207, and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 207, 208, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the formal complaint in this proceeding IS DISMISSED WITH PREJUDICE and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 208. 47 U.S.C. §§ 751-757 (Maritime Satellite Act or Inmarsat Act). COMSAT also refers to the Inmarsat Convention, the Inmarsat Operating
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- nor detailed those measures, nor explained why its efforts in this regard warrant consideration as a mitigating factor. In sum, we believe that the nature of the apparent violation requires the imposition of the base monetary forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, WCMQ Licensing, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000.00) for violating Section 73.1206 of the Commission's rules, which prohibits broadcasters from airing telephone conversations without first informing the parties to such conversations of their intention to do so. 7. IT IS
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- a forfeiture of $2,000 as the base amount for violation of the enhanced underwriting requirements. In this case, we believe that a forfeiture of $1,000 is appropriate due to the prior unblemished enforcement record of the licensee. IV. Ordering Clauses 9. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Southern Rhode Island Public Radio Broadcasting, Inc., licensee, noncommercial educational Station WBLQ(FM), Westerly, Rhode Island, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of One Thousand Dollars ($1,000.00) for willfully and repeatedly violating 47 U.S.C. Section 399b and Section 73.503 of the Commission's rules. 10. IT IS FURTHER ORDERED,
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- believe a $4,000 forfeiture is appropriate in this case. We note that a station controlled by Citicasters' corporate parent recently committed a similar violation. Future violations by stations owned by these entities will likely result in significantly higher forfeitures. Ordering clauses ACCORDINGLY, IT IS ORDERED THAT pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Citicasters Co. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 73.1216 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days of the release of this Notice, Citicasters
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- forfeiture is an appropriate tool to punish its prior violations and to ensure future compliance with our rules. We believe a $4,000 forfeiture will act as an appropriate punishment and deterrent without unduly disrupting WS's ability to serve the public. Ordering clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, WS Communications, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000), for its willful and repeated violations of Section 73.3526 of the Commission's rules, 47 C.F.R. § 73.3526. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's rules
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- instance within the [agency's] discretion.'' Id., 88 F.3d at 747, citing NLRB v. Bell Aerospace Co., 416 U.S. 267, 294 (1974). Infinity has wholly failed to show that there has been any abuse of that discretion in this case. IV. Ordering Clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, Infinity Broadcasting Corporation of Washington, D.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000), for its willful violation of Section 73.1206 of the Commission's rules, 47 C.F.R. § 73.1206. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's
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- this matter, we conclude that there are no substantial and material questions of fact as to whether IBM possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 4(j) of the Communications Act, 47 U.S.C. §§ 154(i), 154(j), and the authority delegated in Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the attached Consent Decree is hereby ADOPTED. IBM may make its voluntary contribution to the United States Treasury by credit card through the Commission's Credit and Debt Management Center at (202) 418-1995 or by mailing a check or similar instrument, payable to the order of the Federal
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- incorrectly stated that the Commission's forfeiture guidelines establish a base amount of $11,000 for violations of this nature. The correct base forfeiture amount for operation of a radio station without a valid Commission license or authorization is $10,000. We therefore reduce the forfeiture amount to $10,000. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jean R. Jonassaint, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willful and repeated violation of the provisions of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release
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- a forfeiture. In this case, we believe the base amount of $1,000, set by the Forfeiture Policy Statement, is insufficient. We conclude that an upward adjustment of $500 is warranted for the intentional and repeated aspects of the violation. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b) and sections 0.111, 0.311 and 1.80(f) of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80(f), Bay Broadcasting Corporation IS NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of one thousand five hundred dollars ($1,500). The forfeiture is imposed for willful and repeated violations of section 73.1201 of the Commission's rules, 47 C.F.R. § 73.1201, which requires regular broadcasts of
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- forfeitures, as provided by SBREFA. See Jerry Szoka, 14 FCC Rcd 9857, 9866 (1999), recon. denied 14 FCC Rcd 20147 (1999). Using this guidance, we do not find that Callcomm is entitled to a further reduction or cancellation of the forfeiture amount. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Colorado Callcomm, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days of the release of this
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- Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') to La Favorita in the amount of four thousand dollars ($4,000) for the noted violation. La Favorita has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, La Favorita, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willful violation of Section 1.89(b) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days of the release of this Order.
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- Commission's Rules. 3. On July 26, 1999, the Commission's Wireless Telecommunications Bureau issued a Notice of Apparent Liability (``NAL'') for a $2,000 monetary forfeiture. Redondo Beach has not filed a response. Based on the information before us, we affirm this forfeiture. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, the City of Redondo Beach, California IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for willful and repeated violations of Section 301 of the Act, former Section 90.113 of the Rules, and current Section 1.903(a) of the Rules. 5. Payment of the forfeiture shall
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- and our broadcast indecency standard.'' 15 FCC Rcd at 2518-19, citing Reno v. ACLU, 521 U.S. at 868-70. Thus, we find no merit to Infinity's argument that Reno v. ACLU invalidates the ``foundation of the NAL'' assessed against it. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, Infinity Broadcasting Corporation of Los Angeles IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully violating 18 U.S.C. § 1464. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's rules within 30 days of the release of
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- discrimination claim (that the services at issue are ``like''), and its claim under section 202(a) of the Act is therefore denied. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 201(b), 202(a), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 201(b), 202(a), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the formal complaint filed by Metrocall, Inc. against WorldCom, Inc., IS DENIED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311
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- resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the motion for withdrawal of the above-captioned complaint IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. 5. IT IS FURTHER ORDERED that this Order is effective immediately upon release thereof. FEDERAL COMMUNICATIONS COMMISSION Glenn T.
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- Houston Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of seventeen thousand dollars ($17,000) to Mr. Martin. Mr. Martin has not filed a response. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Leonard D. Martin, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willful and repeated violation of the provisions of Sections 301 and 303(n) of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of
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- terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating this inquiry. 4. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C §§ 154(i) and 154(j), and the authority delegated in Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the attached Consent Decree is hereby ADOPTED. 5. Raide and Radio Corporation may, collectively or individually, make the voluntary contribution referenced in the Consent Decree to the United States Treasury by credit card through the Commission's Credit and Debt Management Center at (202) 418-1995 or by mailing
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- and we see no reason to await issuance of the guidelines before imposing the forfeiture order in this case. In the absence of any substantive response to our NAL, we impose a forfeiture for the full amount originally proposed. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, Citicasters Co. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating 18 U.S.C. § 1464. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's rules within 30 days of the release of this Forfeiture Order. If
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- Washington Field Office issued a Notice of Apparent Liability for Forfeiture in the amount of seven thousand dollars ($7,000) to Reier for the noted violation. Reier has not filed a response. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Reier Broadcasting Company, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for failing to enclose its AM antenna tower within an effective locked fence in violation of Section 73.49 of the Commission's Rules. Payment of the forfeiture shall be made in the manner provided for in
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- hereto and incorporated by reference. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the staff's investigation. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j) and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, that the attached Consent Decree IS ADOPTED. Samsung may make its voluntary contribution to the United States Treasury by credit card through the Commission's Debt and Credit Management Center at (202) 418-1995 or by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture Collection Section,
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- will, therefore, retain a record of this violation, and the violation will be considered in determining an equitable penalty in the event any future violations occur. Accordingly, we admonish the College to carefully follow all Commission Rules in its current and future operation of KCOZ. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 504(b) of the Act and Sections 0.111, 0.311, and 1.80 of the Rules, the $8,000 forfeiture issued to the College of the Ozarks IS RESCINDED to the extent explained in this Order. 5. IT IS FURTHER ORDERED that, a copy of this Order shall be sent by certified mail, return receipt requested, to the College of the Ozarks, Point Lookout, Missouri 65726. FEDERAL COMMUNICATIONS COMMISSION David H.
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- does not demonstrate that further reduction of the forfeiture for this violation is warranted. We agree, however, that Culpeper's history of overall compliance does warrant a reduction of the forfeiture for the fencing violation. Accordingly, we reduce the total forfeiture to $7,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Culpeper Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of the provisions of Sections 73.49 and 73.1560(a) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- amended, 47 U.S.C. § 201(b). As damages for this violation, Bell Atlantic must pay Rainbow $345,600, including interest computed as set forth above. V. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 201(b), and 208, and authority delegated pursuant to sections 0.111 and 0.333 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.333, that the formal complaint filed in this matter by Rainbow Programming Holdings is hereby GRANTED in part as indicated herein. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), 206, 208 and 209 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 206, 208 and
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- Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of twelve thousand dollars ($12,000) to Morradio, Inc. for the referenced violations. Morradio has not filed a response. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Morradio, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,000 for willful violation of the provisions of Sections 11.35(a), 73.1690(b), and 73.3538(a)(4) of the Commission's Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of
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- Under these guidelines, we consider a licensee's ability to pay as a relevant factor in assessing forfeitures. Our review of Ms. Gizzo's tax returns leads us to conclude that the forfeiture should be further reduced from the $4,000 base forfeiture amount to $2,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Sandra J. Gizzo, IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for operation of a transmitter on 938.1125 MHz at an unauthorized location in willful and repeated violation of Section 301 of the Act and former Section 90.113 of the Rules. IT IS FURTHER ORDERED that Sandra J.
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- that cancellation of the proposed forfeiture is not justified and that the proper forfeiture amount is $4,000. IV. ORDERING CLAUSES 17. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 1.113(b) of the Rules, the Forfeiture Order (DA 00-1428) released June 26, 2000, IS SET ASIDE. 18. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Leonard D. Martin, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willful and repeated violation of the provisions of Sections 301 and 303(n) of the Act. 19. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.'' After reviewing all of the circumstances, we believe a $7,000 forfeiture is appropriate in this case. Ordering Clauses ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Communicast Consultants, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating Section 503(b)(1)(D) of the Communications Act of 1934, as amended, and Section 73.3999 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules,
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- to a further reduction or cancellation of the forfeiture amount. 11. After examining ARS Broadcasting's response to the NAL under Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we find that $7,000 is the appropriate forfeiture amount in this case. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, ARS Broadcasting Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 73.49 of the Commission's Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days of the release of
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- in appropriate cases, demonstrate licensee's ``good faith'' effort to comply with Commission rules and justify mitigation). In sum, we believe that the nature of the apparent violations require the imposition of the respective base monetary forfeiture amounts. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Kevin Hackler is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand dollars ($11,000) for violating the provisions of the Act and the Commission's rules requiring licensees to obtain Commission authorization prior to transferring substantial station control, pursuant to Section 310(d) of the Act and Section 73.3540
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- may, in appropriate cases, demonstrate licensee's ``good faith'' effort to comply with Commission rules and justify mitigation). In sum, we believe that the nature of the apparent violation requires the imposition of the base monetary forfeiture amounts. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Kenneth Paul Harris, Sr. is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating the provisions of the Act and the Commission's rules requiring persons to obtain Commission authorization prior to assuming substantial station control, pursuant to Section 310(d) of the Act and
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- terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating this proceeding. 5. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C §§ 154(i) and 154(j), and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, 47 C.F.R. §§ 0.111 and 0.311, that the attached Consent Decree is hereby ADOPTED. 6. IT IS FURTHER ORDERED that the voluntary contribution referenced in the Consent Decree shall be paid by a check or money order drawn to the order of the ``Federal Communications Commission.'' Reference should be made on the check or
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- PNI licensee, WBC has not demonstrated that its conduct warrants a reduction of its proposed forfeiture. Quite the opposite, WBC's intentional misconduct justifies use of the upward adjustment criteria cited in the NAL. The proposed forfeiture is fully justified and should be imposed. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80 of the Commission's rules, WRHC Broadcasting Corp. FORFEIT to the United States the sum of twenty-two thousand five hundred dollars ($22,500) for violating the terms and conditions of its license and the Commission's rules requiring operation within the parameters set forth in the license, and requiring express permission prior to a permittee's operation or commencement of program
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- to be more egregious than the typical case in that Citicasters' disc jockeys apparently broke Ms. Sage's answering machine code in order to access the recorded conversation, we are adjusting the proposed forfeiture up to $6,000. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that Citicasters Co. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of six thousand dollars ($6,000) for willfully violating Section 73.1206 of the Commission's rules, 47 C.F.R. § 73.1206. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that
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- set forth in Section 503(b)(2)(D) of the Act, including Advanced TelCom's prior record of compliance, were taken into account in setting the proposed forfeiture at $3,000 for both stations. Accordingly, we find that no further downward adjustment of the forfeiture amount is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Advanced TelCom, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand ($3,000) for willfully violating Section 1.949 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- PJB Communications of Virginia, Inc., 7 FCC Rcd 2088 (1992). In view of the number and seriousness of Booth's violations and the gross revenues indicated by Booth's tax returns, we conclude that it is appropriate to reduce Booth's forfeiture from $20,000 to $5,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Booth-Newsome Broadcasting, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for willfully and repeatedly violating Sections 11.35, 73.1590(a)(6), 73.1590(b), and 73.3526(a)(2) of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days of
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- other commitments and representations in the Consent Decree, we believe that approving the Consent Decree and terminating the forfeiture proceeding will serve the public interest. Furthermore, we find that no substantial or material question of fact exists regarding SouthEast's basic qualifications to hold a Commission license. 4. Accordingly, IT IS ORDERED, pursuant to Sections 4(i)-(j) of the Act, and Sections 0.111 and 0.311 of the Rules, that the Consent Decree, incorporated by reference in and attached to this Order, IS ADOPTED. 5. SouthEast may make its voluntary contribution to the United States Treasury by credit card through the Commission's Credit and Debt Management Center at (202) 418-1995, or by mailing a check or similar instrument, payable to the order of the
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- (1999). In this case, we consider Stone/Collins' voluntary disclosure of its violation and the nature of the station to be mitigating factors. Considering the record as a whole, we believe that a $3,000 forfeiture is appropriate. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that Stone/Collins Communications, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of three thousand dollars ($3,000) for willfully and repeatedly violating Section 310(d) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. § 310(d), and Section 73.3540(a) of the
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- of apparent liability. If NATN continues to violate the Commission's universal service rules, such violations could result in future notices of apparent liability proposing substantially greater forfeitures, or could result in issuance of a show cause order to revoke NATN's operating authority. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80 of the Commission's Rules, North American Telephone Network is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifty-five thousand dollars ($55,000) for violating the Act and the Commission's rules requiring regular contributions for universal service. 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within thirty days
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- 1998, and $10,660 in 1997. After considering this information, we conclude that requiring Mr. Sanders to pay a $6,000 forfeiture would impose a financial hardship. Finally, we will refer Mr. Sanders' submission of his authorizations for Stations KNKL513, KNKD291 and KNKD302 to the Wireless Bureau for cancellation as requested. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the forfeiture in the amount of six thousand dollars ($6,000) proposed in the NAL IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail Return Receipt Requested to D.A. Sanders, 1611 Baden Powell Drive, Hawthorne, Florida 32640, and to his counsel, Lewis Goldman, 4141 North Henderson
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the parties' Joint Motion To Dismiss With Prejudice IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau (continued....) Federal Communications Commission DA 00-1920 Federal
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- of the violation (February 26, 1999), we believe that Three Eagles can only receive limited credit for its prior record of compliance. Based upon our consideration of the record as a whole, we believe a $6,000 forfeiture is appropriate. IV. Ordering Clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, Three Eagles of Columbus, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000), for its willful violation of 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999. Payment of the forfeiture shall be made in the manner provided for in Section
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- Upon review of the particular circumstances in this case and in accordance with the discretion afforded to the Commission by Section 504 of the Act and implemented by Section 1.80(i) of the Rules, we have determined that rescission of the proposed forfeitures is warranted. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED, pursuant to Section 504(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, that the Notices of Apparent Liability for Forfeiture issued against Chadmoore and PTT Maple ARE RESCINDED. 8. IT IS FURTHER ORDERED that, a copy of this Order shall be sent certified mail, return receipt requested, to the Chadmoore Communications Group and PTT Maple, Inc., 2875 E. Patrick Lane, Suite G, Las Vegas, Nevada 89120.
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- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208 and 222(e) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208 and 222(e), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. § 0.111 and 0.311, that the joint motion to dismiss the above-captioned complaint with prejudice IS GRANTED. 5. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission
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- respond could result in a forfeiture. Nonetheless, because Diamond apparently believed that American Tower was responsible for responding, and taking into account all the factors required under Section 503(b)(2)(D) of the Act, we find that the proposed forfeiture should be reduced to $500. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Diamond Services Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $500 for violating Section 1.89(b) of the Commission's Rules, which requires the recipient of a Notice of Violation to respond in writing within a specific time period. Payment of the forfeiture shall be made in the manner provided for in
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- specifically identify the basis for the claim by reference to the financial documentation submitted. Mr. LaPierre has not provided the necessary proof to evaluate his claim. Indeed, he has provided no information at all regarding his inability to pay. 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Richard E. LaPierre IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for violating Section 1.89(b) of the Rules. 7. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the forfeiture is
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- for Station WSI674 after the expiration of the authorization. 7. Further, without supporting documentation, we are unable to evaluate Telnet's financial condition and cannot assess its ability to pay the forfeiture amount. Consequently, we must deny its request for cancellation or reduction. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Telnet IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for violating Section 1.949 of the Rules by failing to file a license renewal application for Station WSI674 prior to the expiration of the authorization for the station. 9. Payment of the forfeiture shall be made in the manner
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- cut her off. In light of the licensee's record of compliance with the Commission's rules, however, we believe a downward adjustment is appropriate. After reviewing all of the circumstances, we believe a $6,000 forfeiture is appropriate in this case. IV. Ordering Clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Regent Licensee of Flagstaff, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of six thousand dollars ($6,000) for willfully violating 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's Rules, that within thirty days
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- the NAL pursuant to the statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Kona Koast has failed to provide a sufficient justification for canceling or mitigating the proposed forfeiture amount. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Kona Koast Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10 ,000 for the willful violation of Section 73.1213(b) of the Rules setting forth the painting and lighting requirements for radio towers. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
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- enabling the parties to resolve this matter expeditiously through a private dispute resolution process, without unnecessary expenditure of further administrative resources by the Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b) and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b) and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the parties' Joint Motion to Dismiss AT&T's Supplemental Complaints Without Prejudice IS GRANTED. IT IS FURTHER ORDERED that section 1.722(b)(2)(ii) of the Commission's rules, 47 C.F.R. § 1.722(b)(2)(ii), shall not be applied to any renewed supplemental complaints that may be filed hereafter by AT&T against Qwest. IT
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- by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 203(c)(1), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), 203(c)(1), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. § 0.111 and 0.311, that the joint motion to dismiss the above-captioned complaint with prejudice IS GRANTED. 5. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission
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- and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b) and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b) and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the WorldCom Joint Motion to Dismiss and the One Call Joint Motion to Dismiss ARE GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Frank G. Lamancusa Deputy Chief, Market Disputes Resolution Division
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- a factor in assessing forfeitures, the information Berkshire has provided does not establish such a claim. Berkshire has not provided any documentation from which its financial condition can be assessed. Thus, we do not find any basis for mitigation on this ground. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Berkshire IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand five hundred dollars ($4,500) for violating Section 1.949 of the Rules by failing to file license renewal applications for Stations KCA237, KNKC731, and KNKC816 prior to the expiration of the authorizations for the stations. 10. Payment of the forfeiture shall be
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- and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b) and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b) and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-2135 _______________________________________________________________________
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- promoting the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and the Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the joint motion to dismiss the above-captioned complaints IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the
- http://transition.fcc.gov/eb/Orders/da002145.doc http://transition.fcc.gov/eb/Orders/da002145.txt
- its ability to pay the forfeiture. Preliminarily, Vincent Communications limits its documentation to the revenue generated by paging stations KNKK227, KNKK231, and KNKK233. Thus, we have no information about the financial condition of Vincent Communications as a corporate entity. 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Vincent Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,500 for violating Section 1.949 of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the forfeiture is
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- FCC 2d 289, 291 (Broadcast Bureau 1977), citing Executive Broadcasting Corp., 3 FCC 2d 699 (1966). Considering the record as a whole, we believe that a $10,000 forfeiture is appropriate for the violations in this case. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that Riverside Broadcasting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 73.3526 of the Commission's rules, 47 C.F.R. § 73.3526. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and the Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Motion for Leave to Dismiss Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint is DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Frank G. Lamancusa Deputy Chief, Market Disputes Resolution Division Enforcement Bureau AirTouch is now known as
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- respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.'' After reviewing all of the circumstances, we believe a $7,000 forfeiture is appropriate in this case. Ordering Clauses ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Citicasters Co. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating Section 503(b)(1)(D) of the Communications Act of 1934, as amended, and Section 73.3999 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that
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- culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.'' See 12 FCC Rcd at 17110. After reviewing all of the circumstances, we believe a $7,000 forfeiture is appropriate in this case. IV. Ordering Clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Citicasters Co. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's Rules, that within thirty days of the release
- http://transition.fcc.gov/eb/Orders/da002201.doc http://transition.fcc.gov/eb/Orders/da002201.txt
- that the appropriate forfeiture amount is $3,000. We believe a justified increase in the base amount due to the fact that several licenses were involved is appropriately offset by the fact that Snider voluntarily disclosed the violations in less than 90 days. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Snider, IS LIABLE FOR A MONETARY FORFEITURE in the amount $3,000 for willful violation of Section 1.949 of the Rules, which requires that license renewal applications be filed prior to expiration. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
- http://transition.fcc.gov/eb/Orders/da002245.doc http://transition.fcc.gov/eb/Orders/da002245.txt
- public interest by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 271 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and 271, and the authority delegated in sections 0.111, 0.311, and 1.115 of the Commission's rules, 47 C.F.R. § 0.111, 0.311, and 1.115, that AT&T's application for review IS DISMISSED WITH PREJUDICE, and that the captioned proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. § 208. 47 C.F.R. § 1.730. AT&T also originally named BellSouth Corporation and BellSouth Telecommunications,
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- terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating this proceeding. 5. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C §§ 154(i) and 154(j), and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, 47 C.F.R. §§ 0.111 and 0.311, that the attached Consent Decree is hereby ADOPTED. 6. IT IS FURTHER ORDERED that the voluntary contribution referenced in the Consent Decree shall be paid by a check or money order drawn to the order of the ``Federal Communications Commission.'' Reference should be made on the check or
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- we reject Capstar's claim that it is entitled to a reduction based upon a record of overall compliance with the Commission's rules. Accordingly, after reviewing all of the circumstances, we believe a $7,000 forfeiture is appropriate in this case. IV. Ordering Clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Capstar TX Limited Partnership is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's Rules, that within thirty days of
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- Oregon, Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of ten thousand dollars ($10,000) to Oregon Pacific. Oregon Pacific has not filed a response. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Oregon Pacific Railroad Company, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willful and repeated violation of the provisions of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the
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- Georgia, Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of seven thousand dollars ($7,000) to La Favorita. La Favorita has not filed a response. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, La Favorita, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willful violation of the provisions of Sections 1.89 and 17.4 of the Commission's Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the
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- operations, which typically have been subject to forfeitures of approximately $10,000. Taking these facts into consideration and all of the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 is warranted. IV. Ordering Clauses 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 22.3 of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the Act, 47
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- Commission staff. We are satisfied that dismissing the complaint will serve the public interest by furthering the orderly adjudication of the parties' dispute. 6. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 202(a), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 202(a), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. § 0.111 and 0.311, that the joint motion to dismiss the above-captioned complaint without prejudice IS GRANTED. 7. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITHOUT PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau The Commission granted
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- once CCI closes on the sale, the forfeiture will no longer have an impact upon station operations. After reviewing all of the factors required by Section 503(b)(2)(D) of the Act, we believe a $7,000 forfeiture is appropriate in this case. Ordering Clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, Communicast Consultants, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000), for its willful violation of 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- for sponsorship identification violations. After considering the record and all of the factors contained in Section 503(b)(2)(D) of the Act, 47 U.S.C. § 503(b)(2)(D), and the Forfeiture Policy Statement, we believe a $4,000 forfeiture is appropriate in this case. Ordering clauses ACCORDINGLY, IT IS ORDERED THAT pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, AMFM is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 73.1212 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days of the release of this Notice, AMFM SHALL
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- for sponsorship identification violations. After considering the record and all of the factors contained in Section 503(b)(2)(D) of the Act, 47 U.S.C. § 503(b)(2)(D), and the Forfeiture Policy Statement, we believe a $4,000 forfeiture is appropriate in this case. Ordering clauses ACCORDINGLY, IT IS ORDERED THAT pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, AMFM is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 73.1212 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days of the release of this Notice, AMFM SHALL
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- Agent Office issued a Notice of Apparent Liability for Forfeiture in the amount of four thousand dollars ($4,000) to American for the noted violation. American has not filed a response. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, (``Act'') and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, American Radio Brokers, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for failing to respond to written Commission inquiries in violation of Section 1.89 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b) and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b) and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaints ARE DISMISSED WITH PREJUDICE and that these proceedings ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-2320
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- Report and Order suggested that licensees who failed to comply with this requirement would be free from enforcement action. Consequently, we reject Mills' claim that the Wireless Bureau's action represents a retroactive application of a new policy, and affirm the $1,500 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, William S. Mills IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violating Section 1.949 of the Rules by failing to file a license renewal application for Station KNKO605 prior to the expiration of the authorization for the station. 10. Payment of the forfeiture shall be
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- operations, which typically have been subject to forfeitures of approximately $10,000. Taking these facts into consideration and all of the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 is warranted. IV. Ordering Clauses 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules Econopage is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 22.3 of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the Act,
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- evidence relating to this matter, we conclude that there are no substantial and material questions of fact as to whether Verizon possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act, 47 U.S.C. § 154(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the Commission staff inquiry into the matter described here IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) File No. EB-00-TC-053
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- (1997), recon. denied 15 FCC Rcd 303 (1999). Currently, there is nothing before us to suggest that the base amount should be increased or decreased. Accordingly, we believe that a forfeiture of $8,000 forfeiture is appropriate. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that K.I.D.S. - TV6 is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully and repeatedly violating Section 310(d) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. § 310(d), and Section 73.3540(a) of the
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- 17113 (1997), recon. denied 15 FCC Rcd 303 (1999). Currently, there is nothing before us to suggest that the base amount should be increased or decreased. Accordingly, we believe that a forfeiture of $8,000 is appropriate. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that Bear Valley Broadcasting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully and repeatedly violating Section 310(d) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. § 310(d), and Section 73.3540(a) of
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- operations, which typically have been subject to forfeitures of approximately $10,000. Taking these facts into consideration and all of the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 is warranted. IV. Ordering Clauses 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, US Unwired is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 22.3 of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-2380 _______________________________________________________________________
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- terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating this proceeding. 5. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C §§ 154(i) and 154(j), and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, 47 C.F.R. §§ 0.111 and 0.311, that the attached Consent Decree is hereby ADOPTED. 6. IT IS FURTHER ORDERED that the voluntary contribution referenced in the Consent Decree shall be paid by a check or money order drawn to the order of the ``Federal Communications Commission.'' Reference should be made on the check or
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- of $2,000 to the base forfeirture amount. In total, based on all of the evidence before us, we find that El Mundo is apparently liable for a forfeiture in the amount of six thousand dollars ($6,000). Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that El Mundo Broadcasting Corp. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of six thousand dollars ($6,000) for willfully violating Section 73.1206 of the Commission's rules, 47 C.F.R. § 73.1206. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's
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- of fact exist as to whether OnSat possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. 5. We believe that the public interest will be served by adopting the Consent Decree and terminating our inquiry. 6. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and (j) of the Act, and Sections 0.111 and 0.311 of the Commission's Rules, that the Consent Decree, incorporated by reference in and attached to this Order, IS ADOPTED. 7. IT IS FURTHER ORDERED that OnSat shall make its voluntary contribution to the United States Treasury by credit card through the Commission's Credit and Debt Management Center at (202) 418-1995, or by mailing a check or similar instrument,
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-2401
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- hereto and incorporated by reference. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the staff's investigation. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j) and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, that the attached Consent Decree IS ADOPTED. QUALCOMM shall make its voluntary contribution to the United States Treasury by credit card through the Commission's Debt and Credit Management Center at (202) 418-1995, or by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Federal Communications Commission, Forfeiture
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaints ARE DISMISSED WITH PREJUDICE and that the above-captioned proceedings ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA
- http://transition.fcc.gov/eb/Orders/da002441.doc http://transition.fcc.gov/eb/Orders/da002441.txt
- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and the Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Consent Motion for Withdrawal of Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint is DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau U S West is now known
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- this proceeding and that TSIA is therefore barred from further litigating its claims in this proceeding. We therefore dismiss the complaint. V. ORDERING CLAUSE 23. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 201(b), 203, and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 201(b), 203, 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 208. 47 U.S.C. §§ 201(b), 203. Joint Statement of Stipulated Facts, Disputed Facts, and Key Legal Issues, File No. E-97-25 (filed Sept. 2,
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- before us. In light of AT&T's commitment to be bound by the various principles set forth in the Consent Decree, we believe that the public interest would be served by approving the Consent Decree and terminating the investigation. 7. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act, 47 U.S.C. § 154(i), and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Decree attached hereto IS ADOPTED. 8. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 226(b)(1); 47 C.F.R. §§ 64.703(a)(3), (a)(4). 47 U.S.C. § 226(b)(1); 47 C.F.R. §§ 64.703(a)(3), (a)(4). ``Operator services'' is
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- before us. In light of WorldCom's commitment to be bound by the various principles set forth in the Consent Decree, we believe that the public interest would be served by approving the Consent Decree and terminating the investigation. 7. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act, 47 U.S.C. § 154(i), and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Decree attached hereto IS ADOPTED. 8. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 226(b)(1); 47 C.F.R. §§ 64.703(a)(3), (a)(4). 47 U.S.C. § 226(b)(1); 47 C.F.R. §§ 64.703(a)(3), (a)(4). ``Operator services'' is
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- before us. In light of USLD's commitment to be bound by the various principles set forth in the Consent Decree, we believe that the public interest would be served by approving the Consent Decree and terminating the investigation. 7. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act, 47 U.S.C. § 154(i), and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Decree attached hereto IS ADOPTED. 8. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 226(b)(1); 47 C.F.R. §§ 64.703(a)(3), (a)(4). 47 U.S.C. § 226(b)(1); 47 C.F.R. §§ 64.703(a)(3), (a)(4). ``Operator services'' is
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- by the Commission. If the Commission does not receive a joint motion to dismiss by that date, Commission staff will resume action in this proceeding. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion To Hold In Abeyance IS GRANTED to the extent discussed above. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-2461 _______________________________________________________________________
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- have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 503(b) of the Communications Act, 47 U.S.C. §§ 154(i), 154(j), and 503(b), and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Consent Decree, incorporated by reference in and attached to this order, is hereby ADOPTED. IT IS FURTHER ORDERED that the above captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau In the Matter of Bell Atlantic Delaware, et al. v. Frontier Communications,
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- because of the purported resultant financial hardship that payment would cause. 7. However, we note that Page-A-Phone is a longstanding Commission licensee with no prior violations. Therefore, we find that a reduction to $1,500 for Page-A-Phone's history of overall compliance is appropriate. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Page-A-Phone IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violating Section 1.949 of the Rules by failing to file license renewal applications for Stations WRV927 and WXR916 prior to the expiration of the authorizations for the stations. 9. Payment of the forfeiture shall be made
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- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Crown has failed to provide sufficient justification for canceling or mitigating the proposed forfeiture amount. Therefore, we affirm the forfeiture of ten thousand dollars ($10,000). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Crown Communication, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to exhibit medium intensity obstruction lighting on its antenna structure in willful and repeated violation of Section 17.51(b) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section
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- the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201, 202, 203, and 251(a) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201, 202, 203, and 251(a), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Joint Motion to Dismiss Without Prejudice IS GRANTED. IT IS FURTHER ORDERED that the Joint Motion to Dismiss filed November 6, 2000 is DENIED AS MOOT. 5. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITHOUT PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS
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- reasons stated in our May 8 Order, we find that section 207 bars COMSAT from making the same claims here against IDB's privy, Stratos. IV. ORDERING CLAUSE 31. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 207, and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 207, 208, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the formal complaint in this proceeding IS DISMISSED WITH PREJUDICE and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 208. 47 U.S.C. §§ 751-757 (Maritime Satellite Act or Inmarsat Act). COMSAT also refers to the Inmarsat Convention, the Inmarsat Operating
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- by the Commission. Lilley has not, however, presented sufficient grounds to show that dismissal without prejudice would serve the public interest. We therefore dismiss the complaint with prejudice. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i) and (4(j) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the motion to dismiss the above captioned complaint without prejudice, filed by Pamela A. Lilley on August 30, 2000, IS GRANTED to the extent indicated herein and IS OTHERWISE DENIED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS
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- operations, which typically have been subject to forfeitures of approximately $10,000. Taking these facts into consideration and all of the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 is warranted. IV. Ordering Clauses 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Ford is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 22.3 of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the Act,
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- operations, which typically have been subject to forfeitures of approximately $10,000. Taking these facts into consideration and all of the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 is warranted. IV. Ordering Clauses 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules Page-Comm is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 22.3 of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the Act,
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- operations, which typically have been subject to forfeitures of approximately $10,000. Taking these facts into consideration and all of the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 is warranted. IV. Ordering Clauses 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules Ohio Bell is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 22.3 of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the
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- operations, which typically have been subject to forfeitures of approximately $10,000. Taking these facts into consideration and all of the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 is warranted. IV. Ordering Clauses 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Star Communications is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 22.3 of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the
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- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 202(a), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 202(a), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the joint motion to dismiss the above-captioned complaint with prejudice IS GRANTED. 5. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission
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- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the joint motion to dismiss the above-captioned complaint with prejudice IS GRANTED. 5. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission
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- Gaffney Broadcasting, Inc., 23 FCC 2d 912, 913 (1970), citing Eleven Ten Broadcasting Corp., 33 FCC 706 (1962). In sum, we believe that the nature of the apparent violation requires the imposition of the base monetary forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Clear Channel Broadcasting Licenses, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000.00) for violating Section 73.1206 of the Commission's rules, which prohibits broadcasters from airing telephone conversations without first informing the parties to such conversations of their intention to do so. 7.
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaints ARE DISMISSED WITH PREJUDICE and that these proceedings ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar, Deputy Chief Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-2723
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- Forfeiture Guidelines set a base forfeiture amount of $7,000 for transmission of indecent/obscene materials. After considering all the facts and circumstances, we believe the base forfeiture amount is the appropriate sanction and that neither an upward nor downward adjustment should be made. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80 of the Commission's rules, CBS Radio License, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating the 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules. 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within thirty
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceedings IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar, Deputy Chief Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-2731
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- Telemundo apparently twice exceeded the commercial limits established in Section 73.670 during the relatively short period covered by the Bureau investigation. Under these circumstances, we believe a forfeiture in the amount of $16,000 is appropriate. IV. Ordering Clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that TELEMUNDO OF PUERTO RICO LICENSE CORP. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of sixteen thousand dollars ($16,000) for willfully and repeatedly violating Section 73.670 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's
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- comparable to ``pirate'' wireless operations, which typically have been subject to forfeitures of approximately $10,000. Taking into consideration all of the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $6,000 is warranted. Ordering Clauses 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Commercial Radio is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $6,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 1.903(a) of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the
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- to pay, Skywave has submitted financial data for 1997 through 1999, and has requested that we keep its financial information confidential. After reviewing the financial data submitted, we find no evidence in Skywave's response that would support a reduction of the forfeiture amount. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Skywave Electronics, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount $7,000 for violating the provisions of Section 302 of the Act and Section 2.907 of the Rules, which require radio frequency devices to be properly authorized, identified, and labeled in accordance with the Commission's Rules prior to their sale, offer for sale,
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- operations, which typically have been subject to forfeitures of approximately $10,000. Taking these facts into consideration in conjunction with the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 is warranted. IV. Ordering Clauses 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules Checkpoint is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 1.903(a) of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the Act
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- occurred. Licensees are expected to know and comply with the Commission's Rules, and will not be excused for violations thereof, absent clear mitigating circumstances. GNOTS Reserve has not presented any mitigating circumstances that would warrant reducing or eliminating the forfeiture. 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, GNOTS Reserve, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for violating Section 80.373(f) of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the forfeiture is
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- prior adjudicated FCC-related misconduct by Fisher. In addition, we have taken into account the sanctions handed down against other similarly situated licensees. On balance, we believe a forfeiture in the amount of $25,000 is appropriate. IV. Ordering Clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that FISHER BROADCASTING, INC. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 73.670 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within
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- terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating this proceeding. 5. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C §§ 154(i) and 154(j), and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, 47 C.F.R. §§ 0.111 and 0.311, that the attached Consent Decree is hereby ADOPTED. 6. IT IS FURTHER ORDERED that the above captioned forfeiture proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 C.F. R. Sections 97.101(a), 97.101(d), 97.113(a)(4), 97.119(a). Notice of Apparent Liability, NAL/Acct. No. 915PA0007, released March 10,
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- not clear to the Networks, and certainly not clear to stations that broadcast network programming (particularly those that are not owned by the Networks). Accordingly, for the reasons set forth above, we will not take any further enforcement action in response to NORML's complaint and we consider this matter closed. This action is taken under delegated authority pursuant to Sections 0.111 and 0.311 of the Commission's Rules, 47 C.F.R. §§ 0.111, 0.311. Sincerely, David H. Solomon Chief, Enforcement Bureau cc: Mr. Franco Garcia, Executive Counsel, Corporate Legal Affairs, ABC, Inc. Mr. Martin D. Franks, Executive Vice President, CBS Ms. Diane Zipursky, Vice President, Washington Law and Policy, NBC, Inc. John C. Quale, Counsel for Fox Broadcasting Company, Inc. Christopher G. Wood,
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaints ARE DISMISSED WITH PREJUDICE and that these proceedings ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar, Deputy Chief Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-2901
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar, Deputy Chief Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-2902
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- Field Office issued a Notice of Apparent Liability for Forfeiture in the amount of seven thousand dollars ($7,000) to Stephen Fowler d/b/a Exports R Us. Stephen Fowler d/b/a Exports R Us has not filed a response. Based on the information before us, we affirm the forfeiture. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Stephen Fowler d/b/a Exports R Us, IS LIABLE FOR A MONETARY FORFEITURE in the amount $7,000, for willful violations of Sections 2.803 and 2.815 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- His belated attempt to renew his request for an interview, more than two years after failing to follow through on his initial request and after an NAL has issued, is moot with respect to the issue of whether a forfeiture should be assessed. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Leslie D. Brewer, d/b/a L.D. Brewer's 2-Way Radio, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willful violations of Sections 2.803(a)(1) and 15.201(b) of the Rules, requiring authorization from the Commission prior to the marketing of radio frequency devices. 10. Payment of the forfeiture shall be made in the manner
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- factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Natchez has failed to provide a sufficient justification for canceling the proposed forfeiture amount, but has provided justification for reducing it to $5,000. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Natchez Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for the willful violation of Section 73.1213(b) of the Rules setting forth the painting and lighting requirements for radio towers. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- to $2,000. Conclusion and Ordering Clauses 4. ACCORDINGLY, IT IS ORDERED, that WTTW's request for reduction or rescission filed January 2, 1998 IS GRANTED to the extent that we approve a reduction of the proposed forfeiture amount from $5,000 to $2,000. 5. IT IS FURTHER ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Window to the World Communications, Inc., licensee of noncommercial educational television station WTTW (TV), Chicago, Illinois, shall FORFEIT to the United States the sum of Two Thousand Dollars ($2,000), for willfully and repeatedly violating Section 399B of the Communications Act of 1934, as amended, 47 U.S.C. Sec. 399b, and Section 73.621(e) of the
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- our letter of inquiry, including its description of its policies and procedures concerning compliance with Section 73.1206, and we do not find any basis for either increasing or decreasing the forfeiture from the base forfeiture amount. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that Infinity Broadcasting Corp. of Washington, D.C. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for willfully violating Section 73.1206 of the Commission's rules, 47 C.F.R. § 73.1206. IT IS FURTHER ORDERED, pursuant to Section 1.80 of
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- We believe that the clear nature of the violations and Noble's decision to replay the conversation in November 1999 without giving prior notification to Ms. Moore make a forfeiture the appropriate enforcement action in this case. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that Noble Broadcast Licenses, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 73.1206 of the Commission's rules, 47 C.F.R. § 73.1206. IT IS FURTHER ORDERED, pursuant to Section 1.80 of
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- technical deficiencies and, therefore, did not jeopardize the safety of life. 11. Taking into account all of the factors required by the Policy Statement and Section 1.80 of the Rules including but not limited to those discussed above, we conclude that the appropriate forfeiture amount is $10,000. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 364(a) of the Act, Sections 0.111, 0.311 and 1.80 of the Rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, and the Commission's Policy Statement, Sealand Services, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for the willful violation of Section 362(b) of the Act and Section 80.1067(a) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided
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- that it has no financial resources does not support a reduction of the forfeiture because ABEF has not provided any evidence upon which we can reasonably assess its ability to pay. See Forfeiture Policy Statement, supra note 5, 12 FCC Rcd at 17106-07. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, American Broadcasting Educational Foundation IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating the provisions of Section 73.1125 of the Commission's rules, which require maintenance of adequate staffing at a broadcast station's main studio. 9. IT IS FURTHER ORDERED THAT, the forfeiture proposed
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- provide financial information upon which we can make a determination as to its ability to pay the forfeiture, we must deny the request for reduction. See Liability of Maccau Traders , Inc., 13 FCC Rcd 228 (1998). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, KXLE, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Section 11.35 of the Rules requiring that a broadcast station's EAS equipment be kept operational. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days
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- of those authorizations on April 7, 1999. On April 23, 1999, the Commission's staff returned those applications to Pampa as defective. Pampa refiled the applications on May 28, 1999, and the Commission's staff granted them on September 20, 1999. 4. On November 4, 1999, WTB, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80 of the Rules, issued the referenced NAL in the amount of two thousand dollars ($2,000) to Pampa for the late filing of its license renewal applications. 5. On December 6, 1999, the FCC received Pampa's response to the NAL. In that response, Pampa asserted, among other arguments, that it requested application forms from the Commission on March
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- NAL pursuant to the statutory factors above, and in conjunction with the Policy Statement. As a result of our review, we conclude that Western has failed to provide a sufficient justification for canceling or reducing the forfeiture amount. Therefore, we affirm the forfeiture amount of $6,000. 12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Sections 0.111, 0.311 and 1.80 of the Rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, and the Commission's Policy Statement, Western Communications Paging, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,000 for the willful violation of Section 22.565 of the Rules, which prohobits operation excessive power. 13. Payment of the forfeiture shall be made in the manner provided
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- FCC 2d 289, 291 (Broadcast Bureau 1977), citing Executive Broadcasting Corp., 3 FCC 2d 699 (1966). Considering the records as a whole, we believe that a $10,000 forfeiture is appropriate for the violations in this case. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that WS Communications, L.L.C. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 73.3526 of the Commission's rules, 47 C.F.R. § 73.3526. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the
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- further enforcement action. Rather, the application or request for program test authority or STA must be granted or WBC must terminate all unauthorized operation of Station WRHC. Otherwise, WBC risks loss of the license for Station WRHC as well as additional forfeiture penalties. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, WRHC Broadcasting Corp. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-two thousand five hundred dollars ($22,500) for violating the terms and conditions of its license and the Commission's rules requiring operation within the parameters set forth in the license, and requiring express permission prior to a
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- select and reach agreements with programmers prior to December 15, 1999. Finally, none of the circumstances EchoStar has presented to us support mitigation of the forfeiture. Accordingly, we find EchoStar apparently liable for an $11,000 forfeiture. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that EchoStar Satellite Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of eleven thousand dollars ($11,000) for willfully violating Section 335 of the Communications Act of 1934, as amended, 47 U.S.C. § 335, and Section 100.5(c) of the Commission's rules, 47
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- service of the NALs that were issued and mailed to them prior to the expiration of the statute of limitations, CSBDA and Westall cannot now claim that the NALs fail because they were not issued within the timeframe established by 47 U.S.C. 503(b)(6)(B). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Colorado Small Business Development Association, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount $10,000, and Westall Communications, d/b/a M.T.W. IS LIABLE FOR A MONETARY FORFEITURE in the amount $12,000, for violating the provisions of the Communications Act and the Commission's Rules requiring that radio transmitters be operated in accordance with a
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- equipment. On October 29, 1999, the Commission's Philadelphia, Pennsylvania Field Office issued a Notice of Apparent Liability (``NAL'') for Forfeiture in the amount of twenty thousand dollars (20,000). Kel-Comm Broadcasting Inc. has not filed a response. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and sections 0.111, 0.311 and 1.80 of the Rules, Kel-Comm Broadcasting Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount $20,000, for willful and repeated violations of Section 303(q) of the Act, and Sections 1.89, 11.15, 11.35, 11.41, 17.4, 17.21, and 17.50 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- equipment. On October 29, 1999, the Commission's Philadelphia, Pennsylvania Field Office issued a Notice of Apparent Liability (``NAL'') for Forfeiture in the amount of twenty thousand dollars ($20,000). Mar-Comm Broadcasting Inc. has not filed a response. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,2 and Sections 0.111, 0.311 and 1.80 of the Rules,3 Mar-Comm Broadcasting Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount $20,000, for willful and repeated violations of Section 303(q) of the Act, and Sections 1.89, 11.15, 11.35, 11.41, 17.4, 17.21, 17.50 and 17.56(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80
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- Office, issued a Notice of Apparent Liability (``NAL'') for a monetary forfeiture in the amount of $14,000. Willis Broadcasting has not filed a response. Based on the information before us, we affirm this forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, Willis Broadcasting IS LIABLE FOR A MONETARY FORFEITURE in the amount of $14,000 for willful and repeated violations of Sections 73.1213(b) and 1.89(b) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, 47 C.F.R.
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- 1999, the Wireless Telecommunications Bureau issued a Notice of Apparent Liability (``NAL'') for a monetary forfeiture in the amount of five thousand dollars ($5,000). Simon Property has not filed a response. Based on the information before us, we affirm this forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, Simon Property IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for willful and repeated violations of Section 301 of the Communications Act of 1934, as amended, former Section 90.113 of the Commission's Rules and Section 1.903 of the Commission's Rules. 4.
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- terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating this proceeding. 6. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C §§ 154(i) and 154(j), and the authority delegated in Sections 0.111 and 0.311of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the attached Consent Decree is hereby ADOPTED. 7. IT IS FURTHER ORDERED that the above captioned forfeiture proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau See also 47 C.F.R. § 73.3540. 12 FCC Rcd 17087 (1997), recon. denied, FCC 99-407, released December 28, 1999.
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- issuance of the NAL, on November 9, 1999, and February 14, 2000, FCC agents again detected apparent operation by Sunjet on an unauthorized frequency, without station identification. Those apparent violations are not addressed here. Further violations may lead to revocation of Sunjet's license. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Sunjet Car Service, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand ($7,000) for the repeated and willful violation of Sections 1.903 and 90.135 of the Rules concerning unauthorized operation and Section 90.425(a) of the Rules which sets forth the identification requirements. 16. Payment of the forfeiture shall be made
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- Office issued a Notice of Apparent Liability (``NAL'') for a monetary forfeiture in the amount of $12,000. Willis Broadcasting Corporation has not filed a response. Based on the information before us, we affirm this forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Rules, 47 C.F.R. §§ 0.111, 0.311, and 1.80, Willis Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,000 for willful and repeated violations of Sections 11.35(a) and 1.89(b) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within
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- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Two Way has failed to justify cancellation or reduction of the proposed forfeiture amount. Therefore, we affirm the forfeiture of seven thousand dollars ($7,000). IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the Two Way Shop, IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand ($7,000) for the repeated and willful violation of Section 302 of the Act, which prohibits the sale or offer for sale of transmitting equipment not in compliance with the FCC rules, and Sections 2.803 and 2.815 of the
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- above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that KNFL has failed to justify cancellation or reduction of the proposed forfeiture amount. Therefore, we affirm the forfeiture of sixteen thousand dollars ($16,000). IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, KNFL, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of sixteen thousand ($16,000) for the repeated and willful violation of Section 301 of the Act, which prohibits unlicensed radio operation. 14 Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30)
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- efforts to make the rules available to the public. We believe these efforts mitigate the violation. Based upon our review of all the pertinent factors as required by Section 503(b)(2)(D) of the Act, we believe a $2,000 forfeiture is appropriate. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, AK Media Group, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of two thousand dollars ($2,000) for willfully and repeatedly violating Section 73.1216 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days of the release of this
- http://transition.fcc.gov/eb/Orders/da00898.doc http://transition.fcc.gov/eb/Orders/da00898.txt
- principles regarding its verification mechanisms and procedures for its independent representatives, as well as certain other pro-consumer steps and commitments, we believe that the public interest would be served by approving the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act, 47 U.S.C. § 154(i), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned case as well as the Commission staff inquiry into the matter described herein ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau (continued....) Federal Communications Commission Federal Communications Commission DA 00-898
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- forfeitures, as provided by SBREFA. See Jerry Szoka, 14 FCC Rcd 9857, 9866 (1999), recon. denied 14 FCC Rcd 20147 (1999). Using this guidance, we do not find that Callcomm is entitled to a further reduction or cancellation of the forfeiture amount. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Callcomm Repeater Association IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 301 of the Act and former Section 90.113 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within
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- forfeitures, as provided by SBREFA. See Jerry Szoka, 14 FCC Rcd 9857, 9866 (1999), recon. denied 14 FCC Rcd 20147 (1999). Using this guidance, we do not find that Callcom is entitled to a further reduction or cancellation of the forfeiture amount. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Callcom, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 301 of the Act and former Section 90.113 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30
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- above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Arvada has failed to justify cancellation or reduction of the proposed forfeiture amount. Therefore, we affirm the forfeiture of four thousand dollars ($4,000). IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Arvada Excavating Company, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for the repeated and willful violation of Section 301 of the Act and former Section 90.113 of the Rules, which prohibit unauthorized operation. 14. Payment of the forfeiture shall be made in the manner provided for
- http://transition.fcc.gov/eb/Orders/da00940.doc http://transition.fcc.gov/eb/Orders/da00940.txt
- Upon review of the particular circumstances in this case, and in accordance with the discretion afforded to the Commission by Section 504(b) of the Act, and implemented by Section 1.80(i) of the Rules, we have determined that rescission of the forfeiture is warranted. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, pursuant to Section 504(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, that the forfeiture issued against County of Surry IS RESCINDED. 7. IT IS FURTHER ORDERED that, a copy of this Order shall be sent by Certified Mail Return Receipt Requested to the County of Surry, and its counsel, Fred J. Folger, at Folger & Folger, 129 Moore Avenue, P.O. Box 428, Mount Airy, North
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- duration of Bay's violations, when coupled with its culpability, offset Bay's overall history and market situation. Further, neither Bay's small business status nor its asserted inability to pay warrants reduction or cancellation of the forfeiture. The forfeiture is appropriate and should be imposed. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, Bay Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of nineteen thousand dollars ($19,000). The forfeiture is imposed for willful and repeated violations of Section 301 of the Act and Sections 73.1201, 73.1675, 73.1690 and 74.1251 of the Commission's rules. Among other things, those provisions proscribe operation of unlicensed transmitters;
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- the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.'' After reviewing all of the circumstances, we believe a $7,000 forfeiture appears to be appropriate in this case. IV. Ordering Clauses 10. ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Three Eagles of Columbus, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating Section 503(b)(1)(D) of the Communications Act of 1934, as amended, and Section 73.3999 of the Commission's rules. 11. IT IS FURTHER ORDERED, pursuant to Section 1.80 of
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- that it had consummated the assignments. Champion's authorizations expired on April 1, 1999. Champion, however, did not file applications for the renewal of those authorizations until June 3, 1999. WTB granted the late-filed renewal applications on September 20, 1999. 4. On November 4, 1999, WTB, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80 of the Rules, issued the referenced NAL in the amount of three thousand dollars ($3,000) to Champion for the late filing of its license renewal applications. 5. On December 6, 1999, the FCC received Champion's response to the NAL. In that response, Champion argues that its failure to file timely renewal applications was not willful because it
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- the statutory factors above, and in conjunction with the Policy Statement. As a result of our review, we conclude that Mr. Holcombe has failed to justify cancellation or reduction of the proposed forfeiture. Therefore, we affirm the forfeiture of eight thousand dollars ($8,000). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Paul E. Holcombe, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and malicious interference to radio communications in violation of Section 333 of the Act and Section 97.101(d) of the Rules and for transmitting unidentified amateur radio communications in violation of Section 97.119 of the
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- the statutory factors above, and in conjunction with the Policy Statement. As a result of our review, we conclude that Mr. Meyers has failed to justify cancellation or reduction of the proposed forfeiture. Therefore, we affirm the forfeiture of eight thousand dollars ($8,000). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Robert L. Meyers, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and malicious interference to radio communications in violation of Section 333 of the Act and Section 97.101(d) of the Rules and for transmitting unidentified amateur radio communications in violation of Section 97.119 of the
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- and we see no reason to await issuance of the guidelines before imposing the forfeiture order in this case. In the absence of any substantive response to our NAL, we impose a forfeiture for the full amount originally proposed. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, Citicasters Co. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-three thousand dollars ($23,000) for willfully and repeatedly violating 18 U.S.C. § 1464. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's rules within 30 days of the release of this Forfeiture
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- complaints, this period was previously waived for this group of complainants.5 By separate order issued on February 5, 2002, the Enforcement Bureau has extended that filing period to September 9, 2002.6 Please direct all questions to Bureau staff at: EUCLQUIK@fcc.gov. This Notice is issued pursuant to section 4(i) and 4(j) of the Act, 47 U.S.C. 154(i) and 154(j), and rules 0.111, 0.311, 47 C.F.R. 0.111, 0.311. By Suzanne Tetreault, Associate Chief, Enforcement Bureau. -FCC- _________________________ 1 47 C.F.R. 1.718. 2 See Enforcement Bureau Staff to Convene Meeting to Discuss Procedures for Resolving End User Common Line Informal Complaints, Public Notice, 16 FCC Rcd 9373 (MDRD 2001); Summary of Enforcement Bureau's Multi-Party Initial Meeting Regarding Procedures for Resolving End User Common Line
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- in: (1) ECFS, the Commission's electronic filing system; or (2) EDOCs, the electronic database containing prior orders, public notices inviting comments and replies, or other matters posted by the Commission. This Public Notice does not affect the non-audit related accounting safeguards issues under the delegated authority of the Wireline Competition Bureau (WCB). This action is taken pursuant to 47 C.F.R. 0.111(a)(15), 53.209(d), 53.211(e)(3), and 53.213(c)-(d). Contact Information For questions concerning this Public Notice, contact Ernestine Creech of the Investigations and Hearings Division at (202) 418-0820. By the Chief Auditor, Investigations and Hearings Division, Enforcement Bureau. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2871A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2871A1.doc 3. http://www.fcc.gov/ 4. ftp://ftp.fcc.gov/
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- in: (1) ECFS, the Commission's electronic filing system; or (2) EDOCs, the electronic database containing prior orders, public notices inviting comments and replies, or other matters posted by the Commission. This Public Notice does not affect the non-audit related accounting safeguards issues under the delegated authority of the Wireline Competition Bureau (WCB). This action is taken pursuant to 47 C.F.R. 0.111(a)(15), 53.209(d), 53.211(e)(3), and 53.213(c)-(d). Contact Information For questions concerning this Public Notice, contact Ernestine Creech of the Investigations and Hearings Division at (202) 418-0820. By the Chief Auditor, Investigations and Hearings Division, Enforcement Bureau. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2872A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2872A1.doc 3. http://www.fcc.gov/ 4. ftp://ftp.fcc.gov/
- http://transition.fcc.gov/eb/Public_Notices/DA-03-2873A1.html
- in: (1) ECFS, the Commission's electronic filing system; or (2) EDOCs, the electronic database containing prior orders, public notices inviting comments and replies, or other matters posted by the Commission. This Public Notice does not affect the non-audit related accounting safeguards issues under the delegated authority of the Wireline Competition Bureau (WCB). This action is taken pursuant to 47 C.F.R. 0.111(a)(15), 53.209(d), 53.211(e)(3), and 53.213(c)-(d). Contact Information For questions concerning this Public Notice, contact Ernestine Creech of the Investigations and Hearings Division at (202) 418-0820. By the Chief Auditor, Investigations and Hearings Division, Enforcement Bureau. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2873A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2873A1.doc 3. http://www.fcc.gov/ 4. ftp://ftp.fcc.gov/
- http://transition.fcc.gov/eb/Public_Notices/DA-03-2874A1.html
- in: (1) ECFS, the Commission's electronic filing system; or (2) EDOCs, the electronic database containing prior orders, public notices inviting comments and replies, or other matters posted by the Commission. This Public Notice does not affect the non-audit related accounting safeguards issues under the delegated authority of the Wireline Competition Bureau (WCB). This action is taken pursuant to 47 C.F.R. 0.111(a)(15), 53.209(d), 53.211(e)(3), and 53.213(c)-(d). Contact Information For questions concerning this Public Notice, contact Ernestine Creech of the Investigations and Hearings Division, Enforcement Bureau at (202) 418-0820. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2873A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2873A1.doc 3. http://www.fcc.gov/ 4. ftp://ftp.fcc.gov/
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- of the Commission's Rules. Process to Update International Bureau Records 6. The International Bureau believes it is necessary for carriers to timely file for and receive proper authorizations and licenses and to be otherwise in compliance with all applicable rules and policies. To that end, the International Bureau announces a 90-day period after which, pursuant to its authority under Sections 0.111 and 0.311 of the Commission's rules, it will refer to the Enforcement Bureau for appropriate enforcement action any carrier that is providing international telecommunications services or operator operating international telecommunications facilities without first receiving proper authorizations from the Commission under Section 214 of the Communications Act and Sections 34-39 of the Submarine Cable Landing License Act, respectively. The Enforcement Bureau
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- actions taken or omissions made in reliance on this rule. We recommend that you check the accuracy of the rule below at another source, such as the web site of the Government Printing Office, [1]http://www.gpoaccess.gov/index.html. Sec. 1.730 The Enforcement Bureau's Accelerated Docket. (a) Parties to formal complaint proceedings against common carriers within the responsibility of the Enforcement Bureau (see Secs. 0.111, 0.311, 0.314 of this chapter) may request inclusion on the Bureau's Accelerated Docket. As set out in Secs. 1.720 through 1.736, proceedings on the Accelerated Docket are subject to shorter pleading deadlines and certain other procedural rules that do not apply to other formal complaint proceedings before the Enforcement Bureau. (b) Any party that contemplates filing a formal complaint may
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- 47 U.S.C. 303(n) Both Section 303(n) of the Act, and the Rules which implement the Act, grant the right to inspect most radio operations to the Commission, and by delegated authority to the Commission's Bureaus and agents. The Enforcement Bureau conducts inspections of radio installations as part of the Bureau's function to "[e]nforce the Commission's Rules and Regulations." 47 CFR 0.111(a). Both licensees and non-licensees must allow an FCC Agent to inspect their radio equipment. Along with the privilege of possessing a license come responsibilities such as knowing the applicable rules, including allowing the station to be inspected. Licensees should be aware of the Commission's right to inspect. Equally important, FCC Agents are allowed to inspect the radio equipment of non-licensees.
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- the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Act and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned investigatory proceeding IS TERMINATED. IT IS FURTHER ORDERED that Alltel shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at (202) 418-1995,
- http://transition.fcc.gov/fcc-bin/audio/inspection.html
- 47 U.S.C. 303(n) Both Section 303(n) of the Act, and the Rules which implement the Act, grant the right to inspect most radio operations to the Commission, and by delegated authority to the Commission's Bureaus and agents. The Enforcement Bureau conducts inspections of radio installations as part of the Bureau's function to "[e]nforce the Commission's Rules and Regulations." 47 CFR 0.111(a). Both licensees and non-licensees must allow an FCC Agent to inspect their radio equipment. Along with the privilege of possessing a license come responsibilities such as knowing the applicable rules, including allowing the station to be inspected. Licensees should be aware of the Commission's right to inspect. Equally important, FCC Agents are allowed to inspect the radio equipment of non-licensees.
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- 0.966 -2.368 0.467 Percent Driving 7.933 4.593 5.026 8.891 2.162 4.298 R-squared .1780 .2957 .3762 N 162 162 162 44 Table 9: Do Listeners Value Group-Targeted Programming? (Race and Hispanic Status) White Listening Black Listening Non-Hisp. Listening Hisp. Listening OLS Estimates coef s.e. coef s.e. coef s.e. coef s.e. Constant 10.687 1.214 13.686 2.337 13.908 1.533 14.376 2.759 White-Targeted Stations 0.111 0.019 0.051 0.036 Black-Targeted Stations 0.045 0.051 0.298 0.098 Non-Hisp.-Targeted Stations -0.006 0.024 -0.064 0.043 Hispanic-Targeted Stations 0.054 0.048 0.238 0.085 Northeast 1.167 0.576 1.352 1.108 2.039 0.548 1.787 1.002 North Central 1.256 0.608 -0.314 1.171 1.737 1.044 1.008 1.933 South 0.617 0.607 0.372 1.168 -0.236 0.372 0.048 0.659 Percent Driving 3.024 2.385 3.464 4.592 4.056 3.740 8.556 6.614 R-Squared
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- this waiver is conditioned upon Conversent's provision of customer notification and handling of customer complaints as described above and further detailed in their Waiver Petition and Supplement to Petition. Accordingly, pursuant to authority contained in sections 1, 4, and 258, of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154, 258, and the authority delegated under sections 0.111, 0.311, and 1.3 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.3, the waiver request filed by Conversent Communications, LLC on November 15, 1999, IS GRANTED to the extent indicated herein. IT IS FURTHER ORDERED that this Order is effective upon its release. FEDERAL COMMUNICATIONS COMMISSION Robert C. Atkinson Deputy Chief, Common Carrier Bureau Implementation of the Subscriber Carrier
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- above. The grant of this waiver is conditioned upon ITS' provision of customer notification and handling of customer complaints as described above and further detailed in its Waiver Petition. Accordingly, pursuant to authority contained in sections 1, 4, and 258, of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154, 258, and the authority delegated under sections 0.111, 0.311, and 1.3 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.3, the waiver request filed by Iowa Telecommunications Services on October 8, 1999, IS GRANTED to the extent indicated herein. FEDERAL COMMUNICATIONS COMMISSION Robert C. Atkinson Deputy Chief, Common Carrier Bureau Implementation of the Subscriber Carrier Selection Changes Provisions of the Telecommunications Act of 1996 and Policies and
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- conditioned upon Broadwing's provision of customer notification and handling of customer complaints as described above and further detailed in its Waiver Petition. III. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to authority contained in sections 1, 4, and 258, of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154, 258, and the authority delegated under sections 0.111, 0.311, and 1.3 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.3, the waiver request filed by Broadwing Telecommunications, Inc. on February 2, 2000, IS GRANTED to the extent indicated herein. IT IS FURTHER ORDERED that this Order is effective upon its release. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Implementation of the Subscriber Carrier
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- this waiver is conditioned upon One Call's provision of customer notification and handling of customer complaints as described above and further detailed in its Waiver Petition and Supplement thereto. Accordingly, pursuant to authority contained in sections 1, 4, and 258 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154, 258, and the authority delegated under sections 0.111, 0.311, and 1.3 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.3, the waiver request filed by One Call Communications, Inc. d/b/a Opticom on February 28, 2000, and supplemented on March 10, 2000, IS GRANTED to the extent indicated herein. IT IS FURTHER ORDERED that this Order is effective upon its release. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Intl/4361-96.pdf
- 0.9 8.8 0.0 $97,60442.253.2 0.0 4.6 0.0 $96,97711.641.7 0.046.7 0.0 231,03343.244.9 1.110.8 0.0 Montserrat $8,37964.535.5 0.0 0.0 0.0 $88735.764.3 0.0 0.0 0.0 $0 4,17237.762.3 0.0 0.0 0.0 Netherlands Antilles $274,61665.131.2 1.9 1.9 0.0 $39,00738.058.3 0.0 3.7 0.0 $61,31754.832.2 0.013.0 0.0 124,04456.337.6 2.7 3.4 0.0 Saint Kitts and Nevis $60,68024.162.7 0.113.1 0.0 $13,88726.573.5 0.0 0.0 0.0 $93712.987.1 0.0 0.0 0.0 38,08716.072.5 0.111.5 0.0 Saint Lucia $41,08419.160.8 1.818.4 0.0 $8,09580.319.7 0.0 0.0 0.0 $335 2.797.3 0.0 0.0 0.0 25,38327.457.1 1.913.7 0.0 Saint Vincent and the Grenadines $35,12015.264.7 0.419.7 0.0 $10,091100.0 0.0 0.0 0.0 0.0 $1,249 1.529.8 0.068.7 0.0 19,95341.538.0 0.420.1 0.0 Trinidad and Tobago $119,86426.363.2 3.4 7.1 0.0 $18,91320.356.0 0.023.8 0.0 $36,380 5.892.0 0.0 2.2 0.0 61,60324.161.4 4.110.5 0.0 Turks and Caicos Islands
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Intl/4361-97.pdf
- 0.0 0.0 $2,264,49765.734.3 0.0 0.0 0.0 3,301,55537.632.6 9.3 0.220.4 Swaziland $511,50768.327.2 1.3 0.1 3.1 $125,93999.9 0.1 0.0 0.0 0.0 $41,696100.0 0.0 0.0 0.0 0.0 688,17973.219.1 1.5 0.1 6.2 Tanzania $5,051,71652.630.3 7.3 0.1 9.6 $474,96453.546.5 0.0 0.0 0.0 $338,80492.9 7.1 0.0 0.0 0.0 5,511,85048.433.0 7.6 0.210.8 Togo $3,367,60754.224.213.5 0.0 8.1 $262,508100.0 0.0 0.0 0.0 0.0 $2,395,756100.0 0.0 0.0 0.0 0.0 3,404,90154.816.617.0 0.111.5 Tunisia $4,692,84951.126.1 9.1 8.7 5.0 $803,28553.927.618.5 0.0 0.0 $77,35695.8 4.2 0.0 0.0 0.0 5,983,50547.821.814.010.2 6.1 Uganda $5,121,78053.130.9 5.5 0.010.6 $353,77761.823.1 0.0 0.015.2 $776,19559.440.6 0.0 0.0 0.0 5,515,68248.931.1 5.7 0.014.4 Western Sahara $1,969100.0 0.0 0.0 0.0 0.0 $0 $14,299100.0 0.0 0.0 0.0 0.0 816100.0 0.0 0.0 0.0 0.0 Zaire $5,837,06625.2 0.0 7.839.028.0 $1,709,393 2.6 0.0 0.097.4 0.0 $1,062,287100.0 0.0 0.0 0.0
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Intl/4361-f00.pdf
- 9.0 Spain $188,638,36241.647.5 0.7 7.5 2.7 $7,388,41833.722.1 0.013.930.2 $1,463,25881.710.5 0.0 7.7 0.0 446,172,69236.338.0 0.413.012.3 Sweden $55,574,53150.729.0 0.512.1 7.8 $6,987,79840.340.2 0.0 6.213.3 $1,163,63892.7 6.0 0.0 1.3 0.0 327,893,75238.432.6 0.212.016.8 Switzerland $78,663,98361.923.8 0.211.1 3.0 $7,775,74338.129.4 0.030.0 2.5 $2,393,20793.4 2.9 0.0 3.6 0.1 296,127,17938.934.1 0.116.810.0 Turkey $80,329,33433.554.3 3.3 6.7 2.2 $5,850,76433.554.8 0.010.6 1.1 $1,115,73678.7 2.4 0.018.8 0.0 176,854,71830.248.0 3.211.0 7.7 United Kingdom $693,912,87262.722.7 0.111.3 3.2 $48,044,55416.151.9 0.022.4 9.6 $4,315,97322.831.0 0.0 2.244.0 2,612,172,56143.529.1 0.118.6 8.8 Western Europe $2,562,307,23052.233.7 0.5 9.9 3.8 $182,617,02644.332.4 0.014.3 9.0 $34,904,28771.019.3 0.0 4.2 5.5 8,393,303,49141.030.5 0.415.113.0 Algeria $4,689,67024.342.416.9 6.210.2 $1,011,03530.332.1 0.0 0.037.6 $158,00699.6 0.3 0.0 0.0 0.0 13,964,38424.620.3 3.813.038.4 Angola $436,54726.6 1.438.3 0.033.6 $524,68798.9 0.0 0.0 0.0 1.1 $409,922100.0 0.0 0.0 0.0 0.0 3,755,60065.1 0.1 6.6 0.028.2 Benin $3,554,02925.813.0 0.958.7 1.6
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Intl/4361-f01.pdf
- 0.011.1 0.0 16,280,384 0.048.4 2.034.215.3 Uruguay $18,077,800 0.047.817.231.9 3.1 $1,526,552 0.022.316.427.034.3 $137,138 0.091.7 4.6 3.7 0.0 55,025,412 0.038.025.927.6 8.5 Venezuela $71,059,130 0.049.525.521.1 3.9 $8,268,949 0.020.020.941.617.6 $166,171 0.057.312.929.8 0.0 281,840,053 0.028.930.633.1 7.3 South America $797,382,411 2.352.913.626.1 5.0 $93,151,282 0.022.019.246.212.6 $6,296,056 0.046.128.924.7 0.3 3,192,746,377 6.431.817.833.410.6 Afghanistan $261,702 0.0 0.010.0 0.090.0 $16,504 0.0 0.0 0.0 0.0100.0 $2 0.0 0.0 0.0 0.0100.0 411,415 0.0 0.111.6 0.088.3 Bangladesh $33,528,314 0.026.929.420.523.1 $1,536,631 0.011.513.328.646.6 $909,436 0.095.7 2.1 2.2 0.0 144,934,015 0.018.326.127.727.8 Bhutan $67,160 0.0 2.928.761.2 7.2 $4,353 0.0 0.0 0.0 0.0100.0 $13 0.0100.0 0.0 0.0 0.0 162,253 0.0 1.248.932.717.2 Brunei $1,161,933 0.067.710.311.410.5 $43,468 0.031.9 2.154.112.0 $90,181 0.099.2 0.8 0.0 0.0 2,850,326 0.039.822.117.420.8 Burma $12,513,898 0.0 8.517.372.6 1.5 $78,380 0.0 0.0 0.0 0.0100.0 $23,856 0.0 8.3 0.0 0.091.7 11,203,280
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Intl/crepor03.pdf
- Resale Service <<< 2004 Data Not Available at Time of Publication >>> % of Total Number of Number of U.S. Carrier IMTS Resale Carrier Messages Minutes Revenues Revenues All West World Connect 3,408 37,980 18,990 0.000% AllCom USA, Inc. 1,522,474 3,870,810 340,321 0.006 Allendale Sales & Services 2,119 17,499 3,147 0.000 ALLTEL Corporation ALLTEL Communications, Inc. (IXC) 2,908,017 21,396,808 6,034,932 0.111 ALLTEL Systems of the Midwest, Inc. 466,893 2,620,872 679,082 0.013 KIN Networks, Inc. 3,771 31,194 10,167 0.000 Alma Telephone Company 55 250 79 0.000 Alpine Long Distance, L.C. 2,080 13,202 3,317 0.000 American Long Lines, Inc. 1,378,350 13,783,504 1,722,938 0.032 American Samoa License, Inc. 897,422 3,519,029 1,787,684 0.033 American Telecommunications Systems, Inc. 13,210 53,630 30,944 0.001 Americatel, Inc. 88,343,639 759,504,906
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mr03-3.pdf
- 0.047 250283 A R BRINDLEE MOUNTAIN CEA Capital 3,738,261 14,012 266.79 0 0.000 250284 C R BUTLER TEL CO TDS Telecom 4,280,039 8,855 483.35 1,086,910 0.103 250285 A R CASTLEBERRY TEL CO 375,734 1,018 369.09 40,938 0.004 250286 A R NATIONAL OF ALABAMA TEC 903,212 2,374 380.46 113,013 0.011 250290 C R FARMERS TEL COOP -AL 7,897,061 19,858 397.68 1,167,598 0.111 250293 C N VERIZON SOUTH-AL Verizon Comm. Inc. 58,249,458 167,594 347.56 0 0.000 250295 C R GRACEBA TOTAL COMM 2,409,763 4,681 514.80 684,984 0.065 250298 C R GULF TEL CO - AL Madison River Tel Co 15,546,186 57,253 271.53 0 0.000 250299 C R HAYNEVILLE TEL CO 1,475,150 2,621 562.82 477,934 0.045 250300 C R HOPPER TELECOMM. CO. CEA Capital
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mr04-3.pdf
- 401144 C R CENTURYTEL-CENTRAL A CenturyTel, Inc. 50,274,194 84,718 593.43 16,518,665 1.546 401144A C R CENTURYTEL-CENTRAL A CenturyTel, Inc. 417,598 1,288 324.22 3,158 0.000 401691 C R ALLTEL ARKANSAS INC ALLTEL Communications Service Corp. 41,740,546 109,505 381.17 4,322,121 0.405 401692 C R ARKANSAS TEL CO 3,063,421 8,940 342.66 129,077 0.012 401697 C R CENTRAL ARKANSAS TEL 2,715,111 3,391 800.68 1,188,280 0.111 401698 C R CLEVELAND COUNTY TEL Telephone And Data Systems, Inc. 1,884,322 3,796 496.40 463,915 0.043 401699 C R DECATUR TEL CO INC Telephone And Data Systems, Inc. 471,866 1,307 361.03 34,477 0.003 401702 C R SOUTH ARKANSAS TEL 2,260,012 4,084 553.38 673,642 0.063 401704 A R LAVACA TEL CO-AR 621,164 1,885 329.53 11,128 0.001 401705 C R CENTURYTEL- ARKANSAS
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mrs01-0.pdf
- 3.192 461835C R SUNFLOWER TEL - CO MJD Communications 238,464 337 707.61 100,448 0.011 462178A R AGATE TEL CO 64,931 143 454.06 15,430 0.002 462181C R BIJOU TEL COOP ASSOC 463,520 1,372 337.84 35,448 0.004 462182C R BLANCA TEL CO 847,915 1,229 689.92 350,018 0.038 462184C R DELTA COUNTY TEL CO Telephone And Data Systems, Inc. 4,488,282 10,075 445.49 1,022,376 0.111 462185C R CENTURYTEL OF EAGLE CenturyTel, Inc. 52,422,527 81,828 640.64 20,280,172 2.206 3 - 169 Table 3.27 High-Cost Loop Fund 1999 Data by Study Area Study Area CodeTypeStatusStudy Area Name Holding Company Name Unseparated NTS Revenue Requirement Number of Loops Unseparated NTS Revenue Requirement per Loop Universal Service Fund Payments for 2001 Percent of Total $ $ $ % COLORADO
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mrs02-0.pdf
- of Total $ $ $ % TOTAL: ALABAMA 677,216,113 2,537,717 266.86 14,177,382 1.455 250281C N VERIZON S-AL(CONTEL) Verizon Communications Inc. 51,058,364 125,812 405.83 0 0.000 250282C R BLOUNTSVILLE TEL CO 2,271,826 4,394 517.03 681,411 0.070 250283A R BRINDLEE MOUNTAIN CEA Capital 3,747,172 14,300 262.04 0 0.000 250284C R BUTLER TEL CO Telephone And Data Systems, Inc. 4,169,235 8,771 475.34 1,085,939 0.111 250285A R CASTLEBERRY TEL CO 353,591 1,010 350.09 34,092 0.003 250286A R NATIONAL OF ALABAMA Telephone Electronics Corporation 853,896 2,372 359.99 95,329 0.010 250290C R FARMERS TEL COOP -AL 7,353,351 19,849 370.46 932,797 0.096 250293C N VERIZON SOUTH-AL Verizon Communications Inc. 67,793,822 167,869 403.85 0 0.000 250295A R GRACEBA TOTAL COMM 1,524,394 4,689 325.10 82,108 0.008 250298C R GULF TEL
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/SOCC/96socc.pdf
- 2.03 NC NORTH DAKOTA 36.3 1.493 34.8 32.0 2.83 2.83 ND OHIO 299.1 0.126 299.0 297.1 1.87 0.3 0.7 0.004 0.9 0.93 OH OKLAHOMA 182.6 50.174 132.5 131.3 1.20 1.20 OK OREGON 138.1 4.882 133.2 117.7 15.58 15.58 OR PENNSYLVANIA 556.0 (0.346) 556.4 498.7 32.29 3.6 6.8 10.4 21.92 PA RHODE ISLAND 42.7 42.7 42.7 (0.02) (0.02)RI SOUTH CAROLINA 85.0 0.111 84.9 81.7 3.25 3.25 SC SOUTH DAKOTA 32.7 0.038 32.7 32.6 0.09 0.09 SD TENNESSEE 116.7 116.7 112.8 3.98 3.98 TN TEXAS 505.6 (2.038) 507.6 501.2 6.41 6.41 TX UTAH 77.0 0.211 76.8 76.2 0.53 0.53 UT VERMONT 38.3 38.3 38.3 (0.01) (0.01)VT VIRGINIA 159.6 (0.591) 160.2 143.1 17.05 1.0 1.9 2.9 14.13 VA WASHINGTON 322.1 4.766 317.3 298.5 18.77
- http://www.fcc.gov/Bureaus/Enforcement/Notices/2000/da000521.doc
- We believe that the clear nature of the violations and Noble's decision to replay the conversation in November 1999 without giving prior notification to Ms. Moore make a forfeiture the appropriate enforcement action in this case. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that Noble Broadcast Licenses, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 73.1206 of the Commission's rules, 47 C.F.R. § 73.1206. IT IS FURTHER ORDERED, pursuant to Section 1.80 of
- http://www.fcc.gov/Bureaus/Enforcement/Notices/2000/da000883.doc
- efforts to make the rules available to the public. We believe these efforts mitigate the violation. Based upon our review of all the pertinent factors as required by Section 503(b)(2)(D) of the Act, we believe a $2,000 forfeiture is appropriate. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, AK Media Group, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of two thousand dollars ($2,000) for willfully and repeatedly violating Section 73.1216 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days of the release of this
- http://www.fcc.gov/Bureaus/Enforcement/Notices/2000/da000951.doc
- the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.'' After reviewing all of the circumstances, we believe a $7,000 forfeiture appears to be appropriate in this case. IV. Ordering Clauses 10. ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Three Eagles of Columbus, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating Section 503(b)(1)(D) of the Communications Act of 1934, as amended, and Section 73.3999 of the Commission's rules. 11. IT IS FURTHER ORDERED, pursuant to Section 1.80 of
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- nor detailed those measures, nor explained why its efforts in this regard warrant consideration as a mitigating factor. In sum, we believe that the nature of the apparent violation requires the imposition of the base monetary forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, WCMQ Licensing, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000.00) for violating Section 73.1206 of the Commission's rules, which prohibits broadcasters from airing telephone conversations without first informing the parties to such conversations of their intention to do so. 7. IT IS
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- by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 208, and 251 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), 208, and 251, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Joint Motion to Dismiss the above-captioned complaint with prejudice IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. §151 et
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- will serve the public interest by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of the Commission. . Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated in Section 0.111 of the Commission's rules, 47 C.F.R. § 0.111 that the above-captioned complaint IS DISMISSED WITH PREJUDICE and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA-99-2742 Federal Communications Commission DA-99-2742
- http://www.fcc.gov/Bureaus/Enforcement/Orders/1999/da992764.doc http://www.fcc.gov/Bureaus/Enforcement/Orders/1999/da992764.txt
- of $4,000 for the unauthorized broadcast of a telephone conversation. While we recognize that PBRB took remedial action, such action does not alter the fact that a Commission's rule was violated. Thus, we believe that a $4,000 forfeiture is appropriate. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, that Palm Beach Radio Broadcasting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for willfully violating Section 73.1206 of the Commission's Rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's Rules, that within thirty days of the release of this
- http://www.fcc.gov/Bureaus/Enforcement/Orders/1999/da992781.doc http://www.fcc.gov/Bureaus/Enforcement/Orders/1999/da992781.txt
- by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 208, and 251 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), 208, and 251, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Metrocall's Consent Motion for Withdrawal of Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. §151 et seq. Also on
- http://www.fcc.gov/Bureaus/Enforcement/Orders/1999/da992835.doc http://www.fcc.gov/Bureaus/Enforcement/Orders/1999/da992835.txt
- were two violations here, they were related to the same sequence of events and occurred on the same day within a two hour period. Accordingly, we believe that a $4,000 forfeiture is appropriate for the two violations in this case. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, that Nassau Broadcasting Partners, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 73.1206 of the Commission's Rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's Rules, that within thirty days of the release of
- http://www.fcc.gov/Bureaus/Enforcement/Orders/1999/da992992.doc http://www.fcc.gov/Bureaus/Enforcement/Orders/1999/da992992.txt
- and the dismissal of this complaint with prejudice will serve the public interest by promoting the private resolution of disputes and conserving the Commission's and Petitioners' resources. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 201(b) and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 201(b), 208, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the joint motion to dismiss the above-captioned complaint with prejudice IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint proceeding IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. 6. IT IS FURTHER ORDERED that this Order is effective immediately upon release thereof. FEDERAL COMMUNICATIONS COMMISSION
- http://www.fcc.gov/Bureaus/Enforcement/Orders/1999/da992993.doc http://www.fcc.gov/Bureaus/Enforcement/Orders/1999/da992993.txt
- promoting the private resolution of disputes and eliminating the need for further litigation and the expenditure of further time and resources of the parties and the Commission. . Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that ITEC's Motion to Voluntarily Dismiss the Complaint, IS GRANTED. . IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the
- http://www.fcc.gov/Bureaus/Enforcement/Orders/1999/da993007.doc http://www.fcc.gov/Bureaus/Enforcement/Orders/1999/da993007.txt
- by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 208, and 251 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), 208, and 251, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that PageNet's Motion to Withdraw Formal Complaint Without Prejudice as amended IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Frank G. Lamancusa Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. §151 et
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- Relations; and to reflect the elimination of the Office of Public Affairs. Notice of this action was published in the Federal Register at 64 FR 60715 (November 8, 1999), and the amended rules became effective on November 8, 1999. This Order makes minor, non-substantive corrections to the amended rules adopted in the Order. Specifically, this Order corrects statements in sections 0.111(a)(2) and 0.141(b)(1) to make them consistent with the statement in section 0.111(a)(1) that the Consumer Information Bureau will handle informal consumer complaints involving access to telecommunications services and equipment for persons with disabilities. The language describing the responsibility of the Consumer Information Bureau in the note to section 0.111(a)(2) of the Commission's rules is corrected by deleting the language ``other
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000028.doc http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000028.txt
- promoting the private resolution of disputes and eliminating the need for further litigation and the expediture of further time and resources by the parties and by the Commission. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated under Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that PetroCom's Motion for Withdrawal of Complaint and Related Pleadings IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau (continued....) Federal Communications Commission Federal Communications
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- of this complaint with prejudice will serve the public interest by promoting the private resolution of disputes and conserving the Commission's and the parties' resources. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 201(a), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 201(a), 201(b), 208, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the unopposed motion to dismiss the above-captioned complaint with prejudice IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint proceeding IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. IT IS FURTHER ORDERED that this Order is effective immediately upon release thereof. FEDERAL COMMUNICATIONS COMMISSION Alexander
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- trial court will conserve the resources of the Commission and the parties and avoid the possibility of inconsistent findings. Finally, both Uni-Tel and MCI seek such a stay. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion is GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§
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- prior violations. See Sonderling Broadcasting Corp., 69 FCC 2d 289, 291 (Broadcast Bureau 1977), citing Executive Broadcasting Corp., 3 FCC 2d 699 (1966). Under these circumstances, we believe that a $4,000 forfeiture is appropriate for the violation in this case. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, that CXR Holdings, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for willfully violating Section 73.1206 of the Commission's Rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's Rules, that within thirty days of the release of this Notice, Cox
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- by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 208, and 251 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), 208, and 251, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the unopposed motion to dismiss the above-captioned complaint with prejudice IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. 5. IT IS FURTHER ORDERED that this Order is effective immediately upon release thereof. FEDERAL COMMUNICATIONS COMMISSION Alexander
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- has a favorable history of overall compliance, the violation was continuous over a 16-month period. We therefore conclude that the base forfeiture amount should neither be adjusted upward nor downward as the adjustment criteria offset each other. 11. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. Section 503(b) and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, 47 C.F.R. Sections 0.111, 0.311 and 1.80(f)(4), that Queen of Peace Radio, Inc., licensee of Station WQOP, Atlantic Beach, Florida, FORFEIT to the United States the sum of $7,000 (seven thousand dollars) for willful and repeated violations of Section 73.1125 of the Commission's Rules, 47 C.F.R. Section 73.1125. 12. IT IS FURTHER ORDERED
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- without valid authorization. Its violation was thus not only wilfull, but intentional. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 1.106 of the Rules, Supervalu's petition for reconsideration of the Forfeiture Order, NAL No. 915ST0001, issued on January 19, 1999, IS DENIED. 15. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, and 1.80 of the Commission's Rules, 47 C.F.R. §§ 0.111, 0.311, and 1.80, Supervalu, Inc. must pay the amount of $11,000 within thirty (30) days of the release date of this Order. Payment may be made by check or money order, drawn on an U.S. financial institution, payable to the Federal Communications Commission. Payment may also be made by
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- forfeiture amount of $4,000 for a violation of Section 73.1216 of the rules. In this case, based upon our review of all the pertinent factors as required by Section 503(b)(2)(D) of the Act, we believe a $4,000 forfeiture is appropriate. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Clear Channel Broadcasting Licenses, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for willfully violating Section 73.1216 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days of the release of this Notice,
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- by promoting the private resolution of disputes and by eliminating the need for further litigation and expenditure of resources by the parties and the Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 202, and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 202, 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the unopposed motion to dismiss the complaint with prejudice IS GRANTED. IT IS FURTHER ORDERED that the complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED effective immediately upon release of this Order. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Deputy Chief, Market Disputes Resolution Division Enforcement
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- Bureau issued a Notice of Apparent Liability (NAL) for a monetary forfeiture in the amount of $ 1,500. We note that Suburban Cellular, LLC failed to respond to that NAL. Therefore, based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, Suburban Cellular IS LIABLE FOR A MONETARY FORFEITURE in the amount of $ 1,500 for willful violation of Section 22.142(b) of the Rules, 47 C.F.R. § 22.142(b). 4. IT IS FURTHER ORDERED that, pursuant to Section 1.80(f) of the Rules, 47 C.F.R. § 1.80(f), Suburban Cellular shall,
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the parties' Joint Motion for Voluntary Dismissal With Prejudice IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau (continued....) Federal Communications Commission DA 00-246
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the parties' Joint Motion To Dismiss With Prejudice IS GRANTED. IT IS FURTHER ORDERED , pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and
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- justice may require. SouthEast's violation of the Act and the Rules was intentional, egregious, and repeated or continuous. Applying the Forfeiture Policy Statement and statutory factors to the instant case, we believe that a $100,000 forfeiture is warranted. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Rules, 47 C.F.R. §§ 0.111, 0.311, and 1.80, SouthEast Telephone Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE of $100,000 for violating Section 301 of the Act, 47 U.S.C. § 301, and Section 24.803 of the Rules, 47 C.F.R. § 24.803. The amount specified was determined after consideration of the factors set
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- amounts to which it may have been entitled under the Lifeline Assistance Fund, Genesis should have proceeded in accordance with the applicable federal requirements in a timely manner. V. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 208, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Reply Brief By Genesis Communications International, Inc., dated July 2, 1998 and received July 6, 1998, IS ACCEPTED as part of the record. 11. IT IS FURTHER ORDERED, pursuant to Sections 4(i), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 208,
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- of the apparent violations. See Forfeiture Policy Statement. In light of the facts presented in this case, we find that the licensee made a ``good faith'' effort to comply with the rule. Accordingly, rescission of the forfeiture is appropriate. IV. Ordering Clauses 5. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act, as amended, and Section 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, the prior forfeiture of $4,000 issued against Long Nine, Inc. for violating Section 73.1206 of the Commission's rules IS RESCINDED. 6. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by Certified Mail -- Return Receipt Requested, to counsel for the licensee, David D. Oxenford, Esq., Fisher Wayland
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- does not support a finding that the defendants violated TOCSIA, section 201(b) of the Act, or the Commission's rules, and therefore deny the complaint. conclusion Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the formal complaint, jointly filed by Roger M. Barnes, Robin A. Barnes, and Faasolo Tavai against LDDS/WorldCom, Petroleum Communications, Inc., PetroCom License Corporation, RVC Services, Inc. d/b/a Coastel Communications Company, and Bachow/Coastel, LLC IS DENIED. It is FURTHER ORDERED, all unresolved pleadings in this case ARE DISMISSED as
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- 301 and 333 of the Act and relevant rules by transmitting from an unauthorized location and interfering with her transmissions, respectively. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 205(a), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 205(a), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Marzec's complaint IS GRANTED IN PART, and DENIED IN PART, as described in this Order. It is FURTHER ORDERED, that the Motion to Dismiss, filed by Power on July 12, 1999, the Petition for Reconsideration and Objections to Interrogatories, filed by Marzec on April 21, 1999, the Motion
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- violations of the Commission's rules warrant the issuance of a Notice of Apparent Liability for Forfeiture under section 503, we will do so in a separate proceeding. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the above-referenced complaint filed by Bachow IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules,
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- we conclude that there are no substantial and material questions of fact as to whether MCI WorldCom possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. 6. Accordingly, IT IS ORDERED, pursuant to sections 4(i) and 4(j) of the Communications Act, 47 U.S.C. §§ 154(i), 154(j), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the attached Consent Decree is hereby ADOPTED. 7. IT IS FURTHER ORDERED that the above captioned investigation as well as the Commission staff inquiry into MCI WorldCom's casual billing practices ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the FEDERAL COMMUNICATIONS COMMISSION Washington,
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- His belated attempt to renew his request for an interview, more than two years after failing to follow through on his initial request and after an NAL has issued, is moot with respect to the issue of whether a forfeiture should be assessed. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Leslie D. Brewer, d/b/a L.D. Brewer's 2-Way Radio, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willful violations of Sections 2.803(a)(1) and 15.201(b) of the Rules, requiring authorization from the Commission prior to the marketing of radio frequency devices. 10. Payment of the forfeiture shall be made in the manner
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- factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Natchez has failed to provide a sufficient justification for canceling the proposed forfeiture amount, but has provided justification for reducing it to $5,000. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Natchez Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for the willful violation of Section 73.1213(b) of the Rules setting forth the painting and lighting requirements for radio towers. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- dismissing the complaint will serve the public interest by promoting the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to Sections 1, 4(i), 4(j), and 208 of the Communications Act, and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, that Kitchen Productions' request IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief Market Disputes Resolution Division Enforcement Bureau 47 U.S.C § 208. 47 C.F.R. §§ 22.535(c) and 22.352(a). 47 U.S.C. § 301. 47 U.S.C.
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- by promoting the private resolution of disputes and by reducing the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b) and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b) and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Joint Request for Waiver to File Supplemental Complaint is GRANTED. IT IS ALSO ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b) and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b) and 208, and the authority delegated in sections 0.111
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- by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 208 and 251 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), 208 and 251, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that MCI's Application for Review is DISMISSED WITH PREJUDICE. IT IS ALSO ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b) and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b) and 208, and the authority delegated in sections 0.111 and 0.311 of
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- to $2,000. Conclusion and Ordering Clauses 4. ACCORDINGLY, IT IS ORDERED, that WTTW's request for reduction or rescission filed January 2, 1998 IS GRANTED to the extent that we approve a reduction of the proposed forfeiture amount from $5,000 to $2,000. 5. IT IS FURTHER ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Window to the World Communications, Inc., licensee of noncommercial educational television station WTTW (TV), Chicago, Illinois, shall FORFEIT to the United States the sum of Two Thousand Dollars ($2,000), for willfully and repeatedly violating Section 399B of the Communications Act of 1934, as amended, 47 U.S.C. Sec. 399b, and Section 73.621(e) of the
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- our letter of inquiry, including its description of its policies and procedures concerning compliance with Section 73.1206, and we do not find any basis for either increasing or decreasing the forfeiture from the base forfeiture amount. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that Infinity Broadcasting Corp. of Washington, D.C. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for willfully violating Section 73.1206 of the Commission's rules, 47 C.F.R. § 73.1206. IT IS FURTHER ORDERED, pursuant to Section 1.80 of
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- jurisdiction of the Florida Public Service Commission. Because we dismiss this matter for lack of jurisdiction, we do not address the parties' other arguments in this case. Accordingly, IT IS ORDERED, pursuant to sections 1, 2(b), 201 and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 152(b), 201, 208, and the authority delegated in Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the above-captioned complaint filed by LDDS Communications, Inc., IS DISMISSED FOR LACK OF JURISDICTION. IT IS FURTHER ORDERED that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau LDDS filed its complaint pursuant to Sections 206 through 209 of the Communications Act of 1934,
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- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, and 0.311, that the joint motion to dismiss the above-captioned complaint with prejudice IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. 5. IT IS FURTHER ORDERED that this Order is effective immediately upon release thereof. FEDERAL COMMUNICATIONS COMMISSION
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- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 202, and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 202, and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, and 0.311, that the joint motion to dismiss the above-captioned complaint with prejudice IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. 5. IT IS FURTHER ORDERED that this Order is effective immediately upon release thereof. FEDERAL COMMUNICATIONS COMMISSION
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- technical deficiencies and, therefore, did not jeopardize the safety of life. 11. Taking into account all of the factors required by the Policy Statement and Section 1.80 of the Rules including but not limited to those discussed above, we conclude that the appropriate forfeiture amount is $10,000. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 364(a) of the Act, Sections 0.111, 0.311 and 1.80 of the Rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, and the Commission's Policy Statement, Sealand Services, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for the willful violation of Section 362(b) of the Act and Section 80.1067(a) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided
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- that it has no financial resources does not support a reduction of the forfeiture because ABEF has not provided any evidence upon which we can reasonably assess its ability to pay. See Forfeiture Policy Statement, supra note 5, 12 FCC Rcd at 17106-07. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, American Broadcasting Educational Foundation IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating the provisions of Section 73.1125 of the Commission's rules, which require maintenance of adequate staffing at a broadcast station's main studio. 9. IT IS FURTHER ORDERED THAT, the forfeiture proposed
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- of those authorizations on April 7, 1999. On April 23, 1999, the Commission's staff returned those applications to Pampa as defective. Pampa refiled the applications on May 28, 1999, and the Commission's staff granted them on September 20, 1999. 4. On November 4, 1999, WTB, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80 of the Rules, issued the referenced NAL in the amount of two thousand dollars ($2,000) to Pampa for the late filing of its license renewal applications. 5. On December 6, 1999, the FCC received Pampa's response to the NAL. In that response, Pampa asserted, among other arguments, that it requested application forms from the Commission on March
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- NAL pursuant to the statutory factors above, and in conjunction with the Policy Statement. As a result of our review, we conclude that Western has failed to provide a sufficient justification for canceling or reducing the forfeiture amount. Therefore, we affirm the forfeiture amount of $6,000. 12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Sections 0.111, 0.311 and 1.80 of the Rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, and the Commission's Policy Statement, Western Communications Paging, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,000 for the willful violation of Section 22.565 of the Rules, which prohobits operation excessive power. 13. Payment of the forfeiture shall be made in the manner provided
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- interest by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 208, 271, and 272 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 4(i), 4(j), 208, 271, and 272, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that MCI's Motion for Withdrawal IS GRANTED. 5. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), 208, 271, and 272 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 4(i), 4(j), 208, 271, and 272, and the authority delegated in sections 0.111 and 0.311 of the
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- FCC 2d 289, 291 (Broadcast Bureau 1977), citing Executive Broadcasting Corp., 3 FCC 2d 699 (1966). Considering the records as a whole, we believe that a $10,000 forfeiture is appropriate for the violations in this case. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that WS Communications, L.L.C. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 73.3526 of the Commission's rules, 47 C.F.R. § 73.3526. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the
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- further enforcement action. Rather, the application or request for program test authority or STA must be granted or WBC must terminate all unauthorized operation of Station WRHC. Otherwise, WBC risks loss of the license for Station WRHC as well as additional forfeiture penalties. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, WRHC Broadcasting Corp. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-two thousand five hundred dollars ($22,500) for violating the terms and conditions of its license and the Commission's rules requiring operation within the parameters set forth in the license, and requiring express permission prior to a
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- select and reach agreements with programmers prior to December 15, 1999. Finally, none of the circumstances EchoStar has presented to us support mitigation of the forfeiture. Accordingly, we find EchoStar apparently liable for an $11,000 forfeiture. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that EchoStar Satellite Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of eleven thousand dollars ($11,000) for willfully violating Section 335 of the Communications Act of 1934, as amended, 47 U.S.C. § 335, and Section 100.5(c) of the Commission's rules, 47
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- serve the public interest by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that INFONXX's Motion to Withdraw its petition for reconsideration IS GRANTED. IT IS FURTHER ORDERED that INFONXX's petition for reconsideration IS DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau (continued....) Federal Communications Commission DA 00-623
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- service of the NALs that were issued and mailed to them prior to the expiration of the statute of limitations, CSBDA and Westall cannot now claim that the NALs fail because they were not issued within the timeframe established by 47 U.S.C. 503(b)(6)(B). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Colorado Small Business Development Association, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount $10,000, and Westall Communications, d/b/a M.T.W. IS LIABLE FOR A MONETARY FORFEITURE in the amount $12,000, for violating the provisions of the Communications Act and the Commission's Rules requiring that radio transmitters be operated in accordance with a
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- equipment. On October 29, 1999, the Commission's Philadelphia, Pennsylvania Field Office issued a Notice of Apparent Liability (``NAL'') for Forfeiture in the amount of twenty thousand dollars (20,000). Kel-Comm Broadcasting Inc. has not filed a response. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and sections 0.111, 0.311 and 1.80 of the Rules, Kel-Comm Broadcasting Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount $20,000, for willful and repeated violations of Section 303(q) of the Act, and Sections 1.89, 11.15, 11.35, 11.41, 17.4, 17.21, and 17.50 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- equipment. On October 29, 1999, the Commission's Philadelphia, Pennsylvania Field Office issued a Notice of Apparent Liability (``NAL'') for Forfeiture in the amount of twenty thousand dollars ($20,000). Mar-Comm Broadcasting Inc. has not filed a response. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,2 and Sections 0.111, 0.311 and 1.80 of the Rules,3 Mar-Comm Broadcasting Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount $20,000, for willful and repeated violations of Section 303(q) of the Act, and Sections 1.89, 11.15, 11.35, 11.41, 17.4, 17.21, 17.50 and 17.56(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80
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- Office, issued a Notice of Apparent Liability (``NAL'') for a monetary forfeiture in the amount of $14,000. Willis Broadcasting has not filed a response. Based on the information before us, we affirm this forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, Willis Broadcasting IS LIABLE FOR A MONETARY FORFEITURE in the amount of $14,000 for willful and repeated violations of Sections 73.1213(b) and 1.89(b) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, 47 C.F.R.
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- 1999, the Wireless Telecommunications Bureau issued a Notice of Apparent Liability (``NAL'') for a monetary forfeiture in the amount of five thousand dollars ($5,000). Simon Property has not filed a response. Based on the information before us, we affirm this forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, Simon Property IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for willful and repeated violations of Section 301 of the Communications Act of 1934, as amended, former Section 90.113 of the Commission's Rules and Section 1.903 of the Commission's Rules. 4.
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- evidence relating to this matter, we conclude that there are no substantial and material questions of fact as to whether Sprint possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act, 47 U.S.C. § 154(i), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned case as well as the Commission staff inquiry into the matter described herein ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating this proceeding. 6. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C §§ 154(i) and 154(j), and the authority delegated in Sections 0.111 and 0.311of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the attached Consent Decree is hereby ADOPTED. 7. IT IS FURTHER ORDERED that the above captioned forfeiture proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) File No. x18ed0002 ) KANZA, Inc.
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- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b) and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that MCI's Motion For Voluntary Dismissal IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint (i.e., E-95-35) IS DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. IT IS FURTHER ORDERED that the above-captioned supplemental complaint for damages (i.e., 99-16S) solely as it pertains to MCI's claims against
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- for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201, 202, 208, 258, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201, 202, 208, 258, and 276, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the parties' Joint Motion To Dismiss IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-682 Federal Communications Commission DA
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- issuance of the NAL, on November 9, 1999, and February 14, 2000, FCC agents again detected apparent operation by Sunjet on an unauthorized frequency, without station identification. Those apparent violations are not addressed here. Further violations may lead to revocation of Sunjet's license. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Sunjet Car Service, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand ($7,000) for the repeated and willful violation of Sections 1.903 and 90.135 of the Rules concerning unauthorized operation and Section 90.425(a) of the Rules which sets forth the identification requirements. 16. Payment of the forfeiture shall be made
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- Office issued a Notice of Apparent Liability (``NAL'') for a monetary forfeiture in the amount of $12,000. Willis Broadcasting Corporation has not filed a response. Based on the information before us, we affirm this forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Rules, 47 C.F.R. §§ 0.111, 0.311, and 1.80, Willis Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,000 for willful and repeated violations of Sections 11.35(a) and 1.89(b) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the parties' Joint Motion for Voluntary Dismissal Without Prejudice IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITHOUT PREJUDICE and that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau (continued....) Federal Communications Commission DA 00-718
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- resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the motion for withdrawal of the above-captioned complaint IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. 5. IT IS FURTHER ORDERED that this Order is effective immediately upon release thereof. FEDERAL COMMUNICATIONS COMMISSION Frank G.
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- customers. Thus, we believe that the public interest is already being served by the options given to GTE by the Commission's rules and by the Bachow-GTE Order. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Motion to Stay filed by GTE IS DENIED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau See 47 C.F.R. §§ 22.911(d), 22.912. See Bachow/Coastel, L.L.C. v. GTE Wireless of the South, Inc., Order, DA 00-420 (rel. Feb. 29, 2000) (``Bachow-GTE Order''). See id. at 1-2. See
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- by promoting the private resolution of disputes and by eliminating the need for further litigation and expenditure of resources by the parties and the Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, 276, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Motion for Withdrawal of the complaint IS GRANTED. IT IS FURTHER ORDERED that the complaint IS DISMISSED WITHOUT PREJUDICE and that the proceeding IS TERMINATED effective immediately upon the Release Date of this Order. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Deputy Chief, Market Disputes Resolution Division Enforcement
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- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Two Way has failed to justify cancellation or reduction of the proposed forfeiture amount. Therefore, we affirm the forfeiture of seven thousand dollars ($7,000). IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the Two Way Shop, IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand ($7,000) for the repeated and willful violation of Section 302 of the Act, which prohibits the sale or offer for sale of transmitting equipment not in compliance with the FCC rules, and Sections 2.803 and 2.815 of the
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- by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201, 203, and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201, 203, and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, and 0.311, that the joint motion to dismiss the above-captioned complaint with prejudice IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. 5. IT IS FURTHER ORDERED that this Order is effective immediately upon release thereof. FEDERAL COMMUNICATIONS COMMISSION
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- above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that KNFL has failed to justify cancellation or reduction of the proposed forfeiture amount. Therefore, we affirm the forfeiture of sixteen thousand dollars ($16,000). IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, KNFL, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of sixteen thousand ($16,000) for the repeated and willful violation of Section 301 of the Act, which prohibits unlicensed radio operation. 14 Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30)
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- we consider these claims abandoned. IV. ORDERING CLAUSE Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 202, 208, 224, and 254(k) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 202, 208, 224, 254(k), and sections 32.27 and 64.901 of the Commission's rules, 47 C.F.R. §§ 32.27, 64.901, and under the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the complaint filed by the Tennessee Cable Telecommunications Association, et al. and the Cable Television Association of Georgia, et al., IS DENIED in its entirety. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 208. See 47 C.F.R. § 64.901. See 47 C.F.R. § 32.27.
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- should not be settled, then any of the Plaintiffs involved in the original primary jurisdiction referral may, without prejudice, refile their Petition for Declaratory Ruling. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), 208, and the authority delegated in sections 0.111, 0.311, and 1.2 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.2, that the Petition for Declaratory Ruling IS DISMISSED WITHOUT PREJUDICE and that the proceeding IS TERMINATED effective immediately upon the Release Date of this Order. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Deputy Chief, Market Disputes Resolution Division Enforcement Bureau See In Re: AT&T Optional Calling Plan Class
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- principles regarding its verification mechanisms and procedures for its independent representatives, as well as certain other pro-consumer steps and commitments, we believe that the public interest would be served by approving the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act, 47 U.S.C. § 154(i), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned case as well as the Commission staff inquiry into the matter described herein ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau (continued....) Federal Communications Commission Federal Communications Commission DA 00-898
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- forfeitures, as provided by SBREFA. See Jerry Szoka, 14 FCC Rcd 9857, 9866 (1999), recon. denied 14 FCC Rcd 20147 (1999). Using this guidance, we do not find that Callcomm is entitled to a further reduction or cancellation of the forfeiture amount. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Callcomm Repeater Association IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 301 of the Act and former Section 90.113 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within
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- forfeitures, as provided by SBREFA. See Jerry Szoka, 14 FCC Rcd 9857, 9866 (1999), recon. denied 14 FCC Rcd 20147 (1999). Using this guidance, we do not find that Callcom is entitled to a further reduction or cancellation of the forfeiture amount. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Callcom, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 301 of the Act and former Section 90.113 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30
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- above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Arvada has failed to justify cancellation or reduction of the proposed forfeiture amount. Therefore, we affirm the forfeiture of four thousand dollars ($4,000). IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Arvada Excavating Company, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for the repeated and willful violation of Section 301 of the Act and former Section 90.113 of the Rules, which prohibit unauthorized operation. 14. Payment of the forfeiture shall be made in the manner provided for
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- or consider any arguments particular independent payphone providers may have that the statute of limitations was tolled for other reasons prior to the filing of their respective informal complaints. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0111 and 0311, that the motion for clarification or, in the alternative, partial reconsideration, is GRANTED IN PART and DENIED IN PART, as provided herein. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau In the Matter of Informal Complaints Filed by Independent Payphone Service Providers Against
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- Upon review of the particular circumstances in this case, and in accordance with the discretion afforded to the Commission by Section 504(b) of the Act, and implemented by Section 1.80(i) of the Rules, we have determined that rescission of the forfeiture is warranted. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, pursuant to Section 504(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, that the forfeiture issued against County of Surry IS RESCINDED. 7. IT IS FURTHER ORDERED that, a copy of this Order shall be sent by Certified Mail Return Receipt Requested to the County of Surry, and its counsel, Fred J. Folger, at Folger & Folger, 129 Moore Avenue, P.O. Box 428, Mount Airy, North
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- duration of Bay's violations, when coupled with its culpability, offset Bay's overall history and market situation. Further, neither Bay's small business status nor its asserted inability to pay warrants reduction or cancellation of the forfeiture. The forfeiture is appropriate and should be imposed. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, Bay Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of nineteen thousand dollars ($19,000). The forfeiture is imposed for willful and repeated violations of Section 301 of the Act and Sections 73.1201, 73.1675, 73.1690 and 74.1251 of the Commission's rules. Among other things, those provisions proscribe operation of unlicensed transmitters;
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- used to calculate damages, consistent with the Liability Order's instructions. Accordingly, IT IS ORDERED pursuant to Sections 1, 4(i), 4(j), 201(b), 203(c), 208, and 415, of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), 203(c), 208, 415, and Section 69.105(a) of the Commission's rules, 47 C.F.R. § 69.105(a), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the above-captioned complaints filed by Sprint Communications Company, L.P. and MCI Telecommunications Corporation ARE GRANTED to the extent discussed above and otherwise ARE DENIED. IT IS FURTHER ORDERED that AT&T's motion for leave to file an amicus brief IS DENIED. IT IS FURTHER ORDERED that Sprint Communications Company,
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- that it had consummated the assignments. Champion's authorizations expired on April 1, 1999. Champion, however, did not file applications for the renewal of those authorizations until June 3, 1999. WTB granted the late-filed renewal applications on September 20, 1999. 4. On November 4, 1999, WTB, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80 of the Rules, issued the referenced NAL in the amount of three thousand dollars ($3,000) to Champion for the late filing of its license renewal applications. 5. On December 6, 1999, the FCC received Champion's response to the NAL. In that response, Champion argues that its failure to file timely renewal applications was not willful because it
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- the statutory factors above, and in conjunction with the Policy Statement. As a result of our review, we conclude that Mr. Holcombe has failed to justify cancellation or reduction of the proposed forfeiture. Therefore, we affirm the forfeiture of eight thousand dollars ($8,000). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Paul E. Holcombe, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and malicious interference to radio communications in violation of Section 333 of the Act and Section 97.101(d) of the Rules and for transmitting unidentified amateur radio communications in violation of Section 97.119 of the
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- the statutory factors above, and in conjunction with the Policy Statement. As a result of our review, we conclude that Mr. Meyers has failed to justify cancellation or reduction of the proposed forfeiture. Therefore, we affirm the forfeiture of eight thousand dollars ($8,000). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Robert L. Meyers, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and malicious interference to radio communications in violation of Section 333 of the Act and Section 97.101(d) of the Rules and for transmitting unidentified amateur radio communications in violation of Section 97.119 of the
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- with the right of the petitioners to procedural fairness. In light of the substantial delay by petitioners, we conclude that the equities clearly lie in denying the requested relief. ACCORDINGLY, IT IS ORDERED, pursuant to Sections 4(i), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 201(b), 208, and the authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, 47 C.F.R. §§ 0.111, 0.311, that the petitions for reinstatement filed by Southern California Pay Phone Company and Total Communications Services, Inc. ARE DENIED. IT IS FURTHER ORDERED that this Order is effective immediately upon release thereof. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau See Petition for Reinstatement of Southern California Pay
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- the same damages, arising from the same transaction, that are at issue in the FCC Complaint. Accordingly, we dismiss COMSAT's FCC Complaint with prejudice. V. ORDERING CLAUSE 30. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 207, and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 207, 208, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the formal complaint in this proceeding IS DISMISSED WITH PREJUDICE and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 208. 47 U.S.C. §§ 751-757 (Maritime Satellite Act or Inmarsat Act). COMSAT also refers to the Inmarsat Convention, the Inmarsat Operating
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- a forfeiture of $2,000 as the base amount for violation of the enhanced underwriting requirements. In this case, we believe that a forfeiture of $1,000 is appropriate due to the prior unblemished enforcement record of the licensee. IV. Ordering Clauses 9. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Southern Rhode Island Public Radio Broadcasting, Inc., licensee, noncommercial educational Station WBLQ(FM), Westerly, Rhode Island, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of One Thousand Dollars ($1,000.00) for willfully and repeatedly violating 47 U.S.C. Section 399b and Section 73.503 of the Commission's rules. 10. IT IS FURTHER ORDERED,
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- believe a $4,000 forfeiture is appropriate in this case. We note that a station controlled by Citicasters' corporate parent recently committed a similar violation. Future violations by stations owned by these entities will likely result in significantly higher forfeitures. Ordering clauses ACCORDINGLY, IT IS ORDERED THAT pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Citicasters Co. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 73.1216 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days of the release of this Notice, Citicasters
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- (allowing a plaintiff to dismiss an action without prejudice by filing a notice of dismissal before service of an answer by the adverse party). Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b) and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b) and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that McLeodUSA's Complaint is DISMISSED WITHOUT PREDJUDICE. FEDERAL COMMUNICATIONS COMMISSION Frank G. Lamancusa Deputy Chief, Market Disputes Resolution Division Enforcement Bureau (continued....) Federal Communications Commission DA 00-490 Federal Communications Commission DA 00-1029 ˇ ¸ ¸ @& Ŧ ¸
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- forfeiture is an appropriate tool to punish its prior violations and to ensure future compliance with our rules. We believe a $4,000 forfeiture will act as an appropriate punishment and deterrent without unduly disrupting WS's ability to serve the public. Ordering clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, WS Communications, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000), for its willful and repeated violations of Section 73.3526 of the Commission's rules, 47 C.F.R. § 73.3526. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's rules
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- instance within the [agency's] discretion.'' Id., 88 F.3d at 747, citing NLRB v. Bell Aerospace Co., 416 U.S. 267, 294 (1974). Infinity has wholly failed to show that there has been any abuse of that discretion in this case. IV. Ordering Clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, Infinity Broadcasting Corporation of Washington, D.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000), for its willful violation of Section 73.1206 of the Commission's rules, 47 C.F.R. § 73.1206. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's
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- this matter, we conclude that there are no substantial and material questions of fact as to whether IBM possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 4(j) of the Communications Act, 47 U.S.C. §§ 154(i), 154(j), and the authority delegated in Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the attached Consent Decree is hereby ADOPTED. IBM may make its voluntary contribution to the United States Treasury by credit card through the Commission's Credit and Debt Management Center at (202) 418-1995 or by mailing a check or similar instrument, payable to the order of the Federal
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- need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 202(a), 208, 251(b)(1) and 251(c)(4) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), 202(a), 251(b)(1) and 251(c)(4), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. § 0.111 and 0.311, that the joint motion to dismiss the above-captioned complaint with prejudice IS GRANTED. 5. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission
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- answer by the adverse party). We note that this action does not affect the validity of the order issued in the liability phase of this proceeding. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, and 0.311, that the motion for leave to withdraw the above-captioned supplemental complaint without prejudice IS GRANTED. IT IS FURTHER ORDERED that the above-captioned supplemental complaint IS DISMISSED WITHOUT PREJUDICE and that the proceeding IS TERMINATED. 5. IT IS FURTHER ORDERED that this Order is effective immediately upon release thereof.
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Joint Motion For Voluntary Dismissal IS GRANTED WITH PREJUDICE. IT IS FURTHER ORDERED that the above-captioned complaint, as it pertains solely to the dispute between Ameritech and Frontier IS DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications
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- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b) and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Wiltel's Motion For Voluntary Dismissal IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint (i.e., E-94-40) IS DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-1169 Federal Communications Commission
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- dismissing the complaint will serve the public interest by eliminating the need for further litigation and the expenditure of further resources of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b) and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Southwestern Bell Telephone Company's Motion to Withdraw Application for Expedited Review IS GRANTED. IT IS FURTHER ORDERED that this proceeding, i.e., E-93-95, is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-1169 Federal Communications Commission DA 00-1170
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- will have the opportunity to participate. We note that in that proceeding, the Commission specifically asked for comments on emerging and existing technologies that the Commission ``has not yet fully evaluated for inclusion in relay service,'' among them new transmission protocols for TTYs. Accordingly, IT IS ORDERED THAT, pursuant to Section 225 of the Act, 47 U.S.C. § 225,and Sections 0.111 and 0.311 of the Commission's rules, the above-captioned complaint filed by Disabilities Rights, Inc. IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Catherine W. Seidel, Chief Telecommunications Consumer Division Enforcement Bureau 47 U.S.C. § 225. This section, inter alia, directs the Commission to ensure that telecommunications relay service (TRS) is available, to the extent possible and in the most efficient manner, to individuals
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- incorrectly stated that the Commission's forfeiture guidelines establish a base amount of $11,000 for violations of this nature. The correct base forfeiture amount for operation of a radio station without a valid Commission license or authorization is $10,000. We therefore reduce the forfeiture amount to $10,000. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jean R. Jonassaint, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willful and repeated violation of the provisions of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release
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- public interest by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b) and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that WorldCom Inc.'s Motion For Voluntary Dismissal IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint (i.e., E-97-13) IS DISMISSED and that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-1186 Federal Communications Commission DA
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- a forfeiture. In this case, we believe the base amount of $1,000, set by the Forfeiture Policy Statement, is insufficient. We conclude that an upward adjustment of $500 is warranted for the intentional and repeated aspects of the violation. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b) and sections 0.111, 0.311 and 1.80(f) of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80(f), Bay Broadcasting Corporation IS NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of one thousand five hundred dollars ($1,500). The forfeiture is imposed for willful and repeated violations of section 73.1201 of the Commission's rules, 47 C.F.R. § 73.1201, which requires regular broadcasts of
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- forfeitures, as provided by SBREFA. See Jerry Szoka, 14 FCC Rcd 9857, 9866 (1999), recon. denied 14 FCC Rcd 20147 (1999). Using this guidance, we do not find that Callcomm is entitled to a further reduction or cancellation of the forfeiture amount. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Colorado Callcomm, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days of the release of this
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- extending the requested waiver, Indiana Paging's failure to file a formal complaint within the prescribed period will foreclose application of the relation-back provision of section 1.718 of the Commission's rules. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208 and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the petition for waiver of section 1.718(a) of the Commission's rules, 47 C.F.R. § 1.718(a), IS GRANTED. This waiver is effective as of October 21, 1999. Federal Communications Commission Glenn T. Reynolds Chief, Market Disputes Resolution Division 47 C.F.R. § 1.718. On December 17, 1998, Indiana Paging
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- extending the requested waiver, Indiana Paging's failure to file a formal complaint within the prescribed period will foreclose application of the relation-back provision of section 1.718 of the Commission's rules. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208 and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the petition for waiver of section 1.718(a) of the Commission's rules, 47 C.F.R. § 1.718(a), IS GRANTED. This waiver is effective as of October 21, 1999. Federal Communications Commission Glenn T. Reynolds Chief, Market Disputes Resolution Division 47 C.F.R. § 1.718. On December 17, 1998, Indiana Paging
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- Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') to La Favorita in the amount of four thousand dollars ($4,000) for the noted violation. La Favorita has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, La Favorita, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willful violation of Section 1.89(b) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days of the release of this Order.
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- Commission's Rules. 3. On July 26, 1999, the Commission's Wireless Telecommunications Bureau issued a Notice of Apparent Liability (``NAL'') for a $2,000 monetary forfeiture. Redondo Beach has not filed a response. Based on the information before us, we affirm this forfeiture. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, the City of Redondo Beach, California IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for willful and repeated violations of Section 301 of the Act, former Section 90.113 of the Rules, and current Section 1.903(a) of the Rules. 5. Payment of the forfeiture shall
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- the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4 (j), 201, 208, 226, and 271 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201, 208, 226, and 271, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that AT&T's request to withdraw the above-captioned complaint IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4 (j), 201, 208, 226, and 271 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201, 208, 226, and 271, and the authority
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the parties' Joint Motion to Dismiss With Prejudice IS GRANTED WITH PREJUDICE. IT IS FURTHER ORDERED that the above-captioned complaint (i.e., E-95-10) IS DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. IT IS FURTHER ORDERED that the above-captioned supplemental complaint for damages (i.e., E-99-15S) solely as it
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the parties' Joint Motion To Dismiss With Prejudice IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint (i.e., E-98-19) IS DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau (continued....) Federal Communications Commission DA
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- need for further litigation and the expenditure of additional time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201, 202, 203, and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201, 202, 203, and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the motion to dismiss with prejudice IS GRANTED. 4. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), 201, 202, 203, and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201, 202, 203, and 208, and the authority delegated in
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- eliminating the need for further litigation and the expenditure of additional time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208, 251, and 252 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, 251, and 252, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the motion IS GRANTED. 4. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), 208, 251, and 252 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, 251, and 252, and the authority delegated in sections 0.111 and 0.311 of the
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the parties' Joint Motion To Dismiss With Prejudice IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311
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- Houston Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of seventeen thousand dollars ($17,000) to Mr. Martin. Mr. Martin has not filed a response. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Leonard D. Martin, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willful and repeated violation of the provisions of Sections 301 and 303(n) of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of
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- terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating this inquiry. 4. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C §§ 154(i) and 154(j), and the authority delegated in Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the attached Consent Decree is hereby ADOPTED. 5. Raide and Radio Corporation may, collectively or individually, make the voluntary contribution referenced in the Consent Decree to the United States Treasury by credit card through the Commission's Credit and Debt Management Center at (202) 418-1995 or by mailing
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- and we see no reason to await issuance of the guidelines before imposing the forfeiture order in this case. In the absence of any substantive response to our NAL, we impose a forfeiture for the full amount originally proposed. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, Citicasters Co. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating 18 U.S.C. § 1464. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's rules within 30 days of the release of this Forfeiture Order. If
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- Washington Field Office issued a Notice of Apparent Liability for Forfeiture in the amount of seven thousand dollars ($7,000) to Reier for the noted violation. Reier has not filed a response. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Reier Broadcasting Company, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for failing to enclose its AM antenna tower within an effective locked fence in violation of Section 73.49 of the Commission's Rules. Payment of the forfeiture shall be made in the manner provided for in
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- does not demonstrate that further reduction of the forfeiture for this violation is warranted. We agree, however, that Culpeper's history of overall compliance does warrant a reduction of the forfeiture for the fencing violation. Accordingly, we reduce the total forfeiture to $7,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Culpeper Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of the provisions of Sections 73.49 and 73.1560(a) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- amended, 47 U.S.C. § 201(b). As damages for this violation, Bell Atlantic must pay Rainbow $345,600, including interest computed as set forth above. V. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 201(b), and 208, and authority delegated pursuant to sections 0.111 and 0.333 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.333, that the formal complaint filed in this matter by Rainbow Programming Holdings is hereby GRANTED in part as indicated herein. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), 206, 208 and 209 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 206, 208 and
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- our ruling on the merits moots the necessity to consider Metronet's affirmative defenses and its motion to dismiss, we need not consider them. IV. CONCLUSION AND ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to Sections 4(i), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 201(b), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Glo Gem's formal complaint against Metronet IS DENIED and that this proceeding IS TERMINATED effective immediately upon the Release Date of this Order. FEDERAL COMMUNICATIONS COMMISSION David H. Soloman Chief, Enforcement Bureau Metronet Telecom was formerly known as Executone-Metronet, Inc. Glo Gem Productions, Inc. v. Metronet-Telecom, Inc., File No.
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- Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of twelve thousand dollars ($12,000) to Morradio, Inc. for the referenced violations. Morradio has not filed a response. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Morradio, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,000 for willful violation of the provisions of Sections 11.35(a), 73.1690(b), and 73.3538(a)(4) of the Commission's Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of
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- Under these guidelines, we consider a licensee's ability to pay as a relevant factor in assessing forfeitures. Our review of Ms. Gizzo's tax returns leads us to conclude that the forfeiture should be further reduced from the $4,000 base forfeiture amount to $2,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Sandra J. Gizzo, IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for operation of a transmitter on 938.1125 MHz at an unauthorized location in willful and repeated violation of Section 301 of the Act and former Section 90.113 of the Rules. IT IS FURTHER ORDERED that Sandra J.
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- that cancellation of the proposed forfeiture is not justified and that the proper forfeiture amount is $4,000. IV. ORDERING CLAUSES 17. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 1.113(b) of the Rules, the Forfeiture Order (DA 00-1428) released June 26, 2000, IS SET ASIDE. 18. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Leonard D. Martin, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willful and repeated violation of the provisions of Sections 301 and 303(n) of the Act. 19. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.'' After reviewing all of the circumstances, we believe a $7,000 forfeiture is appropriate in this case. Ordering Clauses ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Communicast Consultants, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating Section 503(b)(1)(D) of the Communications Act of 1934, as amended, and Section 73.3999 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules,
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- to a further reduction or cancellation of the forfeiture amount. 11. After examining ARS Broadcasting's response to the NAL under Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we find that $7,000 is the appropriate forfeiture amount in this case. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, ARS Broadcasting Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 73.49 of the Commission's Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days of the release of
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- in appropriate cases, demonstrate licensee's ``good faith'' effort to comply with Commission rules and justify mitigation). In sum, we believe that the nature of the apparent violations require the imposition of the respective base monetary forfeiture amounts. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Kevin Hackler is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand dollars ($11,000) for violating the provisions of the Act and the Commission's rules requiring licensees to obtain Commission authorization prior to transferring substantial station control, pursuant to Section 310(d) of the Act and Section 73.3540
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- may, in appropriate cases, demonstrate licensee's ``good faith'' effort to comply with Commission rules and justify mitigation). In sum, we believe that the nature of the apparent violation requires the imposition of the base monetary forfeiture amounts. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Kenneth Paul Harris, Sr. is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating the provisions of the Act and the Commission's rules requiring persons to obtain Commission authorization prior to assuming substantial station control, pursuant to Section 310(d) of the Act and
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- terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating this proceeding. 5. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C §§ 154(i) and 154(j), and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, 47 C.F.R. §§ 0.111 and 0.311, that the attached Consent Decree is hereby ADOPTED. 6. IT IS FURTHER ORDERED that the voluntary contribution referenced in the Consent Decree shall be paid by a check or money order drawn to the order of the ``Federal Communications Commission.'' Reference should be made on the check or
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- PNI licensee, WBC has not demonstrated that its conduct warrants a reduction of its proposed forfeiture. Quite the opposite, WBC's intentional misconduct justifies use of the upward adjustment criteria cited in the NAL. The proposed forfeiture is fully justified and should be imposed. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80 of the Commission's rules, WRHC Broadcasting Corp. FORFEIT to the United States the sum of twenty-two thousand five hundred dollars ($22,500) for violating the terms and conditions of its license and the Commission's rules requiring operation within the parameters set forth in the license, and requiring express permission prior to a permittee's operation or commencement of program
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- to be more egregious than the typical case in that Citicasters' disc jockeys apparently broke Ms. Sage's answering machine code in order to access the recorded conversation, we are adjusting the proposed forfeiture up to $6,000. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that Citicasters Co. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of six thousand dollars ($6,000) for willfully violating Section 73.1206 of the Commission's rules, 47 C.F.R. § 73.1206. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that
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- set forth in Section 503(b)(2)(D) of the Act, including Advanced TelCom's prior record of compliance, were taken into account in setting the proposed forfeiture at $3,000 for both stations. Accordingly, we find that no further downward adjustment of the forfeiture amount is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Advanced TelCom, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand ($3,000) for willfully violating Section 1.949 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- PJB Communications of Virginia, Inc., 7 FCC Rcd 2088 (1992). In view of the number and seriousness of Booth's violations and the gross revenues indicated by Booth's tax returns, we conclude that it is appropriate to reduce Booth's forfeiture from $20,000 to $5,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Booth-Newsome Broadcasting, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for willfully and repeatedly violating Sections 11.35, 73.1590(a)(6), 73.1590(b), and 73.3526(a)(2) of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days of
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- other commitments and representations in the Consent Decree, we believe that approving the Consent Decree and terminating the forfeiture proceeding will serve the public interest. Furthermore, we find that no substantial or material question of fact exists regarding SouthEast's basic qualifications to hold a Commission license. 4. Accordingly, IT IS ORDERED, pursuant to Sections 4(i)-(j) of the Act, and Sections 0.111 and 0.311 of the Rules, that the Consent Decree, incorporated by reference in and attached to this Order, IS ADOPTED. 5. SouthEast may make its voluntary contribution to the United States Treasury by credit card through the Commission's Credit and Debt Management Center at (202) 418-1995, or by mailing a check or similar instrument, payable to the order of the
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- (1999). In this case, we consider Stone/Collins' voluntary disclosure of its violation and the nature of the station to be mitigating factors. Considering the record as a whole, we believe that a $3,000 forfeiture is appropriate. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that Stone/Collins Communications, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of three thousand dollars ($3,000) for willfully and repeatedly violating Section 310(d) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. § 310(d), and Section 73.3540(a) of the
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- of apparent liability. If NATN continues to violate the Commission's universal service rules, such violations could result in future notices of apparent liability proposing substantially greater forfeitures, or could result in issuance of a show cause order to revoke NATN's operating authority. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80 of the Commission's Rules, North American Telephone Network is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifty-five thousand dollars ($55,000) for violating the Act and the Commission's rules requiring regular contributions for universal service. 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within thirty days
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- 1998, and $10,660 in 1997. After considering this information, we conclude that requiring Mr. Sanders to pay a $6,000 forfeiture would impose a financial hardship. Finally, we will refer Mr. Sanders' submission of his authorizations for Stations KNKL513, KNKD291 and KNKD302 to the Wireless Bureau for cancellation as requested. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the forfeiture in the amount of six thousand dollars ($6,000) proposed in the NAL IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail Return Receipt Requested to D.A. Sanders, 1611 Baden Powell Drive, Hawthorne, Florida 32640, and to his counsel, Lewis Goldman, 4141 North Henderson
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- the Commission's attention, we will, upon the filing of a new complaint, make every effort to decide them expeditiously. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 207, and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 207, and 208, and the authority delegated or otherwise established in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the complaint filed by Haxtun IS DISMISSED WITHOUT PREJUDICE. FEDERAL COMMUNICTATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 208. See Haxtun Telephone Co. v. AT&T Communications, Inc., Order and Memorandum of Decision, Civil Action No. 97 N 1484 (D. Colo., filed June 19, 1998)
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- in this proceeding, in light of AirTouch's pleading, and find them to be fair and reasonable. The grant of its motion would, accordingly, result in an unreasonable delay in the conclusion of this proceeding. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i) and 4(j) of the Communications Act, 47 U.S.C. §§ 154(i), 154(j), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that AirTouch's Motion is hereby DENIED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Nova Cellular West, Inc., d/b/a San Diego Wireless v. AirTouch Cellular, No. C 99-2142 [CAL], unpublished order, issued October 7, 1999. Letter from Roderick A. Mette, Commission Staff Attorney, to the Parties' Attorneys,
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the parties' Joint Motion To Dismiss With Prejudice IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau (continued....) Federal Communications Commission DA 00-1920 Federal
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- of the violation (February 26, 1999), we believe that Three Eagles can only receive limited credit for its prior record of compliance. Based upon our consideration of the record as a whole, we believe a $6,000 forfeiture is appropriate. IV. Ordering Clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, Three Eagles of Columbus, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000), for its willful violation of 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999. Payment of the forfeiture shall be made in the manner provided for in Section
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- Upon review of the particular circumstances in this case and in accordance with the discretion afforded to the Commission by Section 504 of the Act and implemented by Section 1.80(i) of the Rules, we have determined that rescission of the proposed forfeitures is warranted. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED, pursuant to Section 504(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, that the Notices of Apparent Liability for Forfeiture issued against Chadmoore and PTT Maple ARE RESCINDED. 8. IT IS FURTHER ORDERED that, a copy of this Order shall be sent certified mail, return receipt requested, to the Chadmoore Communications Group and PTT Maple, Inc., 2875 E. Patrick Lane, Suite G, Las Vegas, Nevada 89120.
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- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208 and 222(e) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208 and 222(e), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. § 0.111 and 0.311, that the joint motion to dismiss the above-captioned complaint with prejudice IS GRANTED. 5. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission
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- respond could result in a forfeiture. Nonetheless, because Diamond apparently believed that American Tower was responsible for responding, and taking into account all the factors required under Section 503(b)(2)(D) of the Act, we find that the proposed forfeiture should be reduced to $500. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Diamond Services Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $500 for violating Section 1.89(b) of the Commission's Rules, which requires the recipient of a Notice of Violation to respond in writing within a specific time period. Payment of the forfeiture shall be made in the manner provided for in
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- specifically identify the basis for the claim by reference to the financial documentation submitted. Mr. LaPierre has not provided the necessary proof to evaluate his claim. Indeed, he has provided no information at all regarding his inability to pay. 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Richard E. LaPierre IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for violating Section 1.89(b) of the Rules. 7. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the forfeiture is
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- for Station WSI674 after the expiration of the authorization. 7. Further, without supporting documentation, we are unable to evaluate Telnet's financial condition and cannot assess its ability to pay the forfeiture amount. Consequently, we must deny its request for cancellation or reduction. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Telnet IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for violating Section 1.949 of the Rules by failing to file a license renewal application for Station WSI674 prior to the expiration of the authorization for the station. 9. Payment of the forfeiture shall be made in the manner
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- cut her off. In light of the licensee's record of compliance with the Commission's rules, however, we believe a downward adjustment is appropriate. After reviewing all of the circumstances, we believe a $6,000 forfeiture is appropriate in this case. IV. Ordering Clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Regent Licensee of Flagstaff, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of six thousand dollars ($6,000) for willfully violating 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's Rules, that within thirty days
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- the NAL pursuant to the statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Kona Koast has failed to provide a sufficient justification for canceling or mitigating the proposed forfeiture amount. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Kona Koast Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10 ,000 for the willful violation of Section 73.1213(b) of the Rules setting forth the painting and lighting requirements for radio towers. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
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- enabling the parties to resolve this matter expeditiously through a private dispute resolution process, without unnecessary expenditure of further administrative resources by the Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b) and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b) and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the parties' Joint Motion to Dismiss AT&T's Supplemental Complaints Without Prejudice IS GRANTED. IT IS FURTHER ORDERED that section 1.722(b)(2)(ii) of the Commission's rules, 47 C.F.R. § 1.722(b)(2)(ii), shall not be applied to any renewed supplemental complaints that may be filed hereafter by AT&T against Qwest. IT
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- by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 203(c)(1), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), 203(c)(1), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. § 0.111 and 0.311, that the joint motion to dismiss the above-captioned complaint with prejudice IS GRANTED. 5. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission
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- and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b) and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b) and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the WorldCom Joint Motion to Dismiss and the One Call Joint Motion to Dismiss ARE GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Frank G. Lamancusa Deputy Chief, Market Disputes Resolution Division
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- a factor in assessing forfeitures, the information Berkshire has provided does not establish such a claim. Berkshire has not provided any documentation from which its financial condition can be assessed. Thus, we do not find any basis for mitigation on this ground. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Berkshire IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand five hundred dollars ($4,500) for violating Section 1.949 of the Rules by failing to file license renewal applications for Stations KCA237, KNKC731, and KNKC816 prior to the expiration of the authorizations for the stations. 10. Payment of the forfeiture shall be
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- and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b) and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b) and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-2135 _______________________________________________________________________
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- promoting the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and the Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the joint motion to dismiss the above-captioned complaints IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the
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- its ability to pay the forfeiture. Preliminarily, Vincent Communications limits its documentation to the revenue generated by paging stations KNKK227, KNKK231, and KNKK233. Thus, we have no information about the financial condition of Vincent Communications as a corporate entity. 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Vincent Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,500 for violating Section 1.949 of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the forfeiture is
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- FCC 2d 289, 291 (Broadcast Bureau 1977), citing Executive Broadcasting Corp., 3 FCC 2d 699 (1966). Considering the record as a whole, we believe that a $10,000 forfeiture is appropriate for the violations in this case. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that Riverside Broadcasting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 73.3526 of the Commission's rules, 47 C.F.R. § 73.3526. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and the Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Motion for Leave to Dismiss Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint is DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Frank G. Lamancusa Deputy Chief, Market Disputes Resolution Division Enforcement Bureau AirTouch is now known as
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- respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.'' After reviewing all of the circumstances, we believe a $7,000 forfeiture is appropriate in this case. Ordering Clauses ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Citicasters Co. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating Section 503(b)(1)(D) of the Communications Act of 1934, as amended, and Section 73.3999 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that
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- culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.'' See 12 FCC Rcd at 17110. After reviewing all of the circumstances, we believe a $7,000 forfeiture is appropriate in this case. IV. Ordering Clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Citicasters Co. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's Rules, that within thirty days of the release
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- that the appropriate forfeiture amount is $3,000. We believe a justified increase in the base amount due to the fact that several licenses were involved is appropriately offset by the fact that Snider voluntarily disclosed the violations in less than 90 days. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Snider, IS LIABLE FOR A MONETARY FORFEITURE in the amount $3,000 for willful violation of Section 1.949 of the Rules, which requires that license renewal applications be filed prior to expiration. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- we reject Capstar's claim that it is entitled to a reduction based upon a record of overall compliance with the Commission's rules. Accordingly, after reviewing all of the circumstances, we believe a $7,000 forfeiture is appropriate in this case. IV. Ordering Clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Capstar TX Limited Partnership is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's Rules, that within thirty days of
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- once CCI closes on the sale, the forfeiture will no longer have an impact upon station operations. After reviewing all of the factors required by Section 503(b)(2)(D) of the Act, we believe a $7,000 forfeiture is appropriate in this case. Ordering Clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, Communicast Consultants, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000), for its willful violation of 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- for sponsorship identification violations. After considering the record and all of the factors contained in Section 503(b)(2)(D) of the Act, 47 U.S.C. § 503(b)(2)(D), and the Forfeiture Policy Statement, we believe a $4,000 forfeiture is appropriate in this case. Ordering clauses ACCORDINGLY, IT IS ORDERED THAT pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, AMFM is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 73.1212 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days of the release of this Notice, AMFM SHALL
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- for sponsorship identification violations. After considering the record and all of the factors contained in Section 503(b)(2)(D) of the Act, 47 U.S.C. § 503(b)(2)(D), and the Forfeiture Policy Statement, we believe a $4,000 forfeiture is appropriate in this case. Ordering clauses ACCORDINGLY, IT IS ORDERED THAT pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, AMFM is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 73.1212 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days of the release of this Notice, AMFM SHALL
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- Report and Order suggested that licensees who failed to comply with this requirement would be free from enforcement action. Consequently, we reject Mills' claim that the Wireless Bureau's action represents a retroactive application of a new policy, and affirm the $1,500 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, William S. Mills IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violating Section 1.949 of the Rules by failing to file a license renewal application for Station KNKO605 prior to the expiration of the authorization for the station. 10. Payment of the forfeiture shall be
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- operations, which typically have been subject to forfeitures of approximately $10,000. Taking these facts into consideration and all of the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 is warranted. IV. Ordering Clauses 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules Econopage is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 22.3 of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the Act,
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- evidence relating to this matter, we conclude that there are no substantial and material questions of fact as to whether Verizon possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act, 47 U.S.C. § 154(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the Commission staff inquiry into the matter described here IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) File No. EB-00-TC-053
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- (1997), recon. denied 15 FCC Rcd 303 (1999). Currently, there is nothing before us to suggest that the base amount should be increased or decreased. Accordingly, we believe that a forfeiture of $8,000 forfeiture is appropriate. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that K.I.D.S. - TV6 is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully and repeatedly violating Section 310(d) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. § 310(d), and Section 73.3540(a) of the
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- 17113 (1997), recon. denied 15 FCC Rcd 303 (1999). Currently, there is nothing before us to suggest that the base amount should be increased or decreased. Accordingly, we believe that a forfeiture of $8,000 is appropriate. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that Bear Valley Broadcasting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully and repeatedly violating Section 310(d) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. § 310(d), and Section 73.3540(a) of
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- operations, which typically have been subject to forfeitures of approximately $10,000. Taking these facts into consideration and all of the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 is warranted. IV. Ordering Clauses 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, US Unwired is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 22.3 of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-2380 _______________________________________________________________________
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- terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating this proceeding. 5. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C §§ 154(i) and 154(j), and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, 47 C.F.R. §§ 0.111 and 0.311, that the attached Consent Decree is hereby ADOPTED. 6. IT IS FURTHER ORDERED that the voluntary contribution referenced in the Consent Decree shall be paid by a check or money order drawn to the order of the ``Federal Communications Commission.'' Reference should be made on the check or
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- of $2,000 to the base forfeirture amount. In total, based on all of the evidence before us, we find that El Mundo is apparently liable for a forfeiture in the amount of six thousand dollars ($6,000). Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that El Mundo Broadcasting Corp. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of six thousand dollars ($6,000) for willfully violating Section 73.1206 of the Commission's rules, 47 C.F.R. § 73.1206. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-2401
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- hereto and incorporated by reference. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the staff's investigation. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j) and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, that the attached Consent Decree IS ADOPTED. QUALCOMM shall make its voluntary contribution to the United States Treasury by credit card through the Commission's Debt and Credit Management Center at (202) 418-1995, or by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Federal Communications Commission, Forfeiture
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaints ARE DISMISSED WITH PREJUDICE and that the above-captioned proceedings ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and the Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Consent Motion for Withdrawal of Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint is DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau U S West is now known
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- this proceeding and that TSIA is therefore barred from further litigating its claims in this proceeding. We therefore dismiss the complaint. V. ORDERING CLAUSE 23. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 201(b), 203, and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 201(b), 203, 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 208. 47 U.S.C. §§ 201(b), 203. Joint Statement of Stipulated Facts, Disputed Facts, and Key Legal Issues, File No. E-97-25 (filed Sept. 2,
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- not clear to the Networks, and certainly not clear to stations that broadcast network programming (particularly those that are not owned by the Networks). Accordingly, for the reasons set forth above, we will not take any further enforcement action in response to NORML's complaint and we consider this matter closed. This action is taken under delegated authority pursuant to Sections 0.111 and 0.311 of the Commission's Rules, 47 C.F.R. §§ 0.111, 0.311. Sincerely, David H. Solomon Chief, Enforcement Bureau cc: Mr. Franco Garcia, Executive Counsel, Corporate Legal Affairs, ABC, Inc. Mr. Martin D. Franks, Executive Vice President, CBS Ms. Diane Zipursky, Vice President, Washington Law and Policy, NBC, Inc. John C. Quale, Counsel for Fox Broadcasting Company, Inc. Christopher G. Wood,
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- line charges on independent payphone providers by certain local exchange carriers. The complaints listed in the caption above were inadvertently omitted from the April 13 Order. ACCORDINGLY, IT IS ORDERED, pursuant to Sections 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 201(b), and 208 and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the following cases shall be added to the caption of the April 13 Order and shall be covered by the determinations therein. Federal Communications Commission Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau C. F. Communications Corp., et al. v. Century Telephone of Wisconsin, Inc.
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/fcc00046.doc http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/fcc00046.txt
- identify facts or circumstances to persuade us that there is any basis for reconsidering the LDDI NAL. Further, LDDI has not shown any mitigating circumstances sufficient to warrant a reduction of the $2,000,000 forfeiture penalty for which it is liable. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80(f)(4), that LDDI SHALL FORFEIT to the United States Government the sum of two million dollars ($2,000,000) for violating sections 201(b) and 258 of the Act, 47 U.S.C. §§ 201(b), 258, as well as the Commission's rules and orders. IT IS FURTHER ORDERED that a copy of
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- BRH-980202V3, is GRANTED. 30. IT IS FURTHER ORDERED, That WADO-AM License Corporation must, within 30 days of the date of this Order, amend its license application, File No. BLH-970327KA, to specify the parameters authorized in construction permit File No. BMPH-980120IG. 31. IT IS FURTHER ORDERED That, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Multicultural Broadcasting, Inc., licensee, Station WNWK(FM), Newark, New Jersey, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Five Thousand Dollars ($5,000.00) for willfully and repeatedly violating 47 U.S.C. Section 319(c) and Section 73.1620 of the Commission's rules. 32. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the
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- Relations; and to reflect the elimination of the Office of Public Affairs. Notice of this action was published in the Federal Register at 64 FR 60715 (November 8, 1999), and the amended rules became effective on November 8, 1999. This Order makes minor, non-substantive corrections to the amended rules adopted in the Order. Specifically, this Order corrects statements in sections 0.111(a)(2) and 0.141(b)(1) to make them consistent with the statement in section 0.111(a)(1) that the Consumer Information Bureau will handle informal consumer complaints involving access to telecommunications services and equipment for persons with disabilities. The language describing the responsibility of the Consumer Information Bureau in the note to section 0.111(a)(2) of the Commission's rules is corrected by deleting the language ``other
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- media ownership [7]DOC-268805A1.doc [8]DOC-268805A1.pdf [9]DOC-268805A1.txt ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 12/04/2006. NOTICE OF DOMESTIC SECTION 214 AUTHORIZATION GRANTED. (DA No. 06-2465). (Dkt No 06-199). WCB. Contact: Cecilia Seppings at (202) 418-1588 or Jodie May at (202) 418-0913 [10]DA-06-2465A1.doc [11]DA-06-2465A1.pdf [12]DA-06-2465A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- DAVID EDWARD COX. Revoked the amateur license held by David Cox under Section 0.111(a)(16) of the Commission's rules. (Dkt No. 05-232). Action by: Chief, Enforcement Bureau. Adopted: 12/04/2006 by Order of Revocation. (DA No. 06-2463). EB [13]DA-06-2463A1.doc [14]DA-06-2463A1.pdf [15]DA-06-2463A1.txt COAHOMA COUNTY SCHOOL DISTRICT. Granted a Request for Review filed by Coahoma County School District, Clarksdale, Mississippi. (Dkt No. 02-6). Action by: Chief, Wireline Competition Bureau. Adopted: 12/04/2006 by ORDER. (DA No. 06-2460). WCB [16]DA-06-2460A1.doc
- http://www.fcc.gov/Document_Indexes/Enforcement/2006_index_EB_Order.html
- DA-06-2323 PATLIVE, INC.. Official citation issued to PATLive, Inc., Tallahassee, Florida, for apparent violation of the TCPA 12/05/2006 [65]DA-06-2323A1.doc [66]DA-06-2323A1.pdf [67]DA-06-2323A1.txt DA-06-2335 FLEET PROS USA INC.. Official citation issued to Fleet Pros USA Inc., Mesa and Gilbert, Arizona, for apparent violation o 12/05/2006 [68]DA-06-2335A1.doc [69]DA-06-2335A1.pdf [70]DA-06-2335A1.txt DA-06-2463 DAVID EDWARD COX. Revoked the amateur license held by David Cox under Section 0.111(a)(16) of the Commission's rules 12/04/2006 [71]DA-06-2463A1.doc [72]DA-06-2463A1.pdf [73]DA-06-2463A1.txt FCC-06-174 AMERICOM LAS VEGAS LIMITED PARTNERSHIP. Denied Americom's application for review of $10,000 monetary forfeiture imposed for violation of Sec 12/01/2006 [74]FCC-06-174A1.doc [75]FCC-06-174A1.pdf [76]FCC-06-174A1.txt FCC-06-173 RADIO ONE LICENSES, LLC. Denied the Petitions for reconsideration filed by Infinity Broadcasting Operations, Inc., Telemundo 12/01/2006 [77]FCC-06-173A1.doc [78]FCC-06-173A1.pdf [79]FCC-06-173A1.txt DA-06-2293 JORGE L. ESTRADA. Granted the Petition
- http://www.fcc.gov/cgb/dro/DRI_Order.doc
- will have the opportunity to participate. We note that in that proceeding, the Commission specifically asked for comments on emerging and existing technologies that the Commission ``has not yet fully evaluated for inclusion in relay service,'' among them new transmission protocols for TTYs. Accordingly, IT IS ORDERED THAT, pursuant to Section 225 of the Act, 47 U.S.C. § 225,and Sections 0.111 and 0.311 of the Commission's rules, the above-captioned complaint filed by Disabilities Rights, Inc. IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Catherine W. Seidel, Chief Telecommunications Consumer Division Enforcement Bureau 47 U.S.C. § 225. This section, inter alia, directs the Commission to ensure that telecommunications relay service (TRS) is available, to the extent possible and in the most efficient manner, to individuals
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237586A1.html
- the instant case, we believe that a seven thousand dollar ($7,000) monetary forfeiture is warranted because the record reveals that Mr. Norman has an overall history of compliance and he showed good faith surrounding the violations by his voluntary disclosure of information. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80 of the Rules,7 Stan Norman is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violating Section 303(q) of the Act, and Sections 17.4(a), 17.48(a), and 17.50 of the Rules. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237589A1.html
- history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and statutory factors to the instant case, we believe that a monetary forfeiture of four thousand dollars ($4,000) is warranted for the violation. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act7 and Sections 0.111, 0.311 and 1.80 of the Rules8 Statcom Communications Corp is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for failure to effectively monitor for communications in progress prior to transmitting, in violation of Section 90.403(e) of the Rules. 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's
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- as justice may require.12 Morradio's violations were repeated and willful, and the licensee has a prior history of similar violations. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $12,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the communications Act of 1934, as amended13, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules14, Morradio, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violating the Commission's rules.15 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules16, within thirty days of the released date of this NOTICE OF APPARENT LIABILITY, Morradio,
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237591A1.html
- degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.12 Skywave's violations were repeated and willful. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $7,000 forfeiture is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act13, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules14, Skywave Electronics, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violating Section 302 of the Act and Section 2.907 of the Commission's rules.15 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's rules16, within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237594A1.html
- we believe that a seven thousand dollar ($7,000) monetary forfeiture is warranted because the record reveals that La Favorita has a history of not replying to Notices of Violation and the antenna structure registration violation was repeated. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended5, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules6, La Favorita is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violating Section 1.89(b) of the Commission's Rules requiring a written response to a Notice of Violation and Section 17.4(a) of the Commission's Rules requiring antenna structures to be registered with the Commission.
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237596A1.html
- degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.13 Morrison's violations were repeated and willful. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $2,000 forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act14, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules15, Mike Morrison is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violating Section 302 of the Act.16 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's rules17, within thirty days of the released date of this NOTICE OF APPARENT
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237597A1.html
- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and statutory factors to the instant case, a monetary forfeiture in the amount of $8000 is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,10 that Robert L. Meyers is hereby NOTIFIED of his APPARENT LIABILITY FOR MONETARY FORFEITURE in the amount of EIGHT THOUSAND DOLLARS ($8000) for the willful violation of Section 333 of the Communications Act, Section 97.101(d) of the Commission's Rules, and Section 97.119(a) of the Commission's Rules. 11. IT IS FURTHER ORDERED, pursuant to
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- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and statutory factors to the instant case, a monetary forfeiture in the amount of $8000 is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,10 that Paul E. Holcombe is hereby NOTIFIED of his APPARENT LIABILITY FOR MONETARY FORFEITURE in the amount of EIGHT THOUSAND DOLLARS ($8000) for the willful violation of Section 333 of the Communications Act, Section 97.101(d) of the Commission's Rules, and Section 97.119(a) of the Commission's Rules. 11. IT IS FURTHER ORDERED, pursuant to
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- in writing, by Commission representatives and Martin indicated that he fully understood the requirements of the Act. Martin repeated the violations after receiving these warnings. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $17,000 forfeiture is warranted. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,9 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,10 Leonard D. Martin is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violating Section 301 of the Act11 and Section 303(n) of the Act.12 13. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,13 within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237602A1.html
- evidence that it was a small business. Since there is no indication that Bronco's status as a small business has changed, and after applying all of the Forfeiture Policy Statement and statutory factors to the instant case, a $15,000 forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Bronco Broadcasting Co., Inc., is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violating Sections 11.35(a), 73.61(a), 73.62(b)(3) and 73.3526(e)(12) of the Rules, 47 C.F.R. 11.35(a), 73.61(a), 73.62(b)(3) and 73.3526(e)(12). 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,10 within
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237603A1.html
- was willful, and resulted in interference to a public safety entity. Nextel Communications, as a Commission licensee, should fully understand the requirements of the Act. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,6 Nextel Communications, Inc., is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violating Section 301 of the Act7. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,8 within thirty days of the release date of this NOTICE OF
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237604A1.html
- willful, and resulted in interference to communications of a licensed station. Nextel Communications, as a Commission licensee, should fully understand the requirements of the Act. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,6 Nextel Communications, Inc., is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violating Section 301 of the Act7. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,8 within thirty days of the release date of this NOTICE OF
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237605A1.html
- was willful, and resulted in interference to a public safety entity. Nextel Communications, as a Commission licensee, should fully understand the requirements of the Act. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,6 Nextel Communications, Inc., is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violating Section 301 of the Act7. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,8 within thirty days of the release date of this NOTICE OF
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237606A1.html
- File violation to $5,000, as many of the documents in question may have been available at the station, but not assembled in an organized manner. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $15,000 forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Church Point Ministries, Inc., is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violating Sections 17.4(a)(2), 73.49, and 73.3526(a)(2) of the Rules, 47 C.F.R. 17.4(a)(2), 73.49, and 73.3526(a)(2). 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,10 within thirty days
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- respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.4 Applying Section 1.80 of the Rules and statutory factors to the instant case, a $4,000 forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,6 GNOTS Reserve, Inc., is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violating Section 80.373(f) of the Rules, 47 C.F.R. 80.373(f). 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
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- licensee of Station KOBB(AM) is in apparent willful violation of Section 73.49 of the Commission's rules. The Commission's Forfeiture Policy Statement sets a base forfeiture amount of $7,000 for a violation of Section 73.49 of the rules.4 IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended5, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules6, Reier Broadcasting Company, Inc., licensee of Station KOBB(AM) is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violating the provisions of Section 73.497 of the Commission's Rules, which requires that AM antenna towers must be enclosed within effective locked fences. 12. IT IS
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- degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $12,000 forfeiture is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Arnold Broadcasting Company, Inc., is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violation of Section 301 of the Communications Act of 1934, as amended and Section 11.61 of the Rules.15 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
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- degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $7,000 forfeiture is warranted. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,8 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,9 Pilgrim is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,10 within thirty days of the release date of this NOTICE OF APPARENT
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237647A1.html
- degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.6 Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Trade Center Management, Inc., is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to maintain the KHRA public inspection file at the main studio, in violation of Section 73.3526(b) of the Rules.7 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237648A1.html
- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the statutory factors listed above, a $5,000 forfeiture is warranted. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Capstar Radio Operating Company, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000.00) for willful and repeated violation of Sections 17.4(g) and 17.57 of the Rules.7 13. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237649A1.html
- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.8 Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, TWC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000), for willful and repeated violation of Section 76.1700(a) of the Rules.9 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237652A1.html
- degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, an $8,000 forfeiture is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,15 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, HBC is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8000) for violations of Sections 11.35(a), 11.35(c) and 11.61 of the Rules.16 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237658A1.html
- and statutory factors to the instant case, we believe that a monetary forfeiture of four thousand dollars ($4,000) is warranted for the violations. WJOL's equipment worked on a periodic basis and WJOL did transmit some of the required weekly and monthly tests. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Pride Radio Licensee, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for failure to maintain operational EAS equipment and for failing to conduct and log the required monthly and weekly tests of EAS, in violation of Sections 11.35(a), 11.61(a)(1)(v), and 11.61(a)(2)(ii)(A) of the
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237659A1.html
- and statutory factors to the instant case, we believe that a monetary forfeiture of four thousand dollars ($4,000) is warranted for the violations. WBVS's equipment worked on a periodic basis and WBVS did transmit some of the required weekly and monthly tests. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Pride Radio Licensee, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for failure to maintain operational EAS equipment and for failing to conduct and log the required monthly and weekly tests of EAS, in violation of Sections 11.35(a), 11.61(a)(1)(v), and 11.61(a)(2)(ii)(A) of the
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- of the station's public inspection file was available at the time of inspection. Therefore, we access the forfeiture amount for the public file violation at $5,000. Considering the entire record and applying the factors listed above, this case warrants a $12,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,10 and Sections 0.111, 0.311 and 1.80 of the Rules,11 Metropolitan Radio Group, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of in twelve thousand dollars ($12,000) for willful violation of Sections 73.1125(a) and 73.3526(a)(2) of the Rules by failing to maintain a presence at the station's main studio and failing to maintain all required material in the
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237663A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.4 Considering the entire record and applying the factors listed above, this case warrants a $17,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Rules,6 Greenwood Acres Baptist Church is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willful violation of Sections 73.49 and 73.3526(a)(2) of the Rules for failure to maintain an effective locked fence enclosing its antenna tower, and failure to maintain all required material in its
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237673A1.html
- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the statutory factors listed above, a $5,000 forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Mountain Union Telecom, LLC., is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000.00) for willful and repeated violation of Sections 17.4(g) and 17.57 of the Rules.7 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of
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- However, corrective action taken to come into compliance with Commission rules or policy is expected, and does not nullify or mitigate any prior forfeiture or violations.7 Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Radio Bonners Ferry, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of Section 73.49 of the Rules by failing to provide effective locked fences for its antenna towers. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237675A1.html
- degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Mr. Robert A. Spiry, is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Communications Act of 1934, as amended.9 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237676A1.html
- degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, the $7,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Mr. William Woods, is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 303(n) of the Communications Act of 1934, as amended, and Section 95.426 of the Rules.10 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237680A1.html
- and statutory factors to the instant case, we believe that a monetary forfeiture of four thousand dollars ($4,000) is warranted for the violations. WLLI-FM's equipment worked on a periodic basis and WLLI-FM did transmit some of the required weekly and monthly tests. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Pride Radio Licensee, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for failure to maintain operational EAS equipment and for failing to conduct and log the required monthly and weekly tests of EAS, in violation of Sections 11.35(a), 11.61(a)(1)(v), and 11.61(a)(2)(ii)(A) of the
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237681A1.html
- and statutory factors to the instant case, we believe that a monetary forfeiture of four thousand dollars ($4,000) is warranted for the violations. WJTW's equipment worked on a periodic basis and WJTW did transmit some of the required weekly and monthly tests. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Pride Radio Licensee, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for failure to maintain operational EAS equipment and for failing to conduct and log the required monthly and weekly tests of EAS, in violation of Sections 11.35(a), 11.61(a)(1)(v), and 11.61(a)(2)(ii)(A) of the
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237710A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 HCI is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.50 of the Rules by failing to clean or repaint its antenna structure to maintain good visibility. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.7 Considering the entire record and applying the factors listed above, this case warrants a $13,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Three Angels Corp. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for willful and repeated violation of Sections 17.4(a) and 17.21(a) of the Rules by failing to paint and register its antenna structure located at 22A Estate Dorothea, St. Thomas, U.S. Virgin Islands. 10.
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- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''4 Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Rules,6 WCVC, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of Section 73.49 of the Rules by failing to maintain effective fencing around the base of its antenna tower for AM broadcast station WCVC. 8. IT IS FURTHER ORDERED THAT, pursuant
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- and with respect to the violator, the degree of culpability, any history or prior offenses, ability to pay, and other such matters as justice may require.''6 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 M/A Com Private Radio Systems, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51 of the Rules by failing to exhibit obstruction lighting on structure 1233515 in Clarksville, Florida. 9. IT IS FURTHER ORDERED THAT, pursuant
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- and with respect to the violator, the degree of culpability, any history or prior offenses, ability to pay, and other such matters as justice may require.''6 Considering the entire record, and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,8 Holladay Broadcasting Company, Inc., is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules by failing to maintain good visibility of the required antenna structure obstruction markings. 8. IT IS FURTHER ORDERED THAT, pursuant to Section
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237721A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.4 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Rules,6 C. Elton Crews, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.51 of the Rules by failing to exhibit required medium intensity obstruction lighting on its antenna structure #1204823. 7. IT IS FURTHER ORDERED THAT, pursuant to Section
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237722A1.html
- to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.7 Thus, considering the entire record and applying the statutory factors listed above, this case warrants a forfeiture of $20,000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Westshore is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars for willful and repeated violation of Sections 17.51, 17.57, and 73.49 of the Rules by failing to display all red obstruction tower lighting from sunset to sunrise, failing to update tower ownership information on the antenna
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237723A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''5 Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,7 Ian R Walker is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Communications Act of 1934, as amended. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237724A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Assondieu Fortune is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 the Act by operating a radio station without Commission authorization. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237725A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Jhony Desinor is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 the Act by operating a radio station without Commission authorization. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237730A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 B&H Broadcasting Systems, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register its antenna supporting structure. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237731A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Gabriel Dorcely is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 the Act by operating a radio station without Commission authorization. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237732A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Wings Communications, Inc. DBA WELE Radio is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51 of the Rules by failing to exhibit red obstruction lighting from sunset to sunrise on antenna structure 1062835 in Ormond Beach, Florida.
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237733A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''6 Considering the entire record and applying the factors listed above, this case warrants a $2,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Radio Station WWAB, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for repeated and willful violation of Sections 11.61(a)(2)(i)(A) and 11.61(a)(1) of the Rules by failing to conduct weekly and monthly tests of the Emergency Alert System. 8. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237734A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Timothy J. Massett is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 the Act by operating a radio station without Commission authorization. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237747A1.html
- degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,9 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,10 Verizon Wireless (VAW) LLC, is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Sections 17.23 and 17.50 of the Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,11 within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237761A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants an $8,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Mediacom is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 11.35 of the Rules by failing to maintain operational EAS equipment. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237762A1.html
- but missing a portion of the required items, a downward adjustment of the base forfeiture amount for this violation from $10,000 to $1,500 is warranted. Considering the entire record and applying the factors listed above, this case warrants a forfeiture of $3,500. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,10 and Sections 0.111, 0.311 and 1.80 of the Rules,11 Wilkins Communications Network, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand five hundred dollars ($3,500) for willful violation of Sections 11.61(a) and 73.3526(e)(6) of the Rules by failing to transmit EAS tests and failing to maintain the political file in the public inspection file. 7.
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237763A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Sedalia Smiles is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51(b) of the Rules by failing to exhibit the required antenna structure lighting. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237764A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.7 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 AAT Communications Corporations is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51(a) of the Rules by failing to exhibit prescribed obstruction lighting. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237765A1.html
- that item had never been maintained by Petracom at the time of inspection. Therefore, we assess the forfeiture amount for the public file violation at $1,500. Considering the entire record and applying the factors listed above, this case warrants a $3,500 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Petracom is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand five hundred dollars ($3,500) for willful and repeated violation of Sections 11.61(a)(2)(i)(A) and 73.3526(a)(2) of the Rules by failing to conduct EAS tests and maintain an issues/programs list in the public file. 8. IT IS FURTHER ORDERED
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237766A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 SBA Towers, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.50 of the Rules by failing to clean and repaint its antenna structure to maintain good visibility. 8. IT IS FURTHER ORDERED THAT, pursuant to Section
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237775A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.4 Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Rules,6 State Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of Section 73.49 of the Rules by failing to provide effective locked fences for its antenna towers. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237776A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the statutory factors listed above, this case warrants a $4,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Horne Radio, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willful and repeated violation of Section 73.1745(a) of the Rules by failing to reduce power at sunset. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237777A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.4 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Rules,6 Fun Media Group, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.50 of the Commissions Rules by failing to clean or repaint its antenna structure as often as necessary to maintain good visibility. 9. IT IS
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237778A1.html
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''7 Considering the entire record and the factors listed above, this case warrants an $8,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Small Town Communications Partners I LP is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 76.605(a)(12) of the Rules and willful violation of Section 76.611(a)(1) of the Rules. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237794A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.10 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,11 and Sections 0.111, 0.311 and 1.80 of the Rules,12 Entergy Services, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51(a) of the Rules by failing to exhibit prescribed obstruction lighting on antenna structure 1020649 in Labadieville, Louisiana. 8. IT IS FURTHER ORDERED THAT, pursuant to
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237820A1.html
- violations by the voluntary disclosure of information; however, the violation is egregious. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that an eight thousand dollar ($8,000) monetary forfeiture is warranted. IV. Ordering Clauses 5. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Rules7, Floyd County Broadcasting Company, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully violating Section 11.35(a) of the Rules by failing to install and have operational EAS equipment. 6. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237821A1.html
- degree of culpability, any history or prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and statutory factors to the instant case, we believe that a thirteen thousand ($13,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80 of the Rules,8 CenturyTel Wireless of Michigan RSA #1&2, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for willful and repeated violation of Section 303(q) of the Act, and Sections 17.48(a) and 17.51(b) of the Rules. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237822A1.html
- repeat of these violations from prior inspections and the violations are egregious. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that an eleven thousand dollar ($11,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules5, Melodynamic Broadcasting Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand dollars ($11,000) for willful and repeated violation of Sections 1.89(b), 11.15, 73.51(d), 73.51(e)(2), 73.1225(d)(1), 73.1350(c)(1), 73.1560(a)(1), 73.1745 and 73.1870(b)(3) of the Rules. 14. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237826A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Rules7, All American Citywide Rainbow Transit, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willfully violating Section 90.403(a)(2) of the Commission's Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237827A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Rules7, Acapulco Car Service, Inc., is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willfully violating Section 1.903(a) of the Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237828A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules7, International Car Service, Inc. is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237829A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules7, New Eastern Car & Limo Service is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willfully violating Section 90.403(a)(2) of the Commission's Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237830A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules7, ServisAir is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF APPARENT
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237831A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules7, J Transport, Inc. is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237832A1.html
- operating the unlicensed radios after Commission agents warned them of the violation. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a five thousand dollar ($5,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act5 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules6, Blue Ridge Erectors, Inc. is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for willfully violating Section 301 of the Act. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237833A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,7 Cablevision Systems of New York City Corporation is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violations of Sections 11.61(a)(1)(iii) and 11.61(b). 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237852A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Tekk is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for its operation of station WPPT607 at an unauthorized location. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237853A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Horizon is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for its operation of stations WPMT622 and WPMM811 at an unauthorized location and its failure to transmit the call sign identification on stations WPMT622 and WPMM811. 10. IT IS FURTHER ORDERED THAT, pursuant to Section
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237854A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a thirteen thousand dollar ($13,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act7, and Sections 0.111, 0.311 and 1.80 of the Rules8, Minority Business and Housing Development, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for exceeding WYGG's authorized antenna height and failing to install and operate EAS equipment at station WYGG. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237872A1.html
- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Gold Coast Broadcasting Company, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000.00) for willful violation of Section 17.50 of the Rules.7 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237873A1.html
- or to notify the FAA. These rule violations are grave and posed a potential danger to air traffic safety. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, an $15,000 forfeiture is warranted. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, El Dorado 900, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Sections 17.21, 17.23, 17.47(a), 17.48(a), 17.56 and 17.57 of the Rules.7 14. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237874A1.html
- Application of the base amount to the captioned Rotijefco station violation results in a base forfeiture amount of $8,000. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, an $8,000 forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,12 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Rotijefco, Inc. is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35(a) and (b) of the Rules, representing a total forfeiture of $8,000.13 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules14 within thirty days
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237875A1.html
- degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $2,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,14 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Pacific Broadcasting Company is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violation of Section 11.61 of the Rules.15 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules16 within thirty days of the release date of this NOTICE
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237876A1.html
- to the captioned Smith Broadcasting of Santa Barbara, LP station violation results in a base forfeiture amount of $8,000. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, an $8,000 forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,11 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Smith Broadcasting of Santa Barbara, LP is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35(a) of the Rules, representing a total forfeiture of $8,000.12 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules13 within
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237877A1.html
- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Considering the record as a whole and the statutory factors listed above, this case warrants a forfeiture in the amount of $3,000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Sutro Corporation c/o John H. Runkle is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willfully and repeatedly violating Section 17.4(a) of the Commission's Rules by failing to register an antenna structure that requires notification to the Federal Aviation Administration.8 10. IT IS
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237878A1.html
- designation of station KZUA as a second local primary EAS station in the Arizona State EAS plan. Accordingly, an upward adjustment of $2,000 is warranted. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,14 Navajo Broadcasting Company, Inc., is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violating Sections 11.35(a) and 11.61 of the Commission's Rules and Regulations.15 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237879A1.html
- may require.11 In applying Section 1.80(b)(4)12 of the Rules and the statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $4,000 is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,13 Mr. William Wayne, is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violating Section 301 of the Communications Act of 1934, as amended and Section 1.903(a) of the Commission's Rules and Regulations.14 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237880A1.html
- may require.15 In applying Section 1.80(b)(4) of the Rules and the statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $15,000 is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Blue Skies Broadcasting Corp., is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violating Sections 11.35(a), 11.61 and 73.1125(c) of the Commission's Rules and Regulations.16 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237883A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Good Radio Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register its antenna structure with the Commission. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237884A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Marshall County Radio Corp., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 73.49 of the Rules by failing to provide an effective locked fence for its antenna tower. 7. IT IS FURTHER ORDERED THAT, pursuant to Section
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237886A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 NRS Enterprises, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register its antenna supporting structure. 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237887A1.html
- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the record as a whole and the statutory factors listed above, this case warrants a forfeiture in the amount of $13,000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,9 Gresham Communications, Inc. is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for repeatedly and willfully violating Sections 17.4(a) and 17.51 of the Commission's Rules by failing to register its antenna structure and failing to maintain prescribed lighting. 10. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237888A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.13 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,14 and Sections 0.111, 0.311 and 1.80 of the Rules,15 Piedmont Radio Co. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Sections 73.1125(a) and 17.4(a) of the Rules by failing to maintain a presence at the main studio of WPID(AM) during normal business hours and failing to register
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237889A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a $15,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Small Town Radio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willful and repeated violation of Sections 73.49 and 11.35(a) of the Rules by failing to maintain an effective locked fence around the base of the station's antenna structure and by failing
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237890A1.html
- prior offenses, ability to pay, and other such matters as justice may require.5 Verizon failed to update ownership information on two of its antenna structures. Considering the entire record and applying the factors listed above, this case warrants a forfeiture of $6,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Verizon Wireless is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for willful and repeated violation of Section 17.57 of the Rules by failing to notify the Commission of a change in ownership of two of its antenna structures. 8. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237891A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the statutory factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Georgia Transmission Corp. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register an antenna structure that requires notification to the Federal Aviation Administration. 8. IT IS FURTHER ORDERED THAT, pursuant
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237903A1.html
- degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $7,000 forfeiture is warranted. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, CLARKE BROADCASTING CORPORATION, is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Sections 73.1350(a) and (c), 73.1400, 73.1560(a) and 73.1745(a) of the Rules.8 14. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237904A1.html
- degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $22,000 forfeiture is warranted. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Jean J. Suh d/b/a Radio Hankook, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty two thousand dollars ($22,000) for violations of Sections 11.35, 17.4(g), and 17.50 of the Rules.13 15. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237905A1.html
- does have an overall history of compliance. However, the violations are egregious. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a seventeen thousand dollar ($17,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act7, and Sections 0.111, 0.311 and 1.80 of the Rules8, FNX Broadcasting, LLC. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willful and repeated violation of Sections 73.1125, and 73.3526(b) of the Rules. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237906A1.html
- does have an overall history of compliance. However, the violations are egregious. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a seventeen thousand dollar ($17,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act7, and Sections 0.111, 0.311 and 1.80 of the Rules8, FNX Broadcasting, LLC. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willful and repeated violation of Sections 73.1125, and 73.3526(b) of the Rules. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237909A1.html
- does have an overall history of compliance. However, the violations are egregious. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that an eight thousand dollar ($8,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6, and Sections 0.111, 0.311 and 1.80 of the Rules7, Radio Lake Placid, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 11.35(a) of the Commissions Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237910A1.html
- Arrow Communications of N.Y. Inc. does have an overall history of compliance. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a eight thousand dollar ($8,000) monetary forfeiture is warranted IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Arrow Communications of N.Y. Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Section 11.35(a) of the Rules. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237911A1.html
- of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors listed above, and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6, and Sections 0.111, 0.311 and 1.80 of the Rules7, Clear Channel Broadcasting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.50 of the Commissions Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237915A1.html
- any history of prior offenses, ability to pay, and other such matters as justice may require.7 After applying the Forfeiture Policy Statement and the statutory factors to the instant case, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. Ordering Clauses 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules,8 Meade County Communications, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for failure to register an antenna structure, in violation of Sections 17.4(a)(2) of the Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237919A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a twenty thousand dollar ($20,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Grass Roots is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willfully violating Sections 17.4(a)(2), 17.50 and 73.1125(a) of the Rules. 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237920A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a twenty two thousand dollar ($22,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 MRJ is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty two thousand dollars ($22,000) for willfully violating Sections 11.52(a), 17.4, 73.49, and 73.3526(c) of the Rules. 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237957A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.4 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Rules,6 KN Telecommunications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules by failing to clean and repaint its antenna structure to maintain good visibility. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237958A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Southwestern Bell Wireless, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.51(b) of the Rules by failing to continuously exhibit all medium intensity obstruction lighting. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237959A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Wichita SMSA Tower Holdings, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.51(b) of the Rules by failing to exhibit obstruction lighting on structure 1032091 in Wichita, Kansas. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237960A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 United States Cellular Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Sections 17.21 and 17.45 of the Rules by failing to light or paint its antenna structure and failing to install temporary warning lights on its antenna structure during
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237961A1.html
- Applying Section 1.80(b)(4) of the Rules and statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $11,000 is warranted. IV. ORDERING CLAUSES 9.Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,5 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,6 New World Broadcasting Company, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand dollars ($11,000) for willful violation of Sections 11.35(a) and 73.1400 of the Commission's Rules.7 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules8, within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237962A1.html
- degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $21,000 forfeiture is warranted. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, King Broadcasting Company, is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for violations of Sections 73.49, 73.1350, 73.1400, and 73.1560 of the Rules.8 14. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237963A1.html
- of the main FM station, is a serious violation of the Commission's technical and interference protection rules. Taking all of the evidence, the statutory factors and the Forfeiture Policy Statement into consideration, a $22,000 forfeiture is warranted. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, that Millcreek Broadcasting, L.L.C., is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-two thousand dollars ($22,000) for violations of Sections 11.35 and 74.1251 of the Rules.14 14. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237964A1.html
- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $24,000 forfeiture is warranted. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Rules, High Peaks Broadcasting, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-four thousand dollars ($24,000) for willfully and repeatedly violating Sections 301 of the Act and willfully violating Section 74.1235(c) of the Rules.13 13. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237965A1.html
- degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,14 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,15 First National Broadcasting Corporation is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 73.1125(a) and 73.1820(a)(1)(iii) of the Rules, 47 C.F.R. 73.1125(a) and 47 CFR 73.1820(a)(1)(iii). 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,16
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237966A1.html
- degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $12,000 forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, AGM-Nevada, LCC, is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Sections 74.551(a)(3) and 74.1235(e) of the Rules.9 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules10 within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237967A1.html
- degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $21,000 forfeiture is warranted. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Ramh Corporation is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for violations of Sections 73.1125, 73.1350, 73.1400, and 73.1560 of the Rules.9 13. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237968A1.html
- other required operational readiness checks. As failure to make measurements or conduct required monitoring carries a base forfeiture amount of $2,000, pursuant to the Forfeiture Policy Statement, the forfeiture will be assessed in the amount of $2,000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,11 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,12 New Wave Broadcasting, L.P., is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violating Section 11.61(a)(1)(v) of the Commission's Rules.13 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,14 within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237969A1.html
- degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Nextel WIP License Corp., is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Communications Act of 1934, as amended.8 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237970A1.html
- In addition, Ho'ona'auao has failed to retransmit the monthly EAS tests for three months in a row. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a forfeiture amount of $4,000 is warranted.14 IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Ho'ona'auao Community Television, Inc., is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violating Section 11.61(a)(1)(v) of the Rules.15 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237971A1.html
- degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended12, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules13, Citicasters Licenses, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Sections 17.47 (a)(1), 17.49, 73.1125, 73.1400(a), 73.1870(a) and 73.1870(c)(3) of the Rules, 47 C.F.R. 17.47(a)(1), 47 C.F.R. 17.49, 47 C.F.R. 73.1125, 47 C.F.R. 73.1400(a), 47 C.F.R. 73.1870(a) and 73.1870(c)(3).
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237972A1.html
- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $13,000 forfeiture is warranted. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Rules, Max Media of Montana, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for apparently willfully violating Sections 17.21, 17.47(a)(2), and 17.57 of the Rules.8 13. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238008A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay and other such matters as justice may require.''7 Considering the entire record and applying the statutory factors listed above, this case warrants a $5,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,9 Emmis Television License Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for willful violation of Section 17.47(a)(2) of the Rules and willful and repeated violation of Section 17.57 of the Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238009A1.html
- with respect to the violator, the degree of culpability, and any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a $2,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,8 Moffatt Properties Leasing LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for willful violation of Section 17.4(g) of the Rules. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,9 within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238010A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay and other such matters as justice may require.''5 Considering the entire record and applying the statutory factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 9.Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,7 MariTEL Mississippi River, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Sections 1.5 and 80.90 of the Commission's Rules. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238011A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''5 Considering the entire record and applying the factors listed above, this case warrants a $15,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 L.T. Simes II & Raymond Simes is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willful violation of Sections 11.35(a), 17.4(a), and 73.1350(a) of the Rules by failing to ensure that EAS equipment was installed and operational at station KAKJ, failing to register KAKJ's
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238012A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''4 Considering the entire record and applying the statutory factors listed above, this case warrants a $17,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Rules,6 Metro Birch Enterprises, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willful violation of Sections 73.49 and 73.3526(a)(2) of the Rules, by failing to provide an effective locked fence enclosing the base of the station's antenna tower, and by failing to maintain
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238013A1.html
- three identical violations from June 22, 1999, to April 5, 2002.7 Considering the entire record, including Titan's history of non-compliance, and applying the statutory factors listed above, this case warrants an upwards adjustment of the base forfeiture amount from $2,000 to $3,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Titan Towers, LP is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful violation of Section 17.4(g) of the Commission's Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NAL,
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238014A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 WCPC Broadcasting Co., Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 73.49 of the Rules by failing to provide effective locked fences for its antenna towers. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238015A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''5 Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Alliance Communications Partners, L.P. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.57 of the Rules by failing to notify the Commission of a change in the antenna tower structure ownership. 9. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238016A1.html
- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.8 Considering the entire record and applying the statutory factors listed above, this case warrants a $12,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,9 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,10 Madison Broadcasting Group, Inc., is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000.00) for willful violation of Sections 17.4(g) and 17.50 of the Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,11 within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238017A1.html
- may require.''7 Mitchell's repeated failure to register its antenna structures warrants an upward adjustment of the $3,000 base forfeiture amount for that violation to $6,000. Considering the entire record and applying the statutory factors listed above, this case warrants a $13,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 Rules,9 Mitchell is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for willful and repeated violation of Section 17.4(a) of the Rules, and willful violation of Section 73.49 of the Rules. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238018A1.html
- to reflect Truth's good standing as a licensee.'' After considering the entire record, including the lack of any history of prior offenses by Truth, and applying the statutory factors listed above, this case warrants a forfeiture adjusted downward from $14,000 to $11,200. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,8 Truth is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand two hundred dollars ($11,200.00) for willful and repeated violation of Sections 17.4(a), 73.49 and 73.1350(a) of the Rules. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238019A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.8 Considering the entire record and applying the statutory factors listed above, this case warrants a $12,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,9 and Sections 0.111, 0.311 and 1.80 of the Rules,10 Media is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000.00) for willful and repeated violation of Sections 17.4(g) and 17.51 of the Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238020A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $21,000 forfeiture. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 HCI is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for willful and repeated violation of Sections 73.49, 17.21 and 73.1745(a) of the Rules by failing to maintain effective fencing, by failing to install prescribed lighting and for exceeding power limits. 14. IT IS FURTHER
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238021A1.html
- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''5 Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,7 Javier Rodriguez is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Communications Act of 1934, as amended.8 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,9 within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238022A1.html
- history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the record as a whole and the statutory factors listed above, this case warrants a forfeiture in the amount of $3,000. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,7 Puerto Rico Electric Power Authority is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violating Section 17.4(a) of the Commission's Rules8 by failing to register an antenna structure that requires notification to the Federal Aviation Administration. 7. IT IS FURTHER ORDERED THAT, pursuant
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238023A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.8 Considering the entire record and applying the factors listed above, this case warrants a $15,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,9 and Sections 0.111, 0.311 and 1.80 of the Rules,10 Concilio Mision Cristiana Fuente De Agua Viva is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willful and repeated violation of Section 17.4(g) of the Rules, and willful violation of Sections 17.51 and 17.57 of the Rules, by failing to display the Antenna Structure
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238024A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,8 Mayaguez Radio Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.51 of the Rules by failing to exhibit the prescribed obstruction lighting on its antenna structure. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238025A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a $2,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Reef Broadcast, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for willful and repeated violation of Section 11.61(a)(1)(i) of the Rules by failing to conduct the required monthly EAS tests. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238027A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''6 Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,8 Alpha Ambulance, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Communications Act of 1934, as amended, and Section 1.903(a) of the Commission's Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238038A1.html
- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''5 Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,7 Florida Power and Light Company is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of amount of $10,000 for violation of Section 17.51(a) of the Commission's Rules.8 13. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,9 within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238039A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''13 Considering the entire record and applying the statutory factors listed above, this case warrants a $17,000 forfeiture. IV ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,14 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,15 CTI, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violating Sections 301 and 302 of the Act16 and Section 2.803(a)(1) of the Rules.17 13. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,18 within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238040A1.html
- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''7 Considering the entire record and applying the statutory factors listed above, this case warrants a $5,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,8 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,9 Mr. Joseph S. McCreary is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for willful violation of Section 95.411 of the Commission's Rules.10 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,11 within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238041A1.html
- with co- located station WWFE, a downward adjustment of the forfeiture amount to $4,000 for the EAS violation is warranted. Considering the entire record and applying the statutory factors listed above, this case warrants a $4,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,7 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,8 WRHC Broadcasting Corp. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willful violation of Section 11.35(a) of the Commission's Rules.9 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,10 within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238042A1.html
- violation, because WWFE shared EAS equipment with co-located station WRHC(AM), a downward adjustment of the forfeiture amount to $4,000 for the EAS violation is warranted. Considering the entire record and applying the statutory factors listed above, this case warrants a $21,000 forfeiture. IV. Ordering Clauses 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act9 and Sections 0.111, 0.311 and 1.80 of the Rules,10 Fenix is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $21,000 for willful violation of Sections 11.35(a), 17.51 , and 73.49 of the Commission's Rules.11 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,12 within thirty days of the release of this NOTICE OF
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238043A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''7 Considering the entire record and applying the statutory factors listed above, this case warrants a $7,000 forfeiture. IV ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,9 Lightning, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,10 within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238044A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''5 Considering the entire record and applying the statutory factors listed above, this case warrants an $8,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Faith Bible College, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful violation of Section 11.35(a) of the Commission's Rules. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238045A1.html
- ability to pay, and other such matters as justice may require.''5 Mr. Muoz' unlicensed operation continued after verbal and written warnings to terminate such operation. Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,7 Richard Muoz is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238046A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''6 Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,8 Octavio Sarmiento, Jr. is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238047A1.html
- of prior offenses, ability to pay, and other such matters as justice may require.8 Considering the entire record and applying the factors listed above, this case warrants a $12,000 forfeiture for each of Seggi's two towers, for a total forfeiture of $24,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,9 and Sections 0.111, 0.311 and 1.80 of the Rules,10 Seggi Broadcasting of Florida, Inc., is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-four thousand dollars ($24,000) for willful violation of Section 17.4(g), 17.23, 17.50 and 17.51 of the Rules, by failing to display Antenna Structure Registration numbers, failing to provide obstruction lighting as prescribed by the station
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238048A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''18 Considering the entire record and applying the statutory factors listed above, this case warrants a $8,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act19 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,20 Mediacom is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully and repeatedly violating Section 76.605(a)(12) of the Rules, and willfully violating Section 76.611(a) of the Rules. 13. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238049A1.html
- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''4 Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,5 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,6 Manuel M. Vzquez is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238050A1.html
- non-compliance with the Commission's antenna structure painting requirements on other Pinnacle-owned antenna structures.8 Considering the entire record, including Pinnacle's history of non-compliance, and applying the factors listed above, this case warrants an upwards adjustment of the base forfeiture from $10,000 to $20,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,9 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,10 Pinnacle Towers, Inc., is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful and repeated violation of Section 17.50 of the Rules by failing to maintain good visibility of the required antenna structure obstruction markings. 9. IT IS FURTHER ORDERED THAT, pursuant to
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238051A1.html
- respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''4 Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act 5 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,6 Homere Hyppolite is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Communications Act of 1934, as amended. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238052A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.''7 Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. Ordering Clauses 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 WPGS, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000 for willful and repeated violation of Section 17.51 of the Commission's Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release of this NAL, WPGS, Inc.
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238053A1.html
- after repeated written and verbal warnings, and Accessory's violations caused harmful interference to authorized radio communications. Therefore, considering the entire record and applying the factors listed above, this case warrants an upwards adjustment of the base forfeiture amount from $10,000 to $20,000. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Accessory Connection Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful and repeated violation of Sections 301 and 302(b) of the Act by operating a radio frequency device without the required license, and using a device that failed to comply with the
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238054A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''4 Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act5 and Sections 0.111, 0.311 and 1.80 of the Rules,6 Odino Joseph is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Communications Act of 1934, as amended, for operating radio transmitting apparatus without a license. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238186A1.html
- of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''5 Considering the entire record, the potential safety hazard of this violation, and applying the statutory factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Wilson Broadcasting Co., Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for repeated and willful violation of Section 73.49 of the Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238187A1.html
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''7 Considering the entire record and the factors listed above, this case warrants an $8,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Comcast Cablevision of the South is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 76.605(a)(12) of the Rules and willful violation of Section 76.611(a)(1) of the Rules. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238188A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.7 Considering the entire record and applying the factors listed above, this case warrants a $12,000 forfeiture. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Atlantic Beach Radio, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for willful and repeated violation of Sections 11.35 and 73.1745 of the Rules, by failing to maintain operational EAS equipment and failing to reduce power to nighttime power in violation of the
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238189A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 South Central Communications Corp. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Sections 17.51, 17.23, 17.48(a), and 17.47(a)(2) of the Rules, by failing to exhibit the prescribed obstruction lighting on its antenna structure, failing to conform to the
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238190A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $9,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Monroe Area Broadcaster, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of nine thousand dollars ($9,000) for willful and repeated violation of Sections 73.1745(a), 73.1201(a)(2), and 73.44(b) of the Rules, by operating with daytime power at night, failing to identify the station by call sign, and failing to
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238191A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.7 Considering the entire record and applying the factors listed above, this case warrants a $5,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 East Tennessee Radio Group, L.P. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for willful violation of Sections 17.4(g) and 17.57 of the Rules, by failing to display the Antenna Structure Registration number, and failing to notify the Commission of a change in ownership
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238192A1.html
- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the record as a whole and the statutory factors listed above, this case warrants a forfeiture in the amount of $3,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,8 Morris Communications, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willfully and repeatedly violating Section 17.4(a) of the Commission's Rules by failing to register an antenna structure that requires notification to the Federal Aviation Administration. 9. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238193A1.html
- any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record, the potential safety hazard to air navigation of this violation, and applying the factors listed above, this case warrants a $4,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Farnell O'Quinn is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willful violation of Section 73.1350(a) of the Rules by failing to operate in accordance with the terms of the station authorization by failing to construct the transmitter site and antenna structure for WUFF
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238194A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants an $8,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Adelphia Communications Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 11.35(a) of the Rules by failing to have operational EAS equipment. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238195A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.7 Considering the entire record and applying the factors listed above, this case warrants a $12,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Lighthouse Broadcasting is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for willful and repeated violation of Sections 11.35(a) and 73.1745 of the Rules by failing to maintain operational EAS equipment and operating with excessive power during the post sunset authority hours and then failing
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238196A1.html
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''7 Considering the entire record and the factors listed above, this case warrants an $8,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 James C. Bilbrey ET AL, Overton County Cable TV is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 76.605(a)(12) of the Rules and willful violation of Section 76.611(a)(1) of the Rules. 7. IT IS FURTHER ORDERED THAT, pursuant
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238197A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''6 Considering the entire record and applying the factors listed above, this case warrants an $18,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 J & W Promotions, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for willful violation of Sections 11.35(a), 17.4(a), and 73.49 of the Rules by failing to ensure that EAS equipment was installed and operational at station WAPZ, failing to register WAPZ's antenna
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238198A1.html
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''7 Considering the entire record and the factors listed above, this case warrants an $8,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Valley Cable TV, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 76.605(a)(12) of the Rules and willful violation of Section 76.611(a)(1) of the Rules. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238199A1.html
- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the record as a whole and the statutory factors listed above, this case warrants a forfeiture in the amount of $3,000. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,7 Dewey D. Lankford is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willfully violating Section 17.4(a) of the Commission's Rules by failing to register an antenna structure that requires notification to the Federal Aviation Administration. 7. IT IS FURTHER ORDERED THAT, pursuant to
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238200A1.html
- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the record as a whole and the statutory factors listed above, this case warrants a forfeiture in the amount of $3,000. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,7 P & G Properties, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willfully violating Section 17.4(a) of the Commission's Rules by failing to register an antenna structure that requires notification to the Federal Aviation Administration. 7. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238201A1.html
- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the record as a whole and the statutory factors listed above, this case warrants a forfeiture in the amount of $3,000. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,7 J. L. Brewer Broadcasting of Cleveland, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willfully violating Section 17.4(a) of the Commission's Rules by failing to register an antenna structure that requires notification to the Federal Aviation Administration. 7. IT IS FURTHER
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238202A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''6 Considering the entire record and applying the factors listed above, this case warrants an $11,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Southern Media Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand dollars ($11,000) for willful violation of Sections 11.35(a) and 17.4(a) of the Rules by failing to ensure that EAS equipment was installed and operational at station WBCA and failing to register its antenna structure
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238203A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.10 Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,11 and Sections 0.111, 0.311 and 1.80 of the Rules,12 Coffee County Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of Section 73.1125(a) of the Rules by failing to maintain a presence at the main studio of WMSR(AM) during normal business hours. 9. IT IS FURTHER ORDERED THAT, pursuant
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238204A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a forfeiture of $10,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Signal One, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51(b) of the Rules by failing to continuously exhibit medium intensity obstruction lighting during daylight hours. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238205A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.4 Considering the entire record and applying the factors listed above, this case warrants a forfeiture of $10,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Rules,6 Barinowski Investment Company, LP is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules by failing to clean and repaint its antenna structure to maintain good visibility. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238207A1.html
- respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the statutory factors to the instant case, a $4,000 forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Tarrant Radio Broadcasting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for operating station KZEE with an antenna input power at a level more than 105% of authorized power in willful and repeated violation of Section 73.1560(a)(1) of the Rules. 10. IT IS
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238208A1.html
- respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the statutory factors to the instant case, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,6 Kilgore Video, Inc. is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238209A1.html
- respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the statutory factors to the instant case, a $3,000 forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Community Broadcast Group, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238210A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''4 Considering the entire record and applying the statutory factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Rules,6 TeleBEEPER of New Mexico, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful violation of Section 1.903(a) of the Commission's Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238211A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 MSA Development Group, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register its antenna supporting structure. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238212A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''7 Considering the entire record, and applying the statutory factors listed above, this case warrants a $13,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Hill Country Real Estate Development Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for willful and repeated violation of Sections 17.50, 17.51 and 17.57 of the Rules by failing to repaint the structure as often as necessary to maintain good visibility, failing to
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238213A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.4 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Rules,6 Access.1 Communications Corp. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NAL, Access.1
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238214A1.html
- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the record as a whole and the statutory factors listed above, this case warrants a forfeiture in the amount of $3,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,7 Texas Cable Partners, LP is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willfully and repeatedly violating Section 17.4(a) of the Commission's Rules by failing to register an antenna structure that requires notification to the Federal Aviation Administration. 8. IT IS FURTHER ORDERED
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238215A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''4 Considering the entire record and applying the statutory factors listed above, this case warrants a $7,000 forfeiture. IV ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,6 American Family Association is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating Section 73.1125 of the Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238216A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''5 Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,7 Midwest Tower Partners, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238217A1.html
- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''4 Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,5 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,6 Lake Mobile Phone is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars $10,000 for willful violation of Section 17.50 of the Commission's Rules. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238218A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.4 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Rules,6 Haviland Telephone Co., Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.21 of the Rules by failing to exhibit the prescribed painting on its antenna structure. 6. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238219A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''4 Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,6 Deans Cablevision Inc is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Commission's Rules. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238220A1.html
- KGGF-KUSN, Inc.'s stations, therefore, an upwards adjustment of the forfeiture associated with this violation from $2,000 to $4,000 is appropriate. Considering the entire record and applying the statutory factors listed above, this case warrants a $23,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,7 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,8 KGGF- KUSN, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty three thousand dollars ($23,000) for willful and repeated violation of Sections 11.35(a), 17.47(a)(1), 17.50 and 73.49 of the Rules. 13. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238221A1.html
- required items and not accessible on the day of inspection, warrants a downward adjustment of the $10,000 base forfeiture amount for that violation to $3,000. Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,7 New Life Evangelistic Center, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Sections 73.1125 and 73.3527 of the Rules. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238222A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.11 Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,12 and Sections 0.111, 0.311 and 1.80 of the Rules,13 KGGF-KUSN, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 73.1125(a) of the Rules by failing to failing to maintain a presence at the main studio of KGGF-FM during normal business hours. 9. IT IS FURTHER ORDERED
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238224A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a forfeiture of $10,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 VoiceStream PCS I License L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51(b) of the Rules by failing to continuously exhibit all high intensity and medium intensity obstruction lighting. 9. IT IS FURTHER ORDERED THAT, pursuant
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238225A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.4 Considering the entire record and applying the factors listed above, this case warrants a forfeiture of $10,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Rules,6 Verizon Wireless d.b.a. Des Moines MSA General Partnership is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules by failing to clean and repaint its antenna structure to maintain good visibility. 9. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238226A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.4 Considering the entire record and applying the factors listed above, this case warrants a forfeiture of $10,000. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Rules,6 Missouri RSA No.2 Partnership d.b.a. Alltel is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules by failing to clean and repaint their antenna structure to maintain good visibility. 7. IT IS FURTHER ORDERED THAT, pursuant to
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238236A1.html
- to the inspection, we deem a fifty percent reduction in the forfeiture amount for the violations associated with the equipment is appropriate. After applying the Forfeiture Policy Statement and the statutory factors to the instant case, we believe a $6,500 forfeiture is warranted. IV. Ordering Clauses 9.Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules,11 Rego, Inc., c/o Betsy Trimble is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand five hundred dollars ($6,500) for failure to have operational EAS equipment installed, failure to have a remote control system that provided sufficient transmission system monitoring and control capabilities at the main studio, and
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238237A1.html
- amount of six thousand dollars ($6,000) per station in violaton for a total of twelve thousand dollars ($12,000) is warranted. This amount reflects an increase above the base amount due to the conscious, continuing violation at both the Burnsville and Sardis stations. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act5 and Sections 0.111, 0.311 and 1.80 of the Rules6, 420 Energy Investments, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for willfully and repeatedly violating Section 1.903(a) of the Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty (30) days of the date of release
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238238A1.html
- any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and statutory factors to the instant case, we believe that a monetary forfeiture in the amount of seven thousand dollars ($7,000) is warranted. IV. ORDERING CLAUSES 6.Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act5 and Sections 0.111, 0.311 and 1.80 of the Rules6, Erald Broadcasting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 73.49 of the Rules. 7.IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the date of release of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238239A1.html
- the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 After applying the Forfeiture Policy Statement and statutory factors to the instant case, we believe a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Rules7, Jeffrey Alan Pettrey is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238240A1.html
- thousand dollar ($10,000) monetary forfeiture is warranted because although the record reveals that Detroit SMSA Limited Partnership has an overall history of compliance and showed good faith surrounding the violations by the voluntary disclosure of information, the violation is egregious and repeated. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules6, Detroit SMSA Limited Partnership is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 303(q) of the Act and Section 17.23 of the Commission's Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238241A1.html
- violations by the voluntary disclosure of information, the violation is egregious. Applying the Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a two thousand two hundred dollar ($2,200) monetary forfeiture is warranted. IV. Ordering Clauses 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 506(a) of the Act7 and Sections 0.111, 0.311 and 1.80 of the Rules8, Shepler's Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand two hundred dollars ($2,200) for willfully violating the Great Lakes Agreement and Sections 80.953(a) and 80.953(b) of the Commission's Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238243A1.html
- the violations by the voluntary disclosure of information; however, the violations are egregious. Applying the Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a twenty thousand dollar ($20,000) monetary forfeiture is warranted. IV. Ordering Clauses 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Rules7, Fifth Avenue Broadcasting Co., Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willfully and repeatedly violating Sections 73.1225(d)(1), 73.1350(a), 73.1690(b)(2), 73.3526(e)(1) and 73.3526(e)(12) of the Rules by failing to maintain required records, failing to operate according to the terms of the station
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238244A1.html
- history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and statutory factors to the instant case, we believe that a monetary forfeiture of eleven thousand dollars ($11,000) is warranted for the violation. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act5 and Sections 0.111, 0.311 and 1.80 of the Rules6, Dr. Pierre is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand dollars ($11,000) for willfully and repeatedly violating Section 301 of the Act. 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238245A1.html
- history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and statutory factors to the instant case, we believe that a monetary forfeiture in the amount of seven thousand dollars ($7,000) is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act8, and Sections 0.111, 0.311 and 1.80 of the Rules,9 NORTHEAST PASSAGE CORPORATION is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violating Sections 17.4(a) and 1.89(b) of the Rules. 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the date of release of this NOTICE
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238246A1.html
- because the station has no prior history of offenses, the forfeiture amount should be reduced to $24,000. After applying the Forfeiture Policy Statement and statutory factors to the instant case, we believe a $24,000 forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended9, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules10, Zachery Broadcasting Company is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty four thousand dollars ($24,000) for violating sections 11.35(a), 73.3526, 17.50, 17.56, 17.48, 17.4(a) and 73.49 of the Commission's Rules11 for failure to maintain EAS equipment, failure to maintain a public inspection file, failure to maintain
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238247A1.html
- will be applied to this action. No downward adjustment criteria have been identified to warrant a lowering of the base forfeiture amount. After applying the Forfeiture Policy Statement and statutory factors to the instant case, we believe a $22,000 forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 KYOO Communications, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty two thousand dollars ($22,000) for violating Sections 11.35(b), 17.50, 73.1350(c)(1) and 73.1800(a) of the Rules, 47 C.F.R. 11.35(b), 17.50, 73.1350(c)(1) and 73.1800(a). 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,10 within thirty
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238248A1.html
- pay, and other such matters as justice may require.6 Considering the entire record, including Pinnacle's history of similar violations, and applying the factors listed above, an increase in the base forfeiture amount is warranted. Therefore, this case warrants a forfeiture of $20,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Pinnacle Towers Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful and repeated violation of Section 17.50 of the Rules by failing to clean and repaint its antenna structure to maintain good visibility. 8. IT IS FURTHER ORDERED THAT, pursuant to Section
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238249A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a forfeiture of $2,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Qwest Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for willful violation of Section 17.4(g) of the Rules by failing to display the antenna structure registration number. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238250A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 St. Louis Mobile System Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register its antenna structure. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238251A1.html
- Cumulus has a history of prior offenses for the same type of violation at other Cumulus radio stations.6 Considering the entire record and applying the factors listed above, this case warrants an upwards adjustment of the base forfeiture from $1,000 to $2,000. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Cumulus Licensing Corp. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for willful and repeated violation of Section 73.3526(e)(12) of the Rules by failing to maintain required issues-programs listings at both KQTP and KWIC. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238252A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $2,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 AAT Communications Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for willful violation of Section 17.47(a) of the Rules by failing to monitor the status of its antenna structure lighting. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238253A1.html
- of the required items in the public inspection file, a downward adjustment of the base forfeiture for that violation from $10,000 to $5,000 is warranted. Considering the entire record and applying the statutory factors listed above, this case warrants a $19,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Rules,6 Hunt Broadcasting Group, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand dollars ($19,000) for willful violation of Sections 73.49, 73.1350(b)(2), 73.1350(c), 11.35(a), 73.3526(e)(5), 73.3526(e)(6) and 73.3526(e)(12) of the Rules, by failing to provide an effective locked fence enclosing the base of the KPWB AM tower,
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238254A1.html
- file contained a portion of the required items, a downward adjustment of the base forfeiture amount for this violation from $10,000 to $5,000 is warranted. Considering the entire record and applying the statutory factors listed above, this case warrants a $9,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 American Family Association is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of nine thousand dollars ($9,000) for willful violation of Sections 11.35(a), 73.3527(e)(4), 73.3527(e)(7) and 73.3527(e)(8) of the Rules, by failing to maintain operational EAS equipment, and by failing to maintain a current ownership report, The Public and Broadcasting
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238255A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.4 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Rules,6 Crown Castle GT Company LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules by failing to clean and repaint its antenna structure to maintain good visibility. 7. IT IS FURTHER ORDERED THAT, pursuant to Section
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238259A1.html
- as justice may require.4 Applying Section 1.80(b)(4) of the Rules and statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $8,000 is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,6 Union Broadcasting Inc., is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Section 11.35(a) of the Commission's Rules, 47 C.F.R. 11.35(a). 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules7, within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238260A1.html
- outages and based on the adjustment criteria listed above, the forfeiture amount for that violation warrants an increase to $15,000. Considering the entire record and applying the statutory factors listed above, this case warrants a $16,000 forfeiture. IV. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,7 Barnstable Broadcasting, Inc. dba Two Rivers Broadcasting Limited Partnership is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for willful and repeated violation of Sections 11.35(a) and 17.51(b) of the Commissions Rules.8 17. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238261A1.html
- Applying Section 1.80(b)(4) of the Rules and statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $4,000 is warranted. IV. ORDERING CLAUSES 9.Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,5 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,6 National Cable is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willful violation of Section 1.89(b) of the Commission's Rules.7 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,8 within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238262A1.html
- the instant cas e, a downward adjustment is appropriate for the AM tower fencing, as the fence surrounding th e antenna structure was adequate, although unlocked. As such, we find that a total forfe iture in the amount of $6,500 is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, T & W Communicat ions Corporation, is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand five hundred dollars ($6,500) for viol ating Sections 17.4(a)(2) and 73.49 of the Commissions Rules, 47 C.F.R. 17.4(a)(2) and 73.49. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238263A1.html
- the Rules and statutory factors to the instant case, an upward adjustment is warranted due to the owner's history of non-compliance and flagrant disregard for the Commission's rules. Therefore, we find Christian Broadcasting liable for a forfeiture in the amount of $14,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,8 Christian Broadcasting Corporation is hereby NOTIFIED of their APPARENTLY LIABLE FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violating Sections 1.89(b) and 17.4(a) of the Commission's Rules, 47 C.F.R. 1.89(b) and 17.4(a). 9. IT IS FURTHER ORDERED, pursuant to Sections 1.80 of the Rules, within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238264A1.html
- as justice may require.4 Applying Section 1.80(b)(4) of the Rules and statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $15,000 is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,6 Hancock Broadcasting Corporation, is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violating Sections 11.35(a) and 73.49 of the Commission's Rules, 47 C.F.R. 11.35(a) and 73.49. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules7, within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238265A1.html
- Section 1.80(b)(4) of the Rules and statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $15,000 is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,5 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,6 MAPA Broadcasting, L.L.C. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violating Sections 11.35(a), and 73.49 of the Commission's Rules.7 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules8, within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238266A1.html
- Section 1.80(b)(4) of the Rules and statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $20,000 is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,5 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,6 C.W.H. Broadcasting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollar ($20,000) for willful violation of Sections 17.4(a)(2), 17.51(a), and 73.49 of the Commission's Rules.7 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules8, within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238267A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,8 Richard I. Rowland is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violating Section 301 of the Act.9 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,10 within thirty days of the release date of this NOTICE OF
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238268A1.html
- culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.4 Cumulus Licensing Corporation's violations were repeated and willful. Applying the Forfeiture Policy Statement and statutory factors to the instant case, an $24,000 forfeiture is warranted. IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,6 Cumulus Licensing Corp. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty four thousand dollars ($24,000) for violating Section 11.35(a) of the Commission's Rules7 6. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,8 within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238269A1.html
- of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.4 Rebus, Inc.'s violation was repeated and willful. Applying the Forfeiture Policy Statement and statutory factors to the instant case, an $8,000 forfeiture is warranted. IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,6 Rebus, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Section 11.35(a) of the Commission's Rules.7 6. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,8 within thirty days of the release date of this NOTICE OF
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238270A1.html
- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''3 Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended4, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules5, Mega Communications of St. Petersburg Licensee, L.L.C. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful6 violation of Section 17.51(a)7. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules8, within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238271A1.html
- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,4 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,5 SpectraSite Communications, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of amount of $10,000 for willful6 violation of Section 17.51(a) of the Commission's Rules 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules7, within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238273A1.html
- case, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted because of the potential hazard to air navigation and a three thousand ($3000) monetary forfeiture for failure to file required forms, for a total of thirteen thousand dollars ($13,000). IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules6, Rio Grande Transmission, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for willfully violating Section 303(q) of the Act and Sections 17.23 and 17.57 of the Commission's Rules. 15. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238274A1.html
- the system violated CLI on June 6, 2000. We believe the appropriate forfeiture for CommuniComm's repeated failure to comply with leakage limits on June 6 and 7, 2000, and the system violated CLI on June 6, 2000, is $8,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, James Cable Partners, LP, d/b/a CommuniComm Services, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful or repeated violation of 76.605(a)(12) and 76.611(a) of the Commission's Rules. IT IS FURTHER ORDERED, PURSUANT TO Section 1.80 of the Commission's Rules, within thirty days
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238275A1.html
- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $4,000 forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, WWC License L.L.C., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for repeated violation of 22.371(b) of the Commission's Rules. 10. IT IS FURTHER ORDERED, PURSUANT TO Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238276A1.html
- In view of the fact that HCTV was previously issued an Official Notice of Violation on November 29, 2000 for violation of Section 73.3527(c)(1) of the Rules, we see no reason to mitigate the base forfeiture amount. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended1, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules2, HCTV is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to make the local public inspection file available during regular business hours, in violation of Section 73.3527(c)(1) of the Rules, 47 C.F.R. Section 73.3527(c)(1). 11. IT IS FURTHER ORDERED THAT, pursuant to
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- history of prior offenses, ability to pay, and other such matters as justice may require.6 Applying the Policy Statement and statutory factors to the instant case, we believe that a monetary forfeiture of ten thousand dollars ($10,000) is warranted for the violation. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,8 Califormula Broadcasting is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violating Section 301 of the Act9. 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT LIABILITY,
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- the station is outstanding.'' Based on the evidence before us, we find that Hogar has willfully3 violated Section 73.3526(a)(2) of the Rules by not maintaining a public inspection file. A monetary forfeiture of ten thousand dollars ($10,000) is proposed for this violation. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,4 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,5 KASA Radio Hogar, Inc. is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violating Sections 73.54(d), 73.1350(c)(1), 73.1590(a)(6) and 73.3526(a)(2) of the Commission's Rules and Regulations. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238291A1.html
- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.10 Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $17,000 forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended11, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules12, Joshie Yasin Nakamura, Sr. is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violating Sections 301, 325(a), and 333 of the Act.13 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules14, within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238292A1.html
- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.7 Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended8, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules9, Joshie Yasin Nakamura, Sr. a/k/a Marvin Eugene Barnes is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violating Section 301of the Act.10 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules11, within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238293A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.9 Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $17,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act10 and Sections 0.111, 0.311 and 1.80 of the Rules11, Alan-Leonard Brockway is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willfully and repeatedly violating Section 301 of the Act and Section 303(n) of the Act. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238294A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.11 Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act12 and Sections 0.111, 0.311 and 1.80 of the Rules,13 Palouse Country, Inc., is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violating Section 73.1400(a)(1)(ii), 73.1560(a), 73.1580, and 73.1870(c)(3) of the Rules.14 13. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238295A1.html
- have an overall history of compliance. However, the violation is egregious. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a twenty three thousand dollar ($23,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act7, and Sections 0.111, 0.311 and 1.80 of the Rules8, BanJo CommunicationsGroup, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty three thousand dollars ($23,000) for willful and repeated violation of Sections 11.35(a), 11.61(a), and 1.80(b)(4) of the Commissions Rules. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of
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- The record reveals that Faith does have an overall history of compliance. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a seven thousand dollar ($7,000) monetary forfeiture is warranted IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Rules,6 Anastos Media Group is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7000) for violating Section 73.49 of the Rules. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT LIABILITY,
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238297A1.html
- does have an overall history of compliance, but the violation was egregious. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a fifteen thousand dollar ($15,000) monetary forfeiture is warranted IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Rules,6 Nextmedia is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violating Sections 17.47(a)(1), 17.48(a) and 17.51(a) of the Rules. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238298A1.html
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a seventeen thousand dollars ($17,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act11 and Sections 0.111, 0.311, and 1.80 of the Rules12, Cornbelt Broadcasting Co. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willfully and repeatedly violating Sections 11.35(b), 17.4(g), and 73.49 of the Rules. 14. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238299A1.html
- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.7 After applying the Forfeiture Policy Statement and the statutory factors to the instant case, we believe a $7,000 forfeiture is warranted. IV. Ordering Clauses 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules,8 Cumulus Licensing Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of Section 73.49 of the Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238300A1.html
- does have an overall history of compliance. However, the violation is egregious. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that an eight thousand dollar ($8,000) monetary forfeiture is warranted. IV. Ordering Clauses 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act5 and Sections 0.111, 0.311 and 1.80 of the Rules,6 Faith is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully violating Section 11.52(a) of the Rules. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT LIABILITY, Faith
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238301A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act7 and Sections 0.111, 0.311 and 1.80 of the Rules8, Mortenson Broadcasting Co. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 17.51(a) of the Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238302A1.html
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a two thousand dollar ($2,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act10 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,11 Adelphia Communications is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($2,000) for willfully and repeatedly violating Section 11.61(a) of the Commission's Rules. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238303A1.html
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a seventeen thousand dollar ($17,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules9, Central Transport, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willfully and repeatedly violating Section 303(q) of the Act, as amended, and Sections 17.4(a) and 1.89(b) of the Rules. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238304A1.html
- Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we find no compelling evidence to support any adjustments to the base forfeiture amounts and we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSE 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules7, Parnassos, L.P. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three dollars ($3,000) for willfully and repeatedly violating Section 17.4(a) of the Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238305A1.html
- good faith surrounding the violations by the voluntary disclosure of information; however, the violations are egregious. Applying the Policy Statement and the adjustment criteria to the instant case, we believe that a two thousand two hundred dollar ($2,200) monetary forfeiture is warranted. IV. Ordering Clauses 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 506(a) of the Act4 and Sections 0.111, 0.311 and 1.80 of the Rules5, KYS Inc. Sandusky Bay Marine Towing is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand two hundred dollars ($2,200) for willfully violating the Great Lakes Agreement and Sections 80.953(a) and 80.953(b) of the Commission's Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238306A1.html
- does not have an overall history of compliance and the violations are egregious. Applying the Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that an eleven thousand dollar ($11,000) monetary forfeiture is warranted. IV. Ordering Clauses 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act5 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules (``Rules'')6 Thomas A. Brothers is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand dollars ($11,000) for willfully and repeatedly violating Section 301 of the Act. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238308A1.html
- the violations by the voluntary disclosure of information; however, the violation is egregious. Applying the Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that an eight thousand dollar ($8,000) monetary forfeiture is warranted. IV. Ordering Clauses 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Rules7, Oberlin College Student Network, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully and repeatedly violating Section 11.35(a) of the Rules by failing to install and have operational EAS equipment. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238309A1.html
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a fifteen thousand dollar ($15,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules10, Sprintcom, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willfully and repeatedly violating Section 303(q) of the Act, as amended, and Sections 17.4(g), 17.47(a)(1), 17.47(a)(2) 17.48(a) and 17.51(b) of the Rules. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
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- justice may require.6 Because US Cable failed to register two different towers, this constitutes separate violations and it is appropriate to impose a forfeiture for each. Considering the entire record and applying the factors listed above, this case warrants a $6,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 US Cable is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register its two antenna structures. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238337A1.html
- to pay, and other such matters as justice may require. Applying the Policy Statement and statutory factors to the instant case, we believe that a monetary forfeiture of four thousand dollars ($4,000) is warranted for the violation. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended11, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules12, Richard E. LaPierre is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 1.89(b) of the Rules. 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules13, within thirty days of the release date of this NOTICE
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238338A1.html
- history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and statutory factors to the instant case, we believe that a monetary forfeiture of twenty-two thousand dollars ($22,000) is warranted for the violations. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 RADIO ONE LICENSES INC. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-eight thousand dollars ($22,000) for failure to have operational Emergency Alert System (``EAS'') equipment, failure to conduct and log required EAS tests, failure to maintain a local telephone number in the community of license, failure to
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238339A1.html
- of information, the violation was not minor, and occurred over a two month period. Applying the Policy Statement and the statutory factors to the instant case and applying the downward adjustments, we believe that reducing the NALthe NAL to four thousand dollars ($4000) is warranted. 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules,14 Time Warner Cable is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for failure to maintain operational EAS equipment and for failing to conduct and log the required monthly and weekly tests of EAS, in violation of Sections 11.35(a), 11.61(a)(1)(iii), and 11.61(a)(2)(i)(B) of the Rules.
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238340A1.html
- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.9 After applying the Forfeiture Policy Statement and the statutory factors to the instant case, we believe a $5,000 forfeiture is warranted. IV. Ordering Clauses 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules,10 The Original Company, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for failure to observe the antenna structure's lights at least once each 24 hours and for failing to notify the FAA when Original became aware of the outage of the top beacon
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238341A1.html
- repeat of these violations from prior inspections and the violations are egregious. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a five thousand dollar ($5,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules5, J4 Broadcasting of Cincinnati, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for willful and repeated violation of Sections 73.51(e)(2) and 73.1560(a)(1) of the Rules. 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238342A1.html
- and other such matters as justice may require. Considering the entire record, applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a five thousand dollar ($5,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Rules7, Frank Kluz is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for willful violation of Section 95.411 of the Rules. 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238343A1.html
- of prior offenses, ability to pay, and other such matters as justice may require.''5 Considering After considering the entire record and applying the statutory factors listed above, this case warrantswe find that a $10,000 forfeiture in the amount of $10,000 is appropriate. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Rules7, Rev. Dr. Philius Nicholas is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238344A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Rules7, Rev. Yvon Louis is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. 16. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238345A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act5 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules6, Gateway Security Systems, Inc., is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238349A1.html
- culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules,5 Morgan Tower Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 17.21(a) of the Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238350A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.7 Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules,8 California Speedway is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF APPARENT
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238352A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6, and Sections 0.111, 0.311 and 1.80 of the Rules7, Niagara Mohawk Power Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.50 of the Commissions Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238356A1.html
- that item had never been maintained by Petracom at the time of inspection. Therefore, we assess the forfeiture amount for the public file violation at $1,500. Considering the entire record and applying the factors listed above, this case warrants a $3,500 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Petracom is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand five hundred dollars ($3,500) for willful and repeated violation of Sections 11.61(a)(2)(i)(A) and 73.3526(a)(2) of the Rules by failing to conduct EAS tests and maintain an issues/programs list in the public file. 8. IT IS FURTHER ORDERED
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238362A1.html
- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $4,000 forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, WWC License L.L.C., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for repeated violation of 22.371(b) of the Commission's Rules. 10. IT IS FURTHER ORDERED, PURSUANT TO Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238566A1.html
- one-half of the station's public file was available at the time of inspection. Therefore, we assess the forfeiture amount for the public file violation at $5,000. Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Tralyn Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for repeated and willful violation of Sections 11.61(a)(2)(i)(A) and 73.3526(a)(2) of the Rules by failing to conduct weekly tests of the Emergency Alert System, and failing to maintain all required material in the
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238570A1.html
- $4,000 as all the necessary EAS equipment was installed, but not yet operational due to extensive work being done at the system's headend. Applying Section 1.80 of the Rules and the statutory factors to the instant case, a $4,000 forfeiture is warranted. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,4 and Sections 0.111, 0.311 and 1.80 of the Rules,5 Cox Communications, Inc., is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violating Section 11.35(a) of the Rules, 47 C.F.R. 11.35(a). 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,6 within thirty days of the release date of this NOTICE
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238571A1.html
- assertion that the tower would be taken down in the next 90 to 120 days, the tower was at the same location and had not been repainted as of July 21, 2000. Therefore, a forfeiture in the amount of $16,000 is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,8 Natchez Communications, Inc., is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for violating Sections 17.4(g) and 17.50 of the Commission's Rules, 47 C.F.R. 17.4(g) and 17.50. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238586A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''4 Considering the entire record and applying the statutory factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Rules,6 Kaspar Broadcasting Co. of Missouri is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of Section 73.49 of the Rules, by failing to provide an effective locked fence enclosing the base of the station's antenna tower. 7. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238975A1.html
- repeated. However, a reduction in this forfeiture amount by $500 is warranted based on Klaus D. Kramer's voluntary relinquishment of the offending non-certified transmitting equipment. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $9,500 forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,7 Klaus D. Kramer, is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of nine thousand five hundred dollars ($9,500) for violating Section 301 of the Act8. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,9 within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238976A1.html
- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.? Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 9.Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended6, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules7, David Edwin Merrell is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Communications Act of 1934, as amended.8 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules9, within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238977A1.html
- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and statutory factors to the instant case, a $3,000 forfeiture is warranted. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,5 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,6 Groveton Broadcasting Group, Inc. is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for failure to file required forms or information required by Section 17.4(a) of the Commission's rules, 47 C.F.R. 17.4(a). 13. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238978A1.html
- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''22 Considering the entire record and applying the statutory factors listed above, this case warrants a $8,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,23 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,24 Friendship Cable of Texas, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful or repeated violation of 76.605(a)(12) and 76.611(a) of the Commission's Rules. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules25, within thirty days
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238979A1.html
- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''4 Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,5 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,6 Marcel (NMI) Charles, a.k.a. Marcel M. Charles, a.k.a. Mariel M.Charles, a.k.a. Joseph M. Charles is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Communications Act of 1934, as amended. 9. IT IS FURTHER ORDERED THAT, pursuant
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238980A1.html
- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''5 Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,7 Josue Alusma is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238982A1.html
- and with respect to the violator, the degree of culpability, any history or prior offenses, ability to pay, and other such matters as justice may require.''7 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,9 Tower Properties of Florida Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.50 of the Rules by failing to maintain good visibility of the required antenna structure obstruction markings. 9. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238983A1.html
- and with respect to the violator, the degree of culpability, any history or prior offenses, ability to pay, and other such matters as justice may require.''5 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Gulf Stream Natural Gas System is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.51 of the Rules by failing to exhibit obstruction lighting on structure 1232899 in Ft. Meade, Florida. 9. IT IS FURTHER ORDERED THAT, pursuant to Section
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238984A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Wings Communications, Inc. DBA WELE Radio is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51 of the Rules by failing to exhibit red obstruction lighting from sunset to sunrise on antenna structure 1062835 in Ormond Beach, Florida.
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-239066A1.html
- Section 1.80(b)(4) of the Rules and statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $25,000 is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,5 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,6Willis Broadcasting Corporation, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violating Sections 1.89(b), 11.35(a), 17.4(a)(2) and 73.3526(c) of the Commission's Rules. 7 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules8, within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-239067A1.html
- all of the violations. Sycamore repeated the same violations as evidenced by the monitoring and station inspection in February, 2002. Considering the entire record and applying the statutory factors listed above, this case warrants a $25,000 forfeiture. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,13 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,14 Sycamore Valley Broadcasting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty five thousand dollars ($25,000) for willful and repeated violation of Sections 11.52(d), 11.61(a), 17.50, 73.1400 and 73.1745(a) of the Commission's Rules.15 16. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-239068A1.html
- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''5 Considering the entire record and applying the statutory factors listed above, this case warrants an $8,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,7 WHYZ Radio, L.P. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for failure to have operational EAS equipment. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,8 within thirty days of the release date of this NOTICE OF
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-239069A1.html
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''7 Considering the entire record and the factors listed above, this case warrants an $8,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Comcast Cablevision of Nashville II LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 76.605(a)(12) of the Rules and willful violation of Section 76.611(a)(1) of the Rules. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-239070A1.html
- of prior offenses, ability to pay, and other such matters as justice may require.''5 The Field Office received complaints concerning WMGC's overpower operation at night. Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,7 Radio 810 Nashville, Incorporated is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for repeated and willful violation of Sections 73.1350(d)(2), and 73.1745(a), and willful violation of Section 73.1215(a) of the Rules. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-239071A1.html
- Section 1.80(b)(4) of the Rules and statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $22,000 is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,5 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,6 Jamie Patrick Broadcasting, Ltd. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-two thousand dollars ($22,000) for willful violation of Sections 1.89(b), 11.35(a), and 73.3526(a)(2) of the Commission's Rules.7 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,8 within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-239073A1.html
- prior offenses, ability to pay, and other such matters as justice may require.5 Verizon failed to update ownership information on two of its antenna structures. Considering the entire record and applying the factors listed above, this case warrants a forfeiture of $6,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Verizon Wireless is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for willful and repeated violation of Section 17.57 of the Rules by failing to notify the Commission of a change in ownership of two of its antenna structures. 8. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-239077A1.html
- to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Applying Section 1.80 of the Rules and the statutory factors to the instant case, a $7,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Exports R Us is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violating Sections 2.803 and 2.815 of the Rules, 47 C.F.R. 2.803, 2.815. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-239154A1.html
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules,6 Networx Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for operating unlicensed stations in violation of Section 301 of the Act. 13. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-239155A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a seven thousand dollar ($7,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act3 and Sections 0.111, 0.311 and 1.80 of the Rules4 WOYK Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating Section 73.49 of the Rules. 6. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT LIABILITY,
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-239156A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a twenty thousand dollar ($20,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 FBS Wireless Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for failing to exhibit red obstruction lighting on the WFBS(AM) antenna structure; failure to register the WFBS(AM) antenna structure with the Commission; and failure to maintain an effective locked fence around the WFBS(AM)
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-239157A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act7 and Sections 0.111, 0.311 and 1.80 of the Rules8 Networx is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act. 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-239158A1.html
- offenses, ability to pay, and other such matters as justice may require.6 Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a thirteen thousand dollar ($13,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Qwest is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for willful and repeated violation of Sections 17.4(a) and 17.50 of the Rules by failing to register its antenna structure and failing to maintain the tower paint in good condition. 8. IT IS FURTHER ORDERED
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-239160A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.4 Considering the entire record and applying the factors listed above, this case warrants a $20,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Rules,6 Radio X Broadcasting Corp. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful violation of Sections 17.50 and 73.3526(b) of the Rules by failing to repaint its antenna structure in accordance with the painting specifications associated with its antenna structure #1043256 and failing
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-239161A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''9 Considering the entire record and applying the statutory factors listed above, this case warrants a $7,000 forfeiture. IV ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,10 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,11 Electronics Unlimited, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violating Sections 302 of the Act.12 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,13 within thirty days of the release date of this NOTICE OF APPARENT
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-239162A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.7 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Florida Cellular Service, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51 of the Rules by failing to exhibit obstruction lighting on structure 1225706 in Hobe Sound, Florida. 7. IT IS FURTHER ORDERED THAT, pursuant to
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-239163A1.html
- into compliance with it's authorizations or to amend it's authorizations to seek approval to operate consistent with its current operating parameters. Applying the Forfeiture Policy Statement statutory factors to the instant case, a $13,000 forfeiture is warranted. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended11, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules12, ACS Television, L.L.C. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violating Section 74.780, 73.3538(a)(1), and (a)(4) of the Rules.13 16. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules14, within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-239164A1.html
- State of New Mexico EAS plan. Therefore, failure to have operational EAS equipment is applied to each station separately. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $16,000 forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,12 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,13 each of the Alpine captioned licensees, is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) each for violation of Sections 11.35(a) of the Rules, 47 C.F.R. 11.35(a), representing a total forfeiture of $16,000. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-239165A1.html
- degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $7,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,8 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,9 Sam Bushman is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules, 47 C.F.R. 73.49. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,10 within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-239285A1.html
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. Ordering Clauses 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules,5 Amethyst's International Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-239286A1.html
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a fifteen thousand dollar ($15,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules,10 Beacon Broadcasting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for failing to post the ASR numbers, failing to notify the FAA and failing to maintain the paint on the WGRP(AM) antenna structures. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-239287A1.html
- degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $7,000 forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Commonwealth License Subsidiary, LLC, is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules.6 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-239288A1.html
- degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.5 Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $3,000 forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Mount Rushmore Broadcasting, Inc., is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violations of Sections 73.1350 and 73.1400 of the Rules.6 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules7 within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-239289A1.html
- degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.6 Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Mount Rushmore Broadcasting, Inc., is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Communications Act of 1934, as amended.7 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-239290A1.html
- matters as justice may require.7 Applying the Forfeiture Policy Statement and the statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amount. Therefore, a forfeiture in the amount of $4,000 is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, North American Broadcasting Company, Inc., is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violating Section 73.1560(a) of the Rules.8 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-239291A1.html
- may require.16 In applying Section 1.80(b)(4) of the Rules and the statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $15,000 is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Aracelis Ortiz, Executrix of the Estate of Carlos Ortiz, is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violating Sections 11.35(a), and 73.1125(c) of the Commission's Rules and Regulations.17 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-239293A1.html
- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the statutory factors listed above, this case warrants an $8,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,6and Sections 0.111, 0.311 and 1.80 of the Rules,7 Fayette County Broadcasting is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 11.35(a) of the Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-239294A1.html
- affiliates within the past 2 years for failure to post the ASR at other registered antenna structures. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, we conclude a $2,000 forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,10 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,11 VoiceStream PCS I License, L.L.C., is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violation of Section 17.4(g) of the Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,12 within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-255039A1.html
- may require.10 In applying Section 1.80(b)(4) of the Rules and the statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $8,000 is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,11 TV 45 Productions, Inc., is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Sections 11.35(a) and 11.61 of the Commission's Rules and Regulations.12 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237641A1.html
- degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $4,000 forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Simmons-SLC, LS, LLC, is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 74.1232(d) of the Rules.9 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237642A1.html
- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 6.Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Crown Communication, Inc., is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violating Section 17.50 of the Rules.11 7.IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,12 within thirty days of the release date of this NOTICE OF APPARENT
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237645A1.html
- degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Echonet Corporation, is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Communications Act of 1934, as amended.9 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237646A1.html
- degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, an $8,000 forfeiture is warranted. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Woodland Communications Corporation is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Sections 74.551(a)(2), 74.551(a)(3) and 74.561 of the Rules.9 14. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules10 within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237650A1.html
- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the statutory factors listed above, a $3,000 forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Entravision Communications Corporation, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.57 of the Rules.6 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237654A1.html
- may require.13 In applying Section 1.80(b)(4) of the Rules and the statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $8,000 is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Mr. Charles R. Meeker, is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Section 11.35 of the Commission's Rules and Regulations.14 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237655A1.html
- time, we are applying the base forfeiture specified in Section 1.80(b)(4) of the Rules for each of the three unauthorized frequency uses. Applying the statutory factors to the instant case, we find a total forfeiture in the amount of $12,000 is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Global Radio, Inc., is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violating Section 301 of the Act and Section 74.103 Commission's Rules.7 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237657A1.html
- may require.24 In applying Section 1.80(b)(4) of the Rules and the statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $15,000 is warranted. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Playa Del Sol Broadcasters, is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violating Sections 11.35, 11.61 and 73.1125 of the Commission's Rules.25 15. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237664A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.4 Considering the entire record and applying the factors listed above, this case warrants a $25,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Rules,6 Victory & Power Ministries, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willful violation of Sections 11.35(a), 73.49, and 73.3526(c) of the Rules by failing to maintain operational EAS equipment, failing to provide an effective locked fence enclosing the station's antenna tower,
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237666A1.html
- respect to the violator, the degree of culpability, and any history of prior offenses, ability to pay, and other such matters as justice may require.'' 9 Considering the entire record and applying the factors listed above, this case warrants a $2,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,10 and Sections 0.111, 0.311 and 1.80 of the Rules,11 Pearson Broadcasting of Mena, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for willful and repeated violation of Section 11.61 of the Rules by failing to conduct required weekly and monthly EAS tests. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237668A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.7 Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Best Country Broadcasting, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register its antenna structure with the Commission. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237669A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.4 Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Rules,6 Forrester ET AL, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of Section 73.49 of the Rules by failing to maintain an effective locked fence around the base of the station's antenna structure. 7. IT IS FURTHER ORDERED THAT, pursuant to
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237670A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.9 Considering the entire record and applying the factors listed above, this case warrants a $2,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,10 and Sections 0.111, 0.311 and 1.80 of the Rules,11 Chatterbox, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for willful and repeated violation of Section 11.61 of the Rules by failing to conduct required Weekly and Monthly EAS tests. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237671A1.html
- may require.6 In applying Section 1.80(b)(4) of the Rules and the statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $12,000 is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, PGA Tour, is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violating Sections 1.903(a), 90.403(e), and 90.425(a) of the Commission's Rules.7 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237672A1.html
- may require.17 In applying Section 1.80(b)(4) of the Rules and the statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $8,000 is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Desert Television LLC, is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Sections 11.35 and 11.61 of the Commission's Rules.18 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237677A1.html
- to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.8 Applying the Forfeiture Policy Statement and statutory factors to the instant case, we conclude a $4,000 forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act9 and Sections 0.111, 0.311 and 1.80 of the Rules, FTP Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violating Section 73.1745 of the Rules. 10 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF APPARENT
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237678A1.html
- to obtain a reissued license and to maintain a copy of the station's authorization at the station. Considering the evidence before us and applying the Forfeiture Policy Statement and statutory factors to the instant case, we conclude a $2,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Butterfield Broadcasting Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violating Section 73.3526(e)(1) of the Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF APPARENT
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237706A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants an $11,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Billy R. Autry is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand dollars ($11,000) for willful violation of Section 73.49 of the Rules by failing to provide an effective locked fence enclosing the station's antenna tower, and willful and repeated violation of Section 73.1745 of the Rules
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237707A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a $21,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Jesse C. Ross and Ernestine A. Ross are hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for willful violation of Sections 11.35(a) and 73.3526(c)(1) of the Rules and willful and repeated violation of Section 17.4(a) of the Rules by failing to maintain operational EAS equipment,
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237711A1.html
- Diego, California. ESI's unlicensed operation occurred on July 2, 1999. On July 14, 1999, the FCC San Diego Office issued ESI a warning about unlicensed station operation. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8.Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 ESI is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Act by operating radio transmission apparatus without a license. 9.IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237712A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.10 Considering the entire record and applying the factors listed above, this case warrants an $8,000 forfeiture. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,11 and Sections 0.111, 0.311 and 1.80 of the Rules,12 Commonwealth is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Sections 73.1125(a) and 73.1201(b) of the Rules by failing to maintain a presence at the main studio of WEXM during normal business hours and by failing to transmit its
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237713A1.html
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.10 Considering the entire record and applying the factors listed above, this case warrants $8,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,11 and Sections 0.111, 0.311 and 1.80 of the Rules,12 Sinclair is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Sections 73.1125(a) and 73.1201(b) of the Rules by failing to maintain a presence at the main studio of WROX during normal business hours and by failing to transmit its
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237714A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.7 Considering the entire record and applying the factors listed above, this case warrants a $25,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 NRVRP, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty- five thousand dollars ($25,000) for willful and repeated violation of Sections 11.35(a), 17.50 and 73.49 of the Rules for failing to maintain the operational readiness of its EAS equipment, for failing to maintain good visibility of its antenna
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237716A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Jorge L Estrada is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51 of the Rules by failing to exhibit all required red obstruction lighting from sunset to sunrise. 8. IT IS FURTHER ORDERED THAT, pursuant to Section
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237717A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Clamor Broadcasting Network Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register its antenna structure with the Commission. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237727A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.7 Considering the entire record and applying the factors listed above, this case warrants a forfeiture of $10,000. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Cumulus Licensing Corp. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.50 of the Rules by failing to clean and repaint its antenna structures to maintain good visibility. 11. IT IS FURTHER ORDERED THAT, pursuant to Section
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237728A1.html
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''7 Considering the entire record and the factors listed above, this case warrants an $8,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Northland Cable Properties VII, LP is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 76.605(a)(12) of the Rules and willful violation of Section 76.611(a)(1) of the Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237729A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the statutory factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Charter Communications, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register an antenna structure that requires notification to the Federal Aviation Administration. 8. IT IS FURTHER ORDERED THAT, pursuant
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237735A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Pamal Broadcasting Ltd. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.57 of the Rules by failing to notify the Commission of a change in ownership on antenna structure #1054493. 9. IT IS FURTHER ORDERED THAT, pursuant
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237736A1.html
- and with respect to the violator, the degree of culpability, any history or prior offenses, ability to pay, and other such matters as justice may require.''6 Considering the entire record, and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,8 Ashley is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules by failing to maintain good visibility of the required antenna structure obstruction markings. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237737A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Everald Oliver Brown is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act by operating radio transmitting equipment on the frequency 95.9 MHz without benefit of the required Commission authorization. 8. IT IS FURTHER ORDERED THAT, pursuant
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237738A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Patrick S. Green is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 the Act by operating a radio station without Commission authorization. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237739A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Daniel Clephar is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act by operating radio transmitting equipment on the frequency 92.7 MHz without benefit of the required Commission authorization. 7. IT IS FURTHER ORDERED THAT, pursuant to
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237740A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Tori Javier Lipscomb is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 the Act by operating a radio station without Commission authorization. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237742A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''4 Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Rules,6 Power Country, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of Section 73.49 of the Rules by failing to maintain an effective locked fence around the base of its AM antenna tower used at station WGRO. 7. IT IS FURTHER
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237743A1.html
- offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a $20,000 forfeiture based on Mr. Jackson's history of prior offenses and repeated violations after official warning. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Donald Donovan Jackson is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful and repeated violation of Section 301 the Act by operating a radio station without Commission authorization. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237744A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Lovelock is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act for operating radio transmitting equipment without the required Commission authorization. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237745A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $17,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Alexandre Pierre Abelard aka Abelard Pierre is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willful violation of Sections 301 and 303(n) of the Act by operating a radio station without Commission authorization and for failing to allow an inspection of his radio installation
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237746A1.html
- degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.10 Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $12,000 forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,11 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,12 Unocal is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violating Sections 17.4(g) and 17.23 of the Rules.13 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules,14 within thirty days of the release date of this NOTICE OF
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237754A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.7 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 East Texas Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.4(a) of the Rules and willful violation of Section 73.49 of the Rules by failing to register its antenna supporting structure and failing to provide
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237755A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Martin D. Marshall is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules by failing to clean or repaint the antenna structure as often as necessary to maintain good visibility of the antenna structure markings. 8. IT
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237756A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Joe E. Ramsey and John Ramsey d.b.a. Ramsey & Ramsey is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register its antenna supporting structure. 8. IT IS FURTHER ORDERED THAT, pursuant
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237757A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.10 Considering the entire record and applying the factors listed above, this case warrants a $25,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,11 and Sections 0.111, 0.311 and 1.80 of the Rules,12 Renaissance Radio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for failing to have operational EAS equipment, failing to exhibit red obstruction lighting from sunset to sunrise, and failing to provide an effective locked fence around the base of the radiating antenna. 12.
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237758A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.7 Considering the entire record and applying the factors listed above, this case warrants an $8,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Petracom of Texarkana, L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 11.35(a) of the Rules by failing to have EAS equipment installed and operational.. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237759A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Leon's Radio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules by failing to clean or repaint its antenna structure to maintain good visibility. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237767A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''6 Considering the entire record and applying the factors listed above, this case warrants a $12,000 forfeiture. IV. ORDERING CLAUSES. 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Scott E. Kamm is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for willful and repeated violation of Sections 97.101(d), 97.113(a)(4) and 97.119(a) of the Commission's Rules for causing intentional interference, broadcasting music and failing to identify with his station call sign. 9. IT IS
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237768A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.8 Considering the entire record and applying the factors listed above, this case warrants a $10,000.00 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,9 and Sections 0.111, 0.311 and 1.80 of the Rules,10 Professional Communications Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000.00) for willful and repeated violation of Section 17.51(a) of the Rules by failing to exhibit all red obstruction lighting from sunset to sunrise during the period of November 11-15, 2002, and on December
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237769A1.html
- upwards adjustment of the base forfeiture for unauthorized emissions from $4,000 to $8,000 is justified. Considering the entire record and applying the factors listed above, this case warrants an $18,000 forfeiture ($8,000 for unauthorized emissions and $10,000 for the public file violation). IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Union Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000.00) for willful and repeated violation of Sections 73.1745(a) and 73.3526(c) of the Rules by operating station KCTE at times and with power not authorized by the KCTE station authorization, and by failing to
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237770A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.4 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Rules,6 AAT Communications Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules by failing to repaint its antenna structure to maintain good visibility. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237771A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the statutory factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 The Helicon Group L.P. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules for failing to register its antenna structure. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237772A1.html
- preventing the required reduction of power at night. Based on these circumstances, an upwards adjustment of the base forfeiture amount from $4,000 to $6,000 is warranted. Considering the entire record and applying the factors listed above, this case warrants a $6,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Johnson Enterprises, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for willful and repeated violation of Section 73.1745(a) of the Rules and the terms of the KLEY station authorization for operating station KLEY overpower at night on seven separate dates. 9. IT IS
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237773A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a $2,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Falcon Cablevision D/B/A Charter Communications is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for willful and repeated violation of Section 11.61(a)(1) of the Rules by failing to conduct required monthly EAS tests. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237779A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.7 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Barnacle Broadcasting Company, Ltd. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51 of the Rules by failing to exhibit red obstruction lighting from sunset to sunrise on antenna structure 1063961 in Port Royal, South Carolina. 9.
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237781A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a forfeiture of $10,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Business Cell Systems is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51(b) of the Rules by failing to continuously exhibit medium intensity obstruction lighting during daylight hours. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237782A1.html
- and other such matters as justice may require.6 CB Radio has a history of violating the same provision that is the subject of this NAL. Considering the entire record and applying the statutory factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 CB Radio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register an antenna structure that requires notification to the Federal Aviation Administration. 8. IT IS FURTHER ORDERED THAT, pursuant
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237783A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Casey Network, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 73.49 of the Rules by failing to maintain effective AM tower fencing around the base of the antenna tower for WRFS. 7. IT IS FURTHER ORDERED
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237784A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.?6 Considering the entire record and applying the factors listed above, this case warrants a $5,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Palmetto Broadcasting Company, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for willful and repeated violation of Sections 11.61(a) and 17.4(a) of the Rules by failing to conduct EAS tests and by failing to register its antenna structure. 8. IT IS FURTHER ORDERED
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237785A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Wanda Doonan Trust is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.50 of the Rules by failing to clean or repaint the antenna structure as often as necessary to maintain good visibility of the antenna structure markings.
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237788A1.html
- portion of the required items in the public inspection file, a downward adjustment of the base forfeiture for that violation from $10,000 to $2,000 is warranted. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,13 and Sections 0.111, 0.311 and 1.80 of the Rules,14 Clinton Radio Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Sections 11.35(a) and 73.3526(c) of the Rules by failing to maintain operational EAS equipment and failing to make available all required contents of the public inspection file.
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237789A1.html
- file contained a portion of the required items, a downward adjustment of the base forfeiture amount for this violation from $10,000 to $4,000 is warranted. Considering the entire record and applying the statutory factors listed above, this case warrants a $4,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,9 and Sections 0.111, 0.311 and 1.80 of the Rules,10 Lebanon Educational Broadcasting Foundation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willful violation of Section 73.3527(c)(1) of the Rules, by failing to make available during regular business hours the complete public inspection file. 7. IT IS FURTHER ORDERED THAT, pursuant to Section
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237790A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Alliance Communications Partners, LP is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.50 of the Rules by failing to clean or repaint its antenna structure as often as necessary to maintain good visibility of the antenna structure
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237791A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''5 Considering the entire record and applying the factors listed above, this case warrants a $13,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Cornell College is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for willful and repeated violation of Section 73.1350(b)(2) of the Rules and willful violation of Section 73.3527(c) of the Rules by failing to failing to maintain transmitter control and failing to make available the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237792A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.7 Considering the entire record and applying the factors listed above, this case warrants a $9,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Air Paging Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of nine thousand dollars ($9,000) for willful and repeated violation of Sections 1.903(a), 90.403(f), and 90.425(a) of the Rules by failing to operate its Wireless Radio Station in accordance with the rules applicable to that service, continuously radiating
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237824A1.html
- may require. The record reveals that WSJM has a history of compliance. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a nineteen thousand dollar ($19,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act5 and Sections 0.111, 0.311 and 1.80 of the Rules6, WSJM, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand dollars ($19,000) for willful and repeated violation of 11.52(d), 11.61(a)(2)(i)(A), 17.4(a), 17.47(a)(1), 17.51(a), 73.1820(a)(1)(i), 73.1820(a)(1)(iii), and 73.1870(c)(3) of the Rules. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237825A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a twelve thousand dollar ($12,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules5, Ronald E. Sauer is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for willful and repeated violation of Sections 97. 101(d), 97.113(a)(4) and 97.119(a) of the Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty (30) days of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237834A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules7, Mexicana Car and Limousine Services is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willfully violating Section 90.403(a)(2) of the Commission's Rules. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237835A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules7, Rawlins Charles is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237836A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules7, Fernando Alejandro is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237837A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, this case warrants a forfeiture of $10,000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Crown Castle GT Company LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51(b) of the Rules by failing to continuously exhibit medium intensity obstruction lighting during daylight hours. 10. IT IS FURTHER ORDERED THAT, pursuant to
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237838A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''4 Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Rules,6 Radio Centre, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of Section 73.49 of the Rules by failing to maintain effective AM tower fencing around the base of the antenna tower for WAGC. 7. IT IS FURTHER ORDERED THAT, pursuant
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237839A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.''7 Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. Ordering Clauses 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 MCC Georgia LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000 for willful and repeated violation of Section 17.51 of the Commission's Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release of this NAL, MCC
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237841A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules7, Emmanuel Frederic is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237842A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Cablevision of Newark is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violations of Sections 11.61(a)(1)(iii) and 11.61(b) of the Commission's Rules. 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237843A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules7, Long Island Multimedia, LLC. is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violations of Sections 11.61(a)(2)(i)(A) and 11.61(b) of the Commission's Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237844A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act7 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules8, IW is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violations of Sections 11.61(a)(2)(i)(A), 11.61(a)(1)(i), and 11.61(b) of the Commission's Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237845A1.html
- such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,7 (``Act'') and Sections 0.111, 0.311 and 1.80 of the Rules,8 Cablevision is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violations of Sections 11.61(a)(1)(iii), 11.61(a)(2)(i)(B), and 11.61(b) of the Commission's Rules. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237846A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act5 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules6, Selvanto is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF APPARENT
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237847A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules7, Church is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willfully violating Section 90.403(a)(2) of the Commission's Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237848A1.html
- such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,6 (``Act'') and Sections 0.111, 0.311 and 1.80 of the Commission's Rules7, Time Warner is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violations of Sections 11.61(a)(2)(i)(B) and 11.61(b) of the Commission's Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237849A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules7, Hip Hop is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. 15. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237850A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Rules7, Joslyn Gordon is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willfully violating Section 90.403(a)(2) of the Commission's Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237851A1.html
- the transmitter that was operational on the unauthorized frequency of 31.320 MHz. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Rules7, Fransisco Peralta is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willfully violating Section 90.403(a)(2) of the Commission's Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237855A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended6, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules7, BLCI is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for operating station WHS405 at an unauthorized location, in violation of Section 74.532(e) of the Rules. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules8, within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237856A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 NYRS is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for its operation of station WPTM988 at an unauthorized location. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237857A1.html
- of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a fifteen thousand dollar ($15,000) is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6, and Sections 0.111, 0.311 and 1.80 of the Rules7, Urban Radio of Pennsylvania L.L.C. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollar ($15,000) for failing to make observations of the obstruction lighting on the WURP antenna structure on October 2, 2002 and October 3, 2002, in violation of Section 17.47(a)(1) of the Rules, failing
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237858A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a twelve thousand dollar ($12,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Statcom is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for its operation of two trunked radio systems at an unauthorized location and its operation of radio transmitting equipment on an unauthorized frequency. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237859A1.html
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act5, and Sections 0.111, 0.311 and 1.80 of the Rules6, Dominic DeNaples is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for operating radio communications equipment on an unauthorized frequency, in violation of Section 1.903(a) of the Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237860A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended7, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules8, Pentecostal is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for failing to make entries in the station logs, in violation of Section 11.35(a) of the Rules, failing to transmit the RMT, in violation of Section 11.61(a)(1)(v) of the Rules, and failing to transmit
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237881A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a one thousand dollar ($1,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Mega is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of one thousand dollars ($1,000) for its failure to maintain required records. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT LIABILITY, Mega SHALL
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237882A1.html
- any history of prior offenses, ability to pay, and other such matters as justice may require.7 Considering the entire record and applying Forfeiture Policy Statement and the factors listed above, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Northern Electric Cooperative is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful violation of Section 17.4(a) of the Rules, by failing to register the tower. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237907A1.html
- offenses, ability to pay, and other such matters as justice may require.5 Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a seven thousand dollar ($7,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Mega is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of Section 73.49 of the Rules by failing to provide effective locked fences for its antenna towers. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237908A1.html
- of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.10 Applying the Forfeiture Policy Statement and the statutory factors to the instant case, we believe that a seven thousand dollar ($7,000) monetary forfeiture is warranted. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules11, Great Northern Radio, L.L.C., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Sections 73.1125(a) of the Rules at station WVAY. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237913A1.html
- of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors listed above, and applying the inflation adjustments, we believe that a thirteen thousand dollar ($13,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act7, and Sections 0.111, 0.311 and 1.80 of the Rules8, Tennessee Gas Pipeline Company is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for willful and repeated violation of Sections 17.4(a) and 17.50 of the Commissions Rules. 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237914A1.html
- of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors listed above, and applying the inflation adjustments, we believe that a fifteen thousand dollar ($15,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act9, and Sections 0.111, 0.311 and 1.80 of the Rules10, North Country Repeaters is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willful and repeated violation of Sections 17.4(a), 17.4(g), and 17.50 of the Rules. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237916A1.html
- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 After applying the Forfeiture Policy Statement and the statutory factors to the instant case, we believe a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules,7 Ad-Venture Media, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to repaint the antenna structure as needed, in violation of Section 17.50. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237917A1.html
- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 After applying the Forfeiture Policy Statement and the statutory factors to the instant case, we believe a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules,7 Robert B. Taylor is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to clean or repaint the antenna structure as often as necessary to maintain good visibility, in violation of Section 17.50. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237918A1.html
- of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.6 After applying the Forfeiture Policy Statement and the statutory factors to the instant case, we believe a thirteen thousand dollar ($13,000) forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules,7 Mercury Broadcasting Company, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for failing to repaint the antenna structure as needed and failure to notify the Commission of change in ownership information, in violation of Sections 17.50 and 17.57. 10. IT IS FURTHER ORDERED
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237973A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act7 and Sections 0.111, 0.311 and 1.80 of the Rules8 Clay is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act. 13. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237974A1.html
- such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,8 (``Act'') and Sections 0.111, 0.311 and 1.80 of the Rules,9 Pacifica is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violations of Sections 11.61(a)(1)(i), 11.61(a)(2)(i)(A), and 73.1870(b)(3) of the Commission's Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237975A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that an eighteen thousand dollar ($18,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 JMK is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for willfully violating Sections 1.89, 73.49, and 73.1125(a) of the Rules. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-238353A1.html
- Phillips has a history of prior violations, and the over-power violation was egregious. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Phillips is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violating Sections 11.35(a), 11.52(d), 17.4(c), and 731560(a)(1) of the Rules. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-238358A1.html
- the ownership report were the only items missing from the public inspection file. Therefore, we assess the forfeiture amount for the public file violation at $2,500. Considering the entire record and applying the factors listed above, this case warrants a $2,500 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Community Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand five hundred dollars ($2,500) for willful and repeated violation of Section 73.3526(a)(2) of the Rules by failing to maintain a copy of the contour map and a copy of the current ownership report in the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-238364A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $4,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Rules,6 Neely is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for repeated violation of Section 73.1745(a) of the Rules for operating with unauthorized power. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-238365A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.12 Considering the entire record and applying the factors listed above, this case warrants a $21,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,13 and Sections 0.111, 0.311 and 1.80 of the Rules,14 RJM Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for willful and repeated violation of Sections 73.1125 and 73.1745(a) of the Rules, and willful violation of Section 73.3526(c)(1) of the Rules for failing to maintain a presence at its main studio, exceeding
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-238453A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.7 Considering the entire record and applying the factors listed above, this case warrants an $8,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 AT&T Broadband is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Sections 76.605(a)(12) and 76.611(a)(1) of the Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-238567A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $15,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Pittman Broadcasting Services, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willful violation of Sections 11.35(a) and 73.49 of the Rules by failing to maintain operational Emergency Alert System (``EAS'') equipment and failing to provide an effective locked fence enclosing the station's
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-238568A1.html
- require.5 Since there are six antenna structures involved in this case and a lengthy period of continuous violation, we are increasing this forfeiture amount by $1,500. Considering the entire record and applying the factors listed above, this case warrants a $4,500 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Tecnet, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand five hundred dollars ($4,500) for willful and repeated violation of Section 17.57 of the Rules by failing to immediately notify the Commission of a change in ownership of antenna structures. 8. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-238569A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.4 Considering the entire record and applying the factors listed above, this case warrants a $17,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Rules,6 Marion R. Williams is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willful violation of Sections 73.49 and 73.3526(c)(1) of the Rules by failing to enclose the station's antenna tower within an effective locked fence or other enclosure and failing to make the station's
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-238675A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''5 Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Metropolitan Radio Group of Florida, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of Section 73.49 of the Rules by failing to maintain an effective locked fence around the base of its antenna towers. 7. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-238742A1.html
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules (``Rules'')7 Cell Page is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-238985A1.html
- and with respect to the violator, the degree of culpability, any history or prior offenses, ability to pay, and other such matters as justice may require.''6 Considering the entire record, and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,8 Ashley is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules by failing to maintain good visibility of the required antenna structure obstruction markings. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-238986A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Brian N. Bloom is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act by operating radio transmitting equipment on the frequency 93.9 MHz without benefit of the required Commission authorization. 8. IT IS FURTHER ORDERED THAT, pursuant
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-238987A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Omar A. Ebanks is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act by operating radio transmitting equipment on the frequency 93.9 MHz without benefit of the required Commission authorization. 8. IT IS FURTHER ORDERED THAT, pursuant
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-238988A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Lovelock is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act for operating radio transmitting equipment without the required Commission authorization. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-238989A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.12 Considering the entire record and applying the factors listed above, this case warrants a $21,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,13 and Sections 0.111, 0.311 and 1.80 of the Rules,14 RJM Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for willful and repeated violation of Sections 73.1125 and 73.1745(a) of the Rules, and willful violation of Section 73.3526(c)(1) of the Rules for failing to maintain a presence at its main studio, exceeding
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-238990A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $17,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Ward F. Dean is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willful violation of Sections 301 and 303(n) of the Act by operating a radio station without Commission authorization and by failure to allow an inspection of his radio station. 7. IT IS
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-238991A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.7 Considering the entire record and applying the factors listed above, this case warrants an $8,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Suwannee Cable TV is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Sections 76.605(a)(12) and 76.611(a)(1) of the Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-239072A1.html
- such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,7 (``Act'') and Sections 0.111, 0.311 and 1.80 of the Commission's Rules8, US Cable is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violations of Sections 11.61(a)(1)(iii), 11.61(a)(2)(i)(B), and 11.61(b) of the Commission's Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-239074A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.11 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,12 and Sections 0.111, 0.311 and 1.80 of the Rules,13 Media General is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51 of the Rules by failing to exhibit obstruction lighting on antenna structure 1058894. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-239292A1.html
- for each of the two instances of failure to register its antenna structures, we find no compelling evidence to support any adjustments to the base forfeiture amount. Thus, we believe that a total forfeiture amount of six thousand dollars ($6,000) is warranted. IV. ORDERING CLAUSE 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules8, FrontierVision Operating Partners, L. P. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for willful and repeated violation of Section 17.4(a) of the Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-239919A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 William Davon Upson is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act by operating radio transmitting equipment on the frequency 91.7 MHz without benefit of the required Commission authorization. 8. IT IS FURTHER ORDERED THAT, pursuant
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-239920A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''5 Considering the entire record and applying the factors listed above, this case warrants a $2,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Gore-Overgaard. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for repeated and willful violation of Section 11.52(d) of the Rules by failing to monitor its assigned EAS sources. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-240647A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.?9 Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act10 and Sections 0.111, 0.311 and 1.80 of the Rules,11 Twenty-One Sound Communications, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 73.1125(a) of the Rules for failure to maintain a presence at the KKAC main studio. 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-242441A1.html
- and with respect to the violator, the degree of culpability, any history or prior offenses, ability to pay, and other such matters as justice may require.''6 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Vector Communications, Inc. d/b/a WCFI, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51(a) of the Rules by failing to exhibit all required obstruction lighting on structure 1217391 in Ocala, Florida. 11. IT IS FURTHER ORDERED
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-242442A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''5 Considering the entire record and applying the factors listed above, this case warrants a $25,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Blountstown . is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty- five thousand dollars ($25,000) for willful violation of Sections 11.35, 73.49 and 73.3526(c) of the Rules by failing to ensure that their EAS equipment was operational, failure to enclose the base of the tower with a fence
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-242619A1.html
- any history of prior offenses, ability to pay, and other such matters as justice may require.8 After applying the Forfeiture Policy Statement and the statutory factors to the instant case, we believe that a sixteen thousand dollar ($16,000) monetary forfeiture is warranted. IV. Ordering Clauses 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules,9 WLTH Radio, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for failure to register the antenna structure, failure to notify the FAA of a tower light outage, and failure to exhibit red obstruction lighting in violation of Sections 17.4(a), 17.48(a), and 17.51(a). 11.
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-242620A1.html
- base amount of Comcast's violation of $3,000 for failure to register its antenna structure, we find no compelling evidence to support any adjustments to the base forfeiture amount. Thus, we believe that a forfeiture amount of three thousand dollar ($3,000) is warranted. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules9, Comcast Cablevision of Michigan, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty (30) days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-242621A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Ivette is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 1.903(a) of the Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-242622A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Star is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 1.903(a) of the Rules. 13. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-242623A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Forest is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 1.903(a) of the Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF APPARENT
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-242624A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a two thousand dollar ($2,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules8, Time Warner is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for willful and repeated violations of Sections 11.61(a)(1)(iii) and 11.61(a)(2)(i)(B) of the Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-242819A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.11 Considering the entire record and applying the factors listed above, this case warrants a $25,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,12 and Sections 0.111, 0.311 and 1.80 of the Rules,13 Paulino Bernal Evangelism, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willful violation of Sections 73.1125, 11.35(a), and 73.3527(c)(1) of the Rules for failing to maintain a main studio in the community of license, have EAS Encoders, EAS Decoders and Attention Signal
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-242821A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.9 Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,10 and Sections 0.111, 0.311 and 1.80 of the Rules,11 SM Radio, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of Section 73.1125 of the Rules for failing to maintain a main studio in the community of license. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-243041A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Louisa is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation Section 17.4(a)(2) of the Rules by failing to register an existing antenna structure that had been assigned painting or lighting requirements prior to July 1, 1996. 8. IT IS FURTHER
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-243042A1.html
- such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a six thousand dollar ($6,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,7 (``Act'') and Sections 0.111, 0.311 and 1.80 of the Rules8, Kimtron is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for willful and repeated violations of Sections 11.35(a), 11.61(a)(1)(i), and 11.61(a)(2)(i)(A) of the Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-243043A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Citadel Broadcasting Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 73.49 of the Rules by failing to enclose the station's antenna towers within effective locked fences or other enclosures. 9. IT IS FURTHER ORDERED THAT, pursuant
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-243467A1.html
- respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.7 Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $12,000 forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,8 Portland Taxicab Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violating Sections 1.903(a), 90.210, 90.403(e), and 90.425(a) of the Commission's Rules.9 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-243468A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.13 Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,14 and Sections 0.111, 0.311 and 1.80 of the Rules,15 Redwood Family Services, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register its antenna structure with the Commission.16 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-244158A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Rules7 Eagle Broadcasting, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for repeated violation of Section 17.4(a) of the Rules by failing to register its three antenna structures with the Commission. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-244159A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.''8 Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. Ordering Clauses 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act9 and Sections 0.111, 0.311 and 1.80 of the Rules,10 Exosphere Broadcasting, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000 for willful and repeated violation of Sections 17.50 and 17.51 of the Commission's Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-244160A1.html
- degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, an $8,000 forfeiture is warranted. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Rainbow Honolulu is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 1.903(a) of the Rules.9 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-244165A1.html
- management presence was a continuous violation. However, the licensee did maintain some part time management presence and did have a public file with some required documents. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,12 and Sections 0.111, 0.311 and 1.80 of the Rules,13 The Moody Bible Institute of Chicago is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000.00) for willful and repeated violation of Section 73.1125(a) of the Rules by failing to maintain a full time management presence at its main studio and for willful violation of Section
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-244166A1.html
- excessive power at night and an improper directional pattern at night, we believe that, in this case, both violations are related to the same action. Therefore, considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 WFNO, L.L.C., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 73.1745 of the Rules by operating at time, or with modes or power, other than that specified on the station authorization. 9. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-244167A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.8 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,9 and Sections 0.111, 0.311 and 1.80 of the Rules,10 Fritzner Simon is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Act by operating radio transmitting equipment on the frequency 102.1 MHz and also on 87.9 MHz without benefit of the required Commission authorization. 10.
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-244168A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Billy Thomas Alsbrooks is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act by operating radio transmitting equipment on the frequency 91.3 MHz without benefit of the required Commission authorization. 8. IT IS FURTHER ORDERED THAT, pursuant
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-244169A1.html
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Jason T. Green is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 the Act by operating radio transmitting equipment on the frequency 91.9 MHz without benefit of the required Commission authorization. 8. IT IS FURTHER ORDERED THAT, pursuant to
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-244170A1.html
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Gary M. Feldman is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 the Act by operating radio transmitting equipment on the frequency 91.9 MHz without benefit of the required Commission authorization. 8. IT IS FURTHER ORDERED THAT, pursuant to
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-244895A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a twenty two thousand dollar ($22,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 JMK is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($22,000) for willfully violating Sections 11.35(a), 73.1745(a), 73.3526(e)(5) and 73.3526(e)(12) of the Rules. 15. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-244896A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules7, L.A.C.A. is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act. 15. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-244897A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act ,6 and Sections 0.111, 0.311 and 1.80 of the Rules7, Capital Media is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willful and repeated violations of Sections 11.35(a) and 11.61(b) of the Commission's Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-244898A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,6 (``Rules'') Best Wok is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for operating radio-transmitting equipment on the frequency 145.8376 MHz without a license. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-244899A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.7 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Rony Richard Louis is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Act by operating radio transmitting equipment on the frequency 89.5 MHz without benefit of the required Commission authorization. 12. IT IS FURTHER ORDERED
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-244900A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants an $18,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Rama Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for failure to have the EAS transmitting functions available during times the station is in operation, and failure to make available for inspection the complete public inspection file. 10. IT IS FURTHER ORDERED
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-244974A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a three thousand dollar ($3,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules8, Crystal is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violations of Sections 11.61(a)(2)(i)(A) and 73.1820(a)(1)(C)(iii) of the Commission's Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-244975A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules7, Parkway is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act. 13. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-244979A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants an $8,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 WBLB is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for repeated violation of Section 11.35(a) of the Rules by failing to have its EAS transmitting functions available during times the station is in operation. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-244980A1.html
- and with respect to the violator, the degree of culpability, any history or prior offenses, ability to pay, and other such matters as justice may require.''7 Considering the entire record and applying the factors listed above, this case warrants a $13,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 WGUL-FM, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for willful and repeated violation of Sections 17.51(a) and 17.57 of the Rules by failing to exhibit obstruction lighting on structure 1027884 and failing to immediately notify the Commission upon any change in ownership
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-244981A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.''5 Considering the entire record and applying the factors listed above, this case warrants a $7,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Metropolitan Radio Group, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for repeated and willful violation of Section 73.49 of the Rules by failing to maintain an effective locked fence around the base of its AM antenna towers used by station WBRD. 8.
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-244982A1.html
- degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $2,000 forfeiture is warranted IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Big Island Radio, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violations of Sections 11.35(a) and 11.61 of the Rules.14 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-244983A1.html
- may require.11 In applying Section 1.80(b)(4) of the Rules and the statutory factors to the instant case, we find no compelling evidence to support any adjustments to the base forfeiture amounts. Therefore, a total forfeiture in the amount of $10,000 is warranted. IV. Ordering Clauses 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Michael David Oaks is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act.12 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-245203A1.html
- not a minor violation, the record reveals that West Harbor has an overall history of compliance. Applying the Policy Statement and the adjustment criteria to the instant case, we believe that a one thousand one hundred dollar ($1,100) monetary forfeiture is warranted. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 506(a) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Rules7, West Harbor Towing is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of one thousand one hundred dollars ($1,100) for willfully and repeatedly violating the Great Lakes Agreement and Sections 80.953(a) and 80.953(b) of the Commission's Rules. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-245204A1.html
- portion of the required items in the public inspection file, a downward adjustment of the base forfeiture for that violation from $10,000 to $2,000 is warranted. Considering the entire record and applying the factors listed above, this case warrants a $9,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,14 and Sections 0.111, 0.311 and 1.80 of the Rules,15 Citadel Broadcasting Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of nine thousand dollars ($9,000) for willful and repeated violation of Sections 73.1125(a) and 73.3526(c)(1) of the Rules by failing to maintain a presence at the station's main studio and failing to make available for inspection all required
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-245205A1.html
- portion of the required items in the public inspection file, a downward adjustment of the base forfeiture for that violation from $10,000 to $2,000 is warranted. Considering the entire record and applying the factors listed above, this case warrants a $6,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 First Media is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for willful and repeated violation of Sections 73.1560(a)(1) and 73.3526(c)(1) of the Rules by operating in excess of authorized power at WWDR and by failing to make available for inspection a complete public inspection
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-245206A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 AT&T Wireless is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.51(b) of the Rules by failing to exhibit tower lights on structure 1030401. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-245208A1.html
- with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.6 Considering the entire record and applying the statutory factors listed above, this case warrants a $3,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the Rules,8 Florida Food Products, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand ($3,000) for willful and repeated violation of Section 17.4(a) of the Commission's Rules by failing to register its antenna structure. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-246119A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.8 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,9 and Sections 0.111, 0.311 and 1.80 of the Rules,10 EICB-TV, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 73.3526(c)(1) of the Rules by failing to make available for inspection all of the required material in the station's public inspection file. 10. IT IS FURTHER ORDERED
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-246120A1.html
- degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, an $8,000 forfeiture is warranted.12 IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, O'Hana Radio Partners, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Sections 11.35(a) of the Rules.13 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-246121A1.html
- gravity, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, we believe that an eleven thousand dollar ($11,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 18. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Daniel Granda is hereby NOTIFIED of this APPARENT LIABILITY FOR FORFEITURE in the amount of twelve thousand dollars ($11,000) for willful and repeated violations of Section 308(b) and Section 333 of the Communications Act of 1934, as amended, Section 97.101(b) and Section 97.101(d) of the Commission's Rules.12 19. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-246122A1.html
- as justice may require.''13 Considering the entire record and applying the factors listed above, a $2000 forfeiture is warranted for station KTPI(AM) and a $2000 forfeiture is warranted for co-located FM stations KTPI and KOSS, resulting in a total forfeiture of $4,000. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Concord Media Group of California, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for repeated violation of Sections 11.35(a) and 11.61(a)(2) of the Rules by failing to conduct required weekly EAS tests.14 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-246123A1.html
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Considering the entire record and applying the factors listed above, a $20,000 forfeiture is warranted. IV. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Stanley Mark Mayo is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful and repeated violation of Section 301 of the Act for operating radio transmitting equipment without the required Commission authorization.14 17. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-246124A1.html
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.12 Considering the entire record and applying the factors listed above, this case warrants a $3,000 forfeiture. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,13 and Sections 0.111, 0.311 and 1.80 of the Rules,14 Dead Air Broadcasting Company, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register its antenna structure with the Commission.15 16. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-246336A1.html
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.7 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Wilner Simon is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 the Act by operating radio transmitting equipment on the frequency 87.6 MHz without benefit of the required Commission authorization. 10. IT IS FURTHER ORDERED THAT, pursuant
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-246337A1.html
- to the violator, the degree of culpability, and any history of prior offenses, ability to pay, and other such matters as justice may require.''11 Considering the entire record and applying the factors listed above, a $2000 forfeiture is warranted for station KHIZ(TV). IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Sunbelt Television, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for repeated violation of Sections 11.35(a) and 11.61(a)(1) of the Rules by failing to conduct required monthly EAS tests.12 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-246338A1.html
- to the violator, the degree of culpability, and any history of prior offenses, ability to pay, and other such matters as justice may require.''12 Considering the entire record and applying the factors listed above, a $2000 forfeiture is warranted for stations KIQQ-AM/FM. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Moon Broadcasting Riverside, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for repeated violation of Sections 11.35(a), 11.61(a)(1) and 11.61(a)(2) of the Rules by failing to conduct required monthly and weekly EAS tests.13 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-248150A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a seventeen thousand dollar ($17,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6, and Sections 0.111, 0.311 and 1.80 of the Rules7, Verizon is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willfully violating Sections 17.48, 17.49, 17.51, and 17.57 of the rules. 18. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-248151A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a five thousand dollar ($5,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6, and Sections 0.111, 0.311 and 1.80 of the Rules7, Jarad is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for willful and repeated violation of Section 73.1350(a) of the Rules. 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-248152A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a five thousand dollar ($5,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6, ,and Sections 0.111, 0.311 and 1.80 of the Rules7, Jarad is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for willful and repeated violation of Section 73.1350(a) of the Commission's Rules. 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-248153A1.html
- history of prior offenses, ability to pay, and other such matters as justice may require.16 Considering the entire record and applying the factors listed above, we conclude a forfeiture in the amount of $10,000 is appropriate. . IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, A-O Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act.17 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-248244A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a seven thousand dollar ($7,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Beacon Broadcasting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 73.49 of the Rules by failing to enclose the station's antenna towers within effective locked fences or other enclosures. 9. IT IS FURTHER ORDERED THAT, pursuant
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-248245A1.html
- adjustments to the base amount of Paladen's violation of $7,000 for marketing unauthorized equipment, we find no compelling evidence to support any adjustments to the base forfeiture amount. Thus, we believe that a forfeiture amount of seven thousand dollars ($7,000) is warranted. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b)9 of the Act and Sections 0.111, 0.311 and 1.80 of the Rules10, Paladen Communications a/k/a CB Shop, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 302(b) of the Act and Sections 2.815(b) and 2,815(c) of the Rules. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-248246A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a ten thousand dollar ($10,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules7, Angel Avena. is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act. 13. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-248247A1.html
- to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.16 Applying the Forfeiture Policy Statement and the statutory factors, an $8,000 forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Mallard Cablevision, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Sections 76.605(a)(12) and 76.611(a)(1) of the Rules.17 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-248248A1.html
- Statement and statutory factors to the instant case, we conclude an $8000 forfeiture is warranted for KOBB-FM and an $8000 forfeiture is warranted for KZLO-FM. In total, we find that a $16,000 forfeiture is warranted for RBC, licensee of KOBB-FM and KZLO-FM. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act20 and Sections 0.111, 0.311 and 1.80 of the Rules, Reier Broadcasting Company Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for violating Sections 73.1350(a) and 73.1560(b) of the Rules.21 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-248613A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules7, Caprice is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willful and repeated violations of Section 1.903(a) of the Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this NOTICE OF
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-248614A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Andrews Tower Rental, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 17.50 of the Rules by failing to clean and repaint its antenna structure to maintain good visibility. 9. IT IS FURTHER ORDERED that, pursuant to
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-248615A1.html
- portion of the required items in the public inspection file, a downward adjustment of the base forfeiture for that violation from $10,000 to $3,000 is warranted. Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act,19 and Sections 0.111, 0.311 and 1.80 of the Rules,20 HQ-103, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Sections 73.1125(a) and 73.3526(c)(1) of the Rules for failing to maintain a presence at the station's main studio and failing to make available for inspection all of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-249189A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.9 Considering the entire record and applying the factors listed above, this case warrants an $18,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act,10 and Sections 0.111, 0.311 and 1.80 of the Rules,11 The Paradise Network is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for willful and repeated violation of Sections 11.35 and 73.3526(c)(1) of the Rules by failing to install and maintain required EAS equipment and by failing to have available for inspection the complete public
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-249273A1.html
- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.7 Applying the Forfeiture Policy Statement and the statutory factors, we conclude that a $3,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Ackerley Media Group, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violations of Section l7.57 of the Rules.8 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-249274A1.html
- the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.21 Applying the Forfeiture Policy Statement and the statutory factors, we conclude that a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, New Northwest Broadcasters LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section l7.23 of the Rules.22 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-250101A1.html
- in the public inspection file, a downward adjustment of the base forfeiture for that violation from $10,000 to $8,000 is warranted. Considering the entire record and applying the factors listed above, this case warrants a $20,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended,12 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,13 Jason Konarz is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful and repeated violation of Sections 11.35(a), 73.1745(a) and 73.3526(c) of the Rules by for failing to maintain operational Emergency Alert System equipment, operating with excessive power and then failing to discontinue
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-250102A1.html
- to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.8 Considering the entire record and applying the factors listed above, this case warrants a $15,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act, as amended,9 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,10 Delta Radio Greenville, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willful and repeated violation of Sections 11.35(a) and 73.49 of the Rules by failing to maintain operational EAS equipment and failing to maintain effective fencing around its antenna structure. 9.
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-250390A1.html
- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.14 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $7,000 forfeiture is warranted. IV. ORDERING CLAUSES 1.9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Farmworker Educational Radio Network Inc., is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violating Section 73.1125(a) and (e) of the Commission's Rules.15 1.10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-251489A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.7 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $4,000 forfeiture is warranted. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Prolink Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 1.903(a) of the Rules.8 7. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-251831A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.6 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Snow Hill is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Sections 73.3526(e)(6), 73.3526(e)(8), 73.3526(e)(9) and 73.3526(e)(12) of the Rules.7 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-252185A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.11 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $16,000 forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Venture Technologies Group. LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for violations of Section 1.903(a) of the Rules.12 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-252523A1.html
- warrants the proposed forfeiture amount of $10,000. Accordingly, applying the Forfeiture Policy Statement, Section 1.80, and statutory factors to the instant case, we conclude that Capstar, licensee of KIKI- FM, is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 19. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's Rules, Capstar TX Limited Partnership, licensee of station KIKI-FM is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 1.1310 of the Rules. 30 20. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-252867A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.20 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Lotus Communication Corp. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Sections 17.21(a), 17.47, 17.48 and 17.49 of the Rules.21 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-252868A1.html
- culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.14 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, a $2,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Morongo Basin Broadcasting Corporation, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violations of Sections 11.35(a) and 11.61 of the Rules.15 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-252869A1.html
- and history of prior offenses, ability to pay, and other such matters as justice may require. 15 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, a $2,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Three D Radio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violation of Sections 11.35(a) and 11.61 of the Rules.16 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-253039A1.html
- any history or prior offenses, ability to pay, and other such matters as justice may require.''6 Considering the entire record and applying the factors listed above, we conclude that Shadavrus is apparently liable for a $3,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended,7 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,8 Shadavrus Capital Trust, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.57 of the Rules by failing to notify immediately the Commission upon a change in ownership information. 7. IT IS FURTHER ORDERED that, pursuant
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-253692A1.html
- degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors to the instant case, a $2,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Hi- Favor Broadcasting, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violations of Sections 11.35(a), and 11.61(a)(2) of the Rules.14 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-254256A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.6 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Jean L. Senatus is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act.7 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-254257A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.7 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Lou Gentile is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act.8 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-254542A1.html
- degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, an eleven thousand dollar ($11,000) monetary forfeiture is warranted. IV.ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act6, and Sections 0.111, 0.311 and 1.80 of the Rules7, M.B. Communications Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand dollars ($11,000) for willful and repeated violations of Sections 73.49, 73.1560(a)(1), and73.1745(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-254543A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $15,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Clamor Broadcasting Network Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willful and repeated violation of Section 11.35 and 73.1125 of the Rules by failing to install the required EAS equipment and failure to maintain the station's studio within the community of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-254544A1.html
- operations on the restricted frequency have been ongoing for many months and continued into October, 2004. Considering the entire record and applying the factors listed above, we conclude a forfeiture in the amount of $20,000 is appropriate. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Raimundo P. Silva is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of Section 301 of the Act.20 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-255040A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants an $8000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 Southern Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8000) for willful and repeated violation of Section 11.35 of the Rules by failing to have installed EAS transmitting and monitoring capabilities. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-255042A1.html
- and a prior NAL and Forfeiture Order, Gerritsen's radio operations have been ongoing for several months. Considering the entire record and applying the factors listed above, we conclude a forfeiture in the amount of $21,000 is appropriate. IV. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Jack Gerritsen is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for violations of Section 333 of the Act.30 18. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-255233A1.html
- fax with a similar statement and request. However, the continuing nature of TCB's overpower operation does not warrant a reduction of monetary forfeiture. Thus, considering the entire record and applying the statutory factors listed above, this case warrants a forfeiture of $4,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the Rules,7 TCB is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars for willful and repeated violation of Section 73.1745(a) of the Rules by failing to reduce power at sunset and by failing to limit power before sunrise. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-255235A1.html
- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.9 Considering the entire record and applying the factors listed above, this case warrants a $21,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended,10 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,11 Halifax Christian Community Church, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for willful and repeated violation of Sections 11.35, 73.840, 73.845, and 73.1660(a)(2) of the Rules by failing to install and maintain required EAS equipment and operating overpower with a non-certified
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-255236A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.10 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $6,000 forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, ACS Wireless is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for violations of Section 17.57 of the Rules.11 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-255237A1.html
- the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.21 Appling the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $13,000 forfeiture is warranted. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Rules,22 American Radio Brokers, Inc. d/b/a Radio Station KFFR 1020 is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for willful and repeated violation of Section 303(q) of the Act and Sections 17.51(a) and 17.48(a) of the Rules by failing to maintain and exhibit red obstruction
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-255238A1.html
- violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.18 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $24,000 forfeiture is warranted. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, that Chester P. Coleman c/o American Radio Brokers, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-four thousand dollars ($24,000) for willful and repeated violation of Sections 73.1125(a) and (e), 73.1740(a)(1) and 73.1745(b) of the Rules by failing to maintain, in both stations cases, a main studio,
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-255477A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.10 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $3,000 forfeiture is warranted. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Gary M. Schikora and the George Horner Trust are hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violations of Section 17.57 of the Rules.11 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-255478A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.8 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $7,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Butterfield Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules.9 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-255966A1.html
- and statutory factors to the instant case, we conclude that it is appropriate to increase the base forfeiture amount for Entravision's apparent violations. Therefore, we find Entravision apparently liable for a forfeiture in the amount of $25,000. IV. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended,21 and Sections 0.111, 0.311, and 1.80 of the Commission's Rules,22 Entravision Holdings, LLC, licensee of station WVEA-LP, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willful and repeated violation of Section 1.1310 of the Rules by failing to comply with general population and occupational radio frequency radiation maximum permissible exposure limits. 18.
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-255967A1.html
- and statutory factors to the instant case, we conclude that it is appropriate to increase the base forfeiture amount for Infinity's apparent violations. Therefore, we find Infinity apparently liable for a forfeiture in the amount of $20,000. IV. ORDERING CLAUSES 19. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended,22 and Sections 0.111, 0.311, and 1.80 of the Commission's Rules,23 Infinity Broadcasting of Florida, licensee of station WQYK-FM, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful and repeated violation of Section 1.1310 of the Rules by failing to comply with general population and occupational radio frequency radiation maximum permissible exposure limits.
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-255968A1.html
- of the safety violation warrants the proposed forfeiture amount of $10,000. Accordingly, applying the Forfeiture Policy Statement, Section 1.80, and statutory factors to the instant case, we conclude that Cumulus is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's Rules, Cumulus Licensing, LLC, licensee of KEKB(FM), KBKL(FM) and KMXY(FM), is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 1.1310 of the Rules.32 16. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-256119A1.html
- history of prior offenses, ability to pay, and other such matters as justice may require.11 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a seventeen thousand dollar ($17,000) forfeiture is warranted. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,12 Source is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willful and repeated violations of Sections 17.4(a), 17.51(a) of the Rules and for willful and repeated failure to respond to a Commission order. 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-256120A1.html
- is liable for the entire base amount for its violation of the main studio requirements. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we conclude that Alpine is apparently liable for a $7,000 forfeiture. IV. ORDERING CLAUSES 1.7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Alpine Broadcasting Limited Partnership, is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violating Section 73.1125(a) of the Commission's Rules.14 1.8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-256484A1.html
- for emergency communications, despite repeated warnings and requests to vacate the frequency. Considering the entire record and applying the factors listed above, we conclude that Gerritsen is apparently liable for a forfeiture in the amount of $21,000. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Jack Gerritsen is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for violations of Sections 321(b) and 333 of the Act.14 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-256485A1.html
- ability to pay, and other such matters as justice may require.14 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we conclude that Lazer is apparently liable for a forfeiture in the amount of $8,000. IV. ORDERING CLAUSES 1.10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Lazer Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Section 11.35 of the Commission's Rules.15 1.11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-256582A1.html
- Public Inspection File, so that members of the public, like the Complainants, may view it. Because we have already begun enforcement action against Visionary for its apparent violation of the Commission's RFR Rules, we dismiss the Complaint. IV. ORDERING CLAUSES 20. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Visionary Related Entertainment L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 1.1310 of the Rules.39 21. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-256583A1.html
- of prior offenses, ability to pay, and other such matters as justice may require.9 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we find that Mollenido is apparently liable for a forfeiture of $10,000. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Jose A. Mollinedo is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act.10 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-257047A1.html
- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended,7 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,8 Samuel E. Dacres is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, by operating an FM radio transmitter without a license. 9. IT IS FURTHER ORDERED that, pursuant
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-257048A1.html
- any history of prior offenses, ability to pay, and other such matters as justice may require.6 Considering the entire record and applying the factors listed above, we conclude that WBLT is apparently liable for a $3,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended,7 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,8 WBLT is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules by failing to register its antenna structure. 7. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-257373A1.html
- of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.7 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, an eight thousand dollar ($8,000) forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, L F Driscoll Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 1.903(a) of the Rules.8 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-257374A1.html
- other such matters as justice may require.13 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Guerrero is apparently liable for a forfeiture in the amount of $8,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Rafael C. Guerrero is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 11.35 of the Rules.14 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-257559A1.html
- in Section 503(b)(2)(D) of the Act, and the upward adjustment criteria in the Forfeiture Policy Statement, we find that an upward adjustment of the base forfeiture amount to six thousand dollars ($6,000) is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,11 Forsberg is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for willful and repeated violation of Section 17.4(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-257560A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.6 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $4,000 forfeiture is warranted. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Classic Car Service is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 1.903(a) of the Rules.7 16. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-257948A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.6 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Universal Network Television, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act.7 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-257949A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.8 Considering the entire record and applying the factors listed above, the case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended,9 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,10 Pembroke Square Associates is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for repeated violation of Section 301 of the Act by operating a radio transmitter without a license. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules,11 within
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-258044A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.9 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act,10 and Sections 0.111, 0.311 and 1.80 of the Rules,11 Scottie E. Kennedy is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act by operating an unlicensed transmitter on 157.025 MHz. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-258045A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.9 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act,10 and Sections 0.111, 0.311 and 1.80 of the Rules,11 Danny R. McKinney is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act by operating an unlicensed transmitter on 156.325 MHz. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-258046A1.html
- of prior offenses, ability to pay, and other such matters as justice may require.17 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we find that AMFM Ohio is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, AMFM Ohio, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Sections 17.21(a), 17.47, 17.48 of the Rules.18 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-258186A1.html
- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.5 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended,6 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,7 Mega Communications of St. Petersburg Licensee, L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.21 of the Rules by failing to comply with the painting and lighting requirements for three antenna structures. 8. IT IS FURTHER ORDERED
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-258187A1.html
- antenna structures were incapable of being lit. Accordingly, we believe an upward adjustment to $20,000 is appropriate for the lighting violation. Considering the entire record and applying the factors listed above, this case warrants a $20,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Vector Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful and repeated violation of Section 17.51(a) of the Rules.7 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-258870A1.html
- to pay, and other such matters as justice may require.6 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Bee Taxi is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Bee Taxi Corporation, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act.7 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-258871A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.7 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $4,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, WTMR License Limited Partnership is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.1745(a) of the Rules.8 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-258872A1.html
- the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.'' Considering the entire record and applying the statutory factors listed above, this case warrants a $25,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended,18 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,19 Twenty-One Sound Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty five thousand dollars ($25,000) for willful and repeated violation of Sections 11.35, 73.1125, and 73.3526 of the Rules, by failing to maintain operational EAS equipment, failing to maintain a main studio, and failing to
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-258873A1.html
- ability to pay, and other such matters as justice may require.8 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Loflin is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, David M. Loflin is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willful and repeated violation of Section 73.1350(a) of the Rules.9 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-258874A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.10 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act,11 and Sections 0.111, 0.311 and 1.80 of the Rules,12 Jeremy R. Riels is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act by operating an unlicensed transmitter on 156.875 MHz. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-258875A1.html
- ability to pay, and other such matters as justice may require.12 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we find that Bustos is apparently liable for a $4,000 forfeiture. III. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Bustos Media Holdings of Oregon, LLC., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.1745(a) of the Rules.13 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-259063A1.html
- ability to pay, and other such matters as justice may require.15 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Hightech is apparently liable for a $7,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended,16 and Sections 0.111, 0.311 and 1.80 of the Rules,17 Hightech CB Shop IS hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 302(b) of the Act and Section 2.803(a) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-259158A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.6 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $4,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Ingstad Brothers Broadcasting, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.1560(a) of the Rules.7 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-259409A1.html
- 47 U.S.C. 303(n) Both Section 303(n) of the Act, and the Rules which implement the Act, grant the right to inspect most radio operations to the Commission, and by delegated authority to the Commission's Bureaus and agents. The Enforcement Bureau conducts inspections of radio installations as part of the Bureau's function to "[e]nforce the Commission's Rules and Regulations." 47 CFR 0.111(a). Both licensees and non-licensees must allow an FCC Agent to inspect their radio equipment. Along with the privilege of possessing a license come responsibilities such as knowing the applicable rules, including allowing the station to be inspected. Licensees should be aware of the Commission's right to inspect. Equally important, FCC Agents are allowed to inspect the radio equipment of non-licensees.
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-259410A1.html
- 47 U.S.C. 303(n) Both Section 303(n) of the Act, and the Rules which implement the Act, grant the right to inspect most radio operations to the Commission, and by delegated authority to the Commission's Bureaus and agents. The Enforcement Bureau conducts inspections of radio installations as part of the Bureau's function to "[e]nforce the Commission's Rules and Regulations." 47 CFR 0.111(a). Both licensees and non-licensees must allow an FCC Agent to inspect their radio equipment. Along with the privilege of possessing a license come responsibilities such as knowing the applicable rules, including allowing the station to be inspected. Licensees should be aware of the Commission's right to inspect. Equally important, FCC Agents are allowed to inspect the radio equipment of non-licensees.
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-259803A1.html
- to pay, and other such matters as justice may require.11 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Major is apparently liable for a forfeiture of $10,000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, William Stephen Major is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act.12 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-259912A1.html
- to pay, and other such matters as justice may require.5 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Vera-Maury is apparently liable for a $7,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Angel Vera-Maury is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Section 73.49 of the Rules.6 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-260117A1.html
- ability to pay, and other such matters as justice may require.''12 Applying the Forfeiture Policy Statement, Section 1.80 and the statutory factors, we conclude that Farmworkers is apparently liable for a forfeiture in the amount of $8,000. IV. ORDERING CLAUSES 1.11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Farmworkers Educational Radio Network Inc. is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Section 11.35 of the Commission's Rules.13 1.12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-260406A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.8 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act,9 and Sections 0.111, 0.311 and 1.80 of the Rules,10 Sylvane Simon is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act by operating an unlicensed transmitter on 1640 KHz. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) days
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-260407A1.html
- to pay, and other such matters as justice may require.14 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Sims is apparently liable for a $17,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended,15 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,16 Russell A. Sims, Jr., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violation of Sections 301 and 303(n) of the Act and Section 95.426(a) of the Rules by operating his citizens band radio station without Commission authorization and refusing to allow inspection
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-260457A1.html
- ability to pay, and other such matters as justice may require.22 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that TravelCenters is apparently liable for a $7,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules,23 TravelCenters of America is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-260541A1.html
- reduction from the base forfeiture amount to $2,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Ms. Salazar is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Maria L. Salazar is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Sections 11.35(a) and 73.3526(e) of the Rules.12 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-260650A1.html
- ability to pay, and other such matters as justice may require.7 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Arcom is apparently liable for a $3,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Arcom Communications is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violation of Section 17.4(a)(1) of the Rules.8 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-260730A1.html
- the base forfeiture amount to $2,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Parks is apparently liable for a $5,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,13 Parks is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for willful and repeated violation of Sections 17.4(a), 73.3526(e)(4), and 73.3526(e)(12) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-260731A1.html
- ability to pay, and other such matters as justice may require.7 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Arcom is apparently liable for a $3,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Arcom Communications is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violation of Section 17.4(a)(1) of the Rules.8 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-260946A1.html
- ability to pay, and other such matters as justice may require.7 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Family is apparently liable for a $7,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Family Educational Association Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.1350(a) of the Rules.8 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-260947A1.html
- to pay, and other such matters as justice may require.10 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that West Coast is apparently liable for an $8,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, West Coast Broadcasting is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Sections 73.1350(a) and 73.1560(b) of the Rules.11 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-260948A1.html
- ability to pay, and other such matters as justice may require.8 Considering the entire record and applying the factors listed above, we conclude that GB Enterprises is apparently liable for a forfeiture in the amount of $10,500. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended,9 and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules,10 GB Enterprises Communications Corp. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand five hundred dollars ($10,500) for willfully and repeatedly violating Sections 73.49 and 73.3526 of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-261123A1.html
- ability to pay, and other such matters as justice may require.10 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Unique is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Unique Broadcasting, L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly failing to respond in writing to Commission correspondence.11 11. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Communications Act of 1934, as amended, and
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-261709A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.7 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $7,000 forfeiture is warranted. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, WSMN Broadcasting, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Section 73.49 of the Rules.8 7. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-261710A1.html
- authorization for station WQCT534. Specifically, Anderson must detail how it has relocated its transmitter to the coordinates specified in the station authorization, or how it has amended its authorization to accurately reflect the location of the transmitter. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Anderson Desk Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act.11 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-261711A1.html
- authorization for station WNTT908. Specifically, ICB must detail how it has relocated its transmitter to the coordinates specified in the station authorization, or how it has amended its authorization to accurately reflect the location of the transmitter. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, International Customs Brokers, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 1.903(a) of the Rules.10 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-261712A1.html
- ability to pay, and other such matters as justice may require.12 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we conclude that Kojo is apparently liable for a forfeiture in the amount of $10,000. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Kojo Worldwide Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act.13 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-261713A1.html
- required to operate on the frequency stated in its authorization.11 Accordingly, applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we conclude that Krieger is apparently liable for a forfeiture in the amount of $4,000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Norman Krieger Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 1.903(a) of the Rules.12 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-261714A1.html
- required to operate on the frequency stated in its authorization.11 Accordingly, applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we conclude that Lamkin is apparently liable for a forfeiture in the amount of $4,000. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Lamkin Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 1.903(a) of the Rules.12 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-261715A1.html
- to pay, and other such matters as justice may require.9 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we conclude that More Enterprises is apparently liable for a forfeiture in the amount of $10,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, More Enterprises Communications Network, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act.10 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-261716A1.html
- to pay, and other such matters as justice may require.11 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we conclude that Pacific Spanish is apparently liable for a forfeiture in the amount of $10,000. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Pacific Spanish Network Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act.12 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-261717A1.html
- ability to pay, and other such matters as justice may require.10 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we conclude that Pacnet is apparently liable for a forfeiture in the amount of $10,000. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Pacnet Incorporated is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act.11 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-261718A1.html
- ability to pay, and other such matters as justice may require.9 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we conclude that Pacnet is apparently liable for a forfeiture in the amount of $10,000. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Pacnet Incorporated is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act.10 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-261719A1.html
- the cause of the violation was errors by its consultant.15 Accordingly, applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we conclude that Tocabi is apparently liable for a forfeiture in the amount of $4,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Tocabi America Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 1.903(a) of the Rules.16 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-261720A1.html
- ability to pay, and other such matters as justice may require.10 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we conclude that Uniradio is apparently liable for a forfeiture in the amount of $10,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Uniradio Corp. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act.11 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-261931A1.html
- to pay, and other such matters as justice may require.10 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that A Radio is apparently liable for a $15,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, A Radio Company, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violation of Sections 73.49, 73.1350(a), and 73.3526(e) of the Rules.11 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-262093A1.html
- In addition, we direct J.C. Penney to submit a sworn statement that it will not operate its private land mobile stations under the license for WPVX841 until such time that the issues regarding its license are resolved. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, J.C. Penney Company, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of Sections 1.903(a) and (b), 90.429(a) and (b), and 90.425(a) of the Rules.12 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-262291A1.html
- base forfeiture amount to $1,000 is appropriate. 11 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that BCR is apparently liable for a nine thousand dollar ($9,000) forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Birmingham Christian Radio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of nine thousand dollars ($9,000) for violations of Sections 11.35(a) and 73.3526(c) of the Rules.12 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-262292A1.html
- ability to pay, and other such matters as justice may require.14 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Willis is apparently liable for a $6,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Willis Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for violations of Sections 73.1560(b) and 73.3526(a) of the Rules.15 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-262293A1.html
- ability to pay, and other such matters as justice may require.13 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Willis is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Willis Broadcasting Corporation, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Sections 73.1560(a)(1) and 73.3526(a) of the Rules.14 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-262294A1.html
- for a $10,000 forfeiture. Further, we admonish Nextel for failing to post the ASR number for antenna structure #1245078 in a conspicuous place near the base of the antenna, in violation of Section 17.4(g) of the Rules. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Nextel of California, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 17.23 of the Rules.13 12. IT IS FURTHER ORDERED that Nextel of California, Inc., IS ADMONISHED for failing to display the antenna structure registration number for
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-262295A1.html
- to pay, and other such matters as justice may require.''16 Applying the Forfeiture Policy Statement, Section 1.80 and the statutory factors, we conclude that the Petersons are apparently liable for a forfeiture in the amount of $8,000. IV. ORDERING CLAUSES 1.13. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Richard A. & Joann R. Peterson, Joint Tenants, are hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Section 11.35 of the Commission's Rules.17 1.14. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-262296A1.html
- to operate on the frequency stated in its authorization.9 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Red Diamond is apparently liable for a forfeiture of $4,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Red Diamond Construction Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 1.903(a) of the Act.10 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-262407A1.html
- to pay, and other such matters as justice may require.6 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Trap Rock is apparently liable for a ($10,000) forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Trap Rock Industries, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 17.50 of the Rules.7 13. IT IS FURTHER ORDERED that Trap Rock is hereby ADMONISHED for its violation of Section 17.4(g) of the Commission's Rules. 14.
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-262408A1.html
- ability to pay, and other such matters as justice may require.9 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that TC is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Tidewater Communications LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 17.51(a) of the Rules.10 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-262765A1.html
- 47 U.S.C. 303(n) Both Section 303(n) of the Act, and the Rules which implement the Act, grant the right to inspect most radio operations to the Commission, and by delegated authority to the Commission's Bureaus and agents. The Enforcement Bureau conducts inspections of radio installations as part of the Bureau's function to "[e]nforce the Commission's Rules and Regulations." 47 CFR 0.111(a). Both licensees and non-licensees must allow an FCC Agent to inspect their radio equipment. Along with the privilege of possessing a license come responsibilities such as knowing the applicable rules, including allowing the station to be inspected. Licensees should be aware of the Commission's right to inspect. Equally important, FCC Agents are allowed to inspect the radio equipment of non-licensees.
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- may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Corry Communications Corporation is apparently liable for a forfeiture in the amount of $8,000. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,13 Corry Communications Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 11.35 of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-262938A1.html
- such matters as justice may require.9 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Moises Cabrera and Juan Cabrera are apparently jointly liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Moises Cabrera and Juan Cabrera are hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act.10 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-262939A1.html
- and other such matters as justice may require.16 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that WSKQ and WPAT are apparently jointly liable for a ($8,000) forfeiture. IV. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, WSKQ Licensing, Inc. and WPAT Licensing, Inc. are hereby NOTIFIED of their APPARENT JOINT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 11.35 of the Rules.17 18. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-262940A1.html
- proposal to paint the structure does not relieve TWC of liability. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that TWC is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Time Warner Cable, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Section 17.50 of the Rules.15 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-262941A1.html
- of prior offenses, ability to pay, and other such matters as justice may require.18 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we find that Craig is apparently liable for a forfeiture of $10,000. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Joni K. Craig is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act.19 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-262942A1.html
- detailing, for each of the models imported and marketed by Clegg, how each model complies with the authorization and verification requirements of Section 2.803 of the Rules, and the labeling requirements of Section 15.19 of the Rules. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules,17 Clegg Industries, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for repeatedly violating Section 302(b) of the Act, and Section 2.803(a)(2) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-263107A1.html
- other such matters as justice may require.10 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Conneaut is apparently liable for a forfeiture of $3000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,11 Conneaut Telephone Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-263335A1.html
- ability to pay, and other such matters as justice may require.8 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Nextel is apparently liable for a $7,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules,9 Nextel Holdings 1, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 0.314(d) of the Rules.10 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-263336A1.html
- other such matters as justice may require.10 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that T-Mobile is apparently liable for a forfeiture in the amount of $10,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, T-Mobile USA, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act.11 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-263337A1.html
- ability to pay, and other such matters as justice may require.22 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that CRC is apparently liable for a $13,000 forfeiture. IV. ORDERING CLAUSES 18. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Communications Relay Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Section 303(q) of the Act, and Sections 17.23, 17.47, 17.48, 17.49 and 17.57 of the Rules.23 19. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-263483A1.html
- ability to pay, and other such matters as justice may require.11 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Fricke is apparently liable for a ($10,000) forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Gene A. Fricke is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act by operating his Citizens Band radio station without Commission authorization.12 7. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-263484A1.html
- and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.7 Considering the entire record and applying the factors listed above, this case warrants a $10,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the Rules,9 Jean Harold Marius is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act by operating an unlicensed transmitter on 89.3 MHz. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30)
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-263649A1.html
- for emergency communications, despite repeated warnings and requests to vacate the frequency. Considering the entire record and applying the factors listed above, we conclude that Gerritsen is apparently liable for a forfeiture in the amount of $21,000. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Jack Gerritsen is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for violations of Sections 321(b) and 333 of the Act.14 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-263650A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.6 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, an $8,000 forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Cibao Express - Car & Limo Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 1.903(a) of the Rules.7 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-263779A1.html
- and other such matters as justice may require.''12 Applying the Forfeiture Policy Statement, Section 1.80 and the statutory factors, we conclude that the KPAL Television Inc., is apparently liable for a forfeiture in the amount of $8,000. IV. ORDERING CLAUSES 1.13. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, KPAL Television Inc., is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Section 11.35(a) of the Commission's Rules.13 1.14. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-263780A1.html
- matters as justice may require.11 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that ESP Leasing Corporation is apparently liable for a forfeiture in the amount of $10,000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, ESP Leasing Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act.12 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-263781A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $13,000 forfeiture is warranted. III. ORDERING CLAUSE 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, El Dorado 900, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Section 303(q) of the Act, and Sections 17.23, 17.47, 17.48, and 17.57 of the Rules.18 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-264046A1.html
- that it is appropriate to adjust upward the base forfeiture amount of $21,000 and propose a forfeiture of $25,000 for Loves' apparent violations. Therefore, we find Loves apparently liable for a forfeiture in the amount of $25,000. IV. ORDERING CLAUSES 20. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Love's Travel Stops and Country Store, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty- five thousand dollars ($25,000) for willfully and repeatedly violating Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. 21. IT IS FURTHER ORDERED that, pursuant to Section 1.80
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-264149A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Renda is apparently liable for a $3,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Renda Broadcasting Corporation of Nevada is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violations of Section 17.4(a) of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-264150A1.html
- such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Brasfield & Gorrie is apparently liable for a five thousand dollar ($5,000) forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Brasfield & Gorrie, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for violations of Sections 1.903(a) and 90.425(a) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-264273A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Toussaint is apparently liable for a ($10,000) forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Gary Toussaint is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Sections 301 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-264407A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that AMFM Radio is apparently liable for a ($7,000) forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, AMFM Radio Licenses, L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 73.49 of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-264408A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that 127, Inc. is apparently liable for a $21,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, 127, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty one thousand dollars ($21,000) for violations of Sections 73.1125(a), 73.1745 and 73.3526(a) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-264409A1.html
- lists. We therefore conclude a forfeiture amount of $4,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Cortaro is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Cortaro Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Commission's Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-264507A1.html
- that Vance offered for sale non-certified CB transceivers, in violation of Section 2.803(a)(1), and non-certified external RF power amplifiers, in violation of Section 2.815(c). We therefore conclude that that Vance is apparently liable for a $14,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Charles E. Vance III d/b/a/ CB Candy Electronics is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willfully and repeatedly violating Section 302(b) of the Act, and Section 2.803(a)(1) and 2.815(c) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-264508A1.html
- the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Caballero is apparently liable for a $8,000 forfeiture for each of the three stations, for a total forfeiture of $24,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Caballero Television Texas, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-four thousand dollars ($24,000) for violations of Section 11.35 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-264509A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that KCFG is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, KM Television of Flagstaff, L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 73.3526 of the Commission's Rules. 10. IT IS FURTHER ORDERED, That pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-264726A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Cumulus is apparently liable for a ($7,000) forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Cumulus Licensing, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Section 73.1125(a) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-264727A1.html
- required items, a downward adjustment to $4,000 per station is warranted. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Entravision is apparently liable for a $12,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Entravision Holdings, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Section 73.3526 of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-264728A1.html
- of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we find that Scrugham is apparently liable for a forfeiture of $10,000. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, William W. Scrugham is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-264848A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Gambler's is apparently liable for a ($7,000) forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Gambler's CB & Ham Radio Sales & Service is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-264948A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Gambler's is apparently liable for a ($7,000) forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Gambler's CB & Ham Radio Sales & Service is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-265629A1.html
- and 2.815(c) of the Rules and offered for sale at its store in Richmond, KY non-certified CB transceivers in violation of Section 2.803(a)(1) of the Rules. We therefore conclude that Wes Noe apparently is liable for a $21,000 forfeiture. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Wesley Noe, d.b.a. GI Joe's Radio Electronics and GI Joe's CB Radio, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for violation of Section 302(b) of the Act and Sections 2.803(a)(1), Section 2.815(b), and 2.815(c) of the Rules. 16. IT IS FURTHER
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-265630A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that New Life is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, New Life Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-265643A1.html
- 47 U.S.C. 303(n) Both Section 303(n) of the Act, and the Rules which implement the Act, grant the right to inspect most radio operations to the Commission, and by delegated authority to the Commission's Bureaus and agents. The Enforcement Bureau conducts inspections of radio installations as part of the Bureau's function to "[e]nforce the Commission's Rules and Regulations." 47 CFR 0.111(a). Both licensees and non-licensees must allow an FCC Agent to inspect their radio equipment. Along with the privilege of possessing a license come responsibilities such as knowing the applicable rules, including allowing the station to be inspected. Licensees should be aware of the Commission's right to inspect. Equally important, FCC Agents are allowed to inspect the radio equipment of non-licensees.
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-265669A1.html
- the base forfeiture amount for this violation to $4,000 is warranted. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Barreto is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Dominga Barreto is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-265670A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Hacienda is apparently liable for a $11,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Hacienda San Eladio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand dollars ($11,000) for violation of Sections 73.1350(a), and 73.3526 of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-265778A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Amaturo is apparently liable for a $7,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Amaturo Group of L.A., Ltd. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Section 73.1125(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-265779A1.html
- required to operate on the frequency stated in its authorization. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Macerich is apparently liable for a forfeiture of $4,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Macerich - Santa Monica Place is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 1.903(a) of the Act. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-265890A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Midwest is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Midwest Radio Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Sections 73.1745(a) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-266077A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mediacom is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Mediacom Communications Corporation, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 76.1700 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-266078A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSE 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Entravision Communications Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Sections 17.23 and 17.50 of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-266088A1.html
- 47 U.S.C. 303(n) Both Section 303(n) of the Act, and the Rules which implement the Act, grant the right to inspect most radio operations to the Commission, and by delegated authority to the Commission's Bureaus and agents. The Enforcement Bureau conducts inspections of radio installations as part of the Bureau's function to "[e]nforce the Commission's Rules and Regulations." 47 CFR 0.111(a). Both licensees and non-licensees must allow an FCC Agent to inspect their radio equipment. Along with the privilege of possessing a license come responsibilities such as knowing the applicable rules, including allowing the station to be inspected. Licensees should be aware of the Commission's right to inspect. Equally important, FCC Agents are allowed to inspect the radio equipment of non-licensees.
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-266228A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Cox is apparently liable for a $8,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Cox Communications is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Sections 76.605(a)(12) and 76.611 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-266328A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Venters is apparently liable for a $10,000 forfeiture IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Adam Troy Venters is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-266437A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Access.1 is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Access.1 New York License Company, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.3526(e)(12) of the Rules. 10. IT IS FURTHER ORDERED that Access.1 New York License Company, LLC IS ADMONISHED for failure to ensure that all
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-266561A1.html
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Frank R. Truatt is apparently liable for a $14,000 forfeiture. IV. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Frank R. Truatt is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violations of Sections 11.35(a), 73.1590(a)(6), and 73.3526(e)(12) of the Rules. 18. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-266562A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSE 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, T-Mobile West Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Section 17.23 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-266577A1.html
- 47 U.S.C. 303(n) Both Section 303(n) of the Act, and the Rules which implement the Act, grant the right to inspect most radio operations to the Commission, and by delegated authority to the Commission's Bureaus and agents. The Enforcement Bureau conducts inspections of radio installations as part of the Bureau's function to "[e]nforce the Commission's Rules and Regulations." 47 CFR 0.111(a). Both licensees and non-licensees must allow an FCC Agent to inspect their radio equipment. Along with the privilege of possessing a license come responsibilities such as knowing the applicable rules, including allowing the station to be inspected. Licensees should be aware of the Commission's right to inspect. Equally important, FCC Agents are allowed to inspect the radio equipment of non-licensees.
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-266879A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Shawn Deroux is apparently liable for a $17,000 forfeiture. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Shawn Deroux is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violations of Sections 301 and 303(n) of the Act. 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-266880A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Broadcast House is apparently liable for a $8,000 forfeiture. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Broadcast House of the Pacific Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 11.35(a), of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-266881A1.html
- We therefore conclude a forfeiture amount of $8,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Una Vez is apparently liable for a $8,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Una Vez Mas Las Vegas License, LLC. is hereby NOTIFIED of this APPARENT LIABILITY FOR FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 73.3526 of the Commission's Rules. 12. IT IS FURTHER ORDERED, that pursuant to Section 1.80 of the Commission's Rules, within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-266882A1.html
- the Commission's Rules, and the terms of their Commission authorizations. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Nextel is apparently liable for a forfeiture of $4,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Nextel License Holdings 4, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 1.903(a) of the Act. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-267053A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Time Warner is apparently liable for an eight thousand dollar ($8,000) forfeiture. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Time Warner Entertainment Company LP is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 76.605(a)(12) of the Rules. 15. IT IS FURTHER ORDERED that Time Warner Entertainment Company LP IS ADMONISHED for its violation of Section 76.1803 of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-267054A1.html
- to operate on the frequency stated in its authorization. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Fed Ex is apparently liable for a forfeiture of $4,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Federal Express Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 1.903(a) of the Act. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-267101A1.html
- We therefore conclude a forfeiture amount of $4,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that KITZ Radio is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, KITZ Radio Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Commission's Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-267214A1.html
- We therefore conclude a forfeiture amount of $4,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that KITZ Radio is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, KITZ Radio Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Commission's Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-267302A1.html
- the public inspection file violation is appropriate in this case. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Long Pond is apparently liable for a $14,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Long Pond Baptist Church is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violation of Sections 17.50, and 73.3527 of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-267303A1.html
- and, therefore, conclude a forfeiture amount of $4,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that CC Licenses is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, CC Licenses, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 301 of the Act. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-267304A1.html
- and, therefore, conclude a forfeiture amount of $4,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that CC Licenses is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, CC Licenses, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 301 of the Act. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-267570A1.html
- history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Guzman is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSE 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Raul Guzman Reyes, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this Notice of Apparent
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-267701A1.html
- such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that WADV Radio, Inc. is apparently liable for a four thousand dollar ($4,000) forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, WADV Radio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,000 for violations of Section 73.1745(a) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of Apparent
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-267702A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Colon is apparently liable for a $10,000 forfeiture IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Carlos M. Colon is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-267703A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Champion is apparently liable for an eight thousand dollar ($8,000) forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Champion Broadband Colorado, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 76.605(a)(12) of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-267704A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that HTV is apparently liable for a $7,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, HTV/HTN/Hawaiian TV Network, Ltd. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Section 73.1125(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-267705A1.html
- matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude Albino Ortega and Maria Juarez are apparently liable for a seven thousand dollar ($7,000) forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Albino Ortega and Maria Juarez are hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-267706A1.html
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude Sandhill is apparently liable for a seven thousand dollar ($7,000) forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Sandhill is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of Apparent
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-268220A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Smallwood is apparently liable for a $18,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Ora Roberts Smallwood, III is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for violation of Sections 11.35 and 73.3526 of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-268237A1.html
- a reduction in the base forfeiture amount to $4,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Cumulus is apparently liable for a $7,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Cumulus Licensing, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Sections 73.1350(b)(2) and 73.3526 of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-268343A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Kacy Rankine is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 18. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Kacy Rankine is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 19. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-268344A1.html
- it appropriate to increase the forfeiture amount above the base forfeiture. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Carnival is apparently liable for a $20,000 forfeiture IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Carnival Cruise Lines is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of Section 301 of the Act. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-268345A1.html
- appropriate to increase the forfeiture amount above the base forfeiture. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Royal Caribbean is apparently liable for a $20,000 forfeiture IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Royal Caribbean Ltd is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of Section 301 of the Act. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-268346A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Flagship is apparently liable for a $13,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Flagship Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violation of Sections 17.57 and 73.3526 of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-268420A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Elroy Simpson is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-268421A1.html
- $10,000. Accordingly, we believe a downward adjustment to $4,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Unique is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Unique Broadcasting, L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 301 of the Act. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-268422A1.html
- Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we find that Kaltenbach is apparently liable for a $14,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Jason Kaltenbach d/b/a/ Metamerchant is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willfully and repeatedly violating Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules,
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-268423A1.html
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we find that Eagle West is apparently liable for a forfeiture of $8,000. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Eagle West Communications, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35 of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-268622A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that ABG is apparently liable for a $8,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, ABG Georgia Licenses, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35 of the Rules. 7. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-268870A1.html
- of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that a $13,000 forfeiture is warranted. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Jamie Patrick Broadcasting, Ltd. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Sections 17.4(a), 17.50, and 17.51 of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-268871A1.html
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Commission's Rules ("Rules") Mega Communications of Alexandria Licensee, LLC is hereby NOTIFIED of this NOTICE OF APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willfull and repeated violation of Section 73.1745(a). 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-268872A1.html
- appropriate to apply an upwards adjustment to the base forfeiture. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that A Radio is apparently liable for a $8,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, A Radio Company, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 73.3526 of the Rules. 7. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-268885A1.html
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules ("Rules") Anastos Media Group, Inc. is hereby NOTIFIED of this NOTICE OF APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willfull and repeated violation of Section 73.1560(a)(1). 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-268886A1.html
- lists. We therefore conclude a forfeiture amount of $4,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that MBR is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, MBR Licensee, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-269018A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Duckworth is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Larry J. Duckworth is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-269019A1.html
- $4,000 for violation of Section 301 of the Act is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Ace is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Ace Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 301 of the Act. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-269020A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Metzger is apparently liable for a $7,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Ben Metzger dba 1 Stop Communications / 1 Stop CB Shop is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-269169A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Family is apparently liable for a $10,000 forfeiture. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Family Car Service, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-269170A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors, we conclude that Pinnacle owner of antenna structure number 1017802 is apparently liable for $3,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Pinnacle is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violations of Section 17.57 of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of Apparent
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-269171A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Russell is apparently liable for a $8,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Jerry Russell dba The Russell Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35(a), of the Rules. 7. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-269172A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Rama is apparently liable for a $15,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Rama Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Sections 11.35(a) and 73.49 of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-269173A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Gold Coast is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Gold Coast Radio, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.1560(b) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-269174A1.html
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to this case, we conclude Multicultural is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Multicultural Radio Broadcasting, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Section 17.51 of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-269175A1.html
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Del Rosario Talpa is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Del Rosa Talpa, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.1350(a) of the Commission's Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-269283A1.html
- of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we find that Payne is apparently liable for a forfeiture of $10,000. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Donald J. Payne is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-269284A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Multicultural Radio is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Multicultural Radio Broadcasting Licensee, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Commission's Rules. 10. IT IS FURTHER ORDERED, That pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-269285A1.html
- pay, and other such matters as justice may require." Applying the Forfeiture Policy Statement, Section 1.80 and the statutory factors, we conclude that One Mart Corporation is apparently liable for a forfeiture in the amount of $8,000. IV. ORDERING CLAUSES 1. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, One Mart Corporation is hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Section 11.35 of the Commission's Rules. 2. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-269359A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Britcher is apparently liable for a $17,000 forfeiture IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Matthew H. Britcher is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violations of Sections 301 and 303(n) of the Act. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-269360A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Duncan is apparently liable for a $10,000 forfeiture IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Jason L. Duncan is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-269361A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Roberts is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Marcus A. Roberts is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-269362A1.html
- a reduction in the base forfeiture amount to $4,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Cumulus is apparently liable for a $15,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Cumulus Licensing, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Sections 11.35(a), 73.1350(b)(2) and 73.3526 of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-269484A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that COMSOUTH is apparently liable for a $8,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, COMSOUTH TELESYS, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35 of the Rules. 7. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-269871A1.html
- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Appling the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $19,000 forfeiture is warranted. IV. ORDERING CLAUSES 29. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Pembrook Pines Elmira, LTD. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand dollars ($19,000) for violations of Sections 17.48(a), 17.51(a), and 73.1745(a) of the Rules. 30. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-269872A1.html
- structure remained extinguished. Roy is directed to file within thirty (30) days a report detailing the status of the antenna structure's lights and the timeframe for bringing the structure into full compliance with the applicable FAA requirements. IV. ORDERING CLAUSE 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Steven A. Roy, Personal Representative for the Estate of Lyle Evans, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 303(q) of the Act, and Section 17.51 of the Rules.^18 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-269873A1.html
- matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that TPN is apparently liable for a seven thousand dollar ($7,000) forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, The Paradise Network of North Carolina, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Sections 17.57 and 73.1745(a) of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-269874A1.html
- it appropriate to increase the forfeiture amount above the base forfeiture. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Neptuno is apparently liable for a $20,000 forfeiture. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Neptuno Networks, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of Sections 301 of the Act. 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-269875A1.html
- require. We conclude the base forfeiture amount of $8,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Hispanic is apparently liable for a $8,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Hispanic-Multicultural Broadcasting Association is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35(a) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-269876A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Parker is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Parker Construction, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. 7. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-270266A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mobile is apparently liable for a ($10, 000) forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Mobile Car Service Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-270267A1.html
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that New Relampago is apparently liable for a ($10, 000) forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, New Relampago Car Service Corp. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-270268A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Community is apparently liable for a $11,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Community Broadcast Group, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand dollars ($11,000) for violation of Sections 73.1350(a) and 73.3526, of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-270269A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that 3ABN is apparently liable for an $8,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Three Angels Broadcasting Network, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 11.35(a) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-270446A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Fannin is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Fannin County Broadcasting is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Rules. 7. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-270621A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Wilson is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Wilson Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-270622A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Wilson is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Wilson Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-270623A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Wilson is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Wilson Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-270624A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Charles is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Junior Lahens Charles is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-270625A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Pierre-Francois is apparently liable for a $10,000 forfeiture IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Jean-Harry Pierre-Francois is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-270626A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Hispanic is apparently liable for a $7,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Hispanic Bakersfield, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Section 73.1125(a) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-270800A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Forever apparently is liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Forever of PA, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Sections 17.47, 17.48, and 17.51(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-270801A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $8,000 forfeiture is warranted. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Mexicana Corp is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 1.903(a) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-270802A1.html
- to the coordinates specified in the station authorization, or how it has amended its authorization to accurately reflect the location of the transmitter, or how it has a received a new STA for the transmitter's current location. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Larson-Wynn, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.1350(a) of the Commission's Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-270803A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSE 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Comcast of Washington/Oregon is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Sections 17.23, 17.48 and 17.47(a) of the Commission's Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-271061A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $4,000 forfeiture is warranted. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Discovery Transportation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 1.903(a) of the Rules. 13. IT IS FURTHER ORDER that Discovery Transportation IS ADMONISHED for failure to transmit its call sign identification in violation of Section 90.425(a) of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-271062A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that MRA is apparently liable for a ($4,000) forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Mobile Relay Associates is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 1.903(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-271063A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Cingular is apparently liable for a ten thousand dollar ($10,000) forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, New Cingular Wireless Services, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act and Sections 17.23 and 17.50 of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-271064A1.html
- for failing to change KIGS's pattern pursuant to its license, violating Sections 73.1350(a) and 73.1745(a) of the Rules. We caution Perreira to ensure that KIGS is operating at all times utilizing the pattern authorized by its license. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Perreira Broadcasting is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Section 73.49 of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-271065A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that PSETV is apparently liable for a $7,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Puget Sound Educational TV, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Section 73.1125(a) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-271598A1.html
- unpainted. NBTY is directed to submit within ten (10) days a report regarding the status of the tower. If the tower still remains unpainted, NBTY is directed to report its exact time frame for painting the tower. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, NBTY, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand Dollars ($10,000) for violation of Section 303(q) of the Act, and Sections 17.21(a) and 17.23 of the Rules. 13. IT IS FURTHER ORDERED that NBTY, Inc. is hereby ADMONISHED for its violation of Section
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-271599A1.html
- the proposed forfeiture above the base amount. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that 127, Inc. is apparently liable for an eight thousand dollar ($8,000) forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, 127, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 73.1745(a) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-271610A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that HRN is apparently liable for a $14,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, HRN Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violations of Sections 73.1745(a) and 73.3526 of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-272108A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Siga Broadcasting is apparently liable for a $21,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Siga Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for violations of Sections 17.51(a), 73.49, and 73.1745 (a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-272109A1.html
- has stated in the past that an antenna structure registrant is expected to correct errors when they are brought to the registrant's attention and that such correction is not grounds for a downward adjustment in the forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Hoak Media of Colorado, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violations of Section 17.57 of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-272110A1.html
- of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we find that CVC is apparently liable for a forfeiture of $8,000. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Chula Vista Cable, Ltd., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35 of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-272111A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Phoenix 6 is apparently liable for a $7,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Phoenix 6 TV, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Section 73.1125(a) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-272125A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Marcel Emile is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. 16. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-272194A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Pittman is apparently liable for a ($14,000) forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Pittman Broadcasting Services, L.L.C., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violations of Sections 17.51(a) and 73.1745 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-272195A1.html
- $4,000 for maintaining an incomplete public inspection file is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Hoak Media is apparently liable for an $8,000 forfeiture. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Hoak Media of Colorado License, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Sections 11.35(a) and 73.3526 of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-273555A1.html
- forfeiture amount of $4,000 per station is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Lazer is apparently liable for a twelve thousand dollar ($12,000) forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Lazer Licenses, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR FORFEITURE in the amount of twelve thousand dollars ($12,000) for violation of Section 73.3526 of the Commission's Rules. 9. IT IS FURTHER ORDERED, That pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-273578A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Ramos is apparently liable for a $10,000 forfeiture IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Eliandro B. Ramos is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-273679A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that L4Media is apparently liable for a $8,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, L4 Media Group, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-273680A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Donald Winton is apparently liable for a $7,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Donald Winton is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Sections 95.426(a) of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-273681A1.html
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. de Almeida is apparently liable for a $10,000 forfeiture IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Adilson Alves de Almeida is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-273682A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Konarz is apparently liable for a $7,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Jason Konarz is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Section 73.49 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-273683A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that M.R.S. is apparently liable for a $7,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, M.R.S. Ventures, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Section 73.49 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-273802A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Talknsports is apparently liable for a $5,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Talknsports, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for violation of Section 73.1740(a)(4) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-273803A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Rama is apparently liable for a $20,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Rama Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of Sections 73.1125(a), 73.1350(b)(2), 73.3526 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-274210A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Metro West is apparently liable for a four thousand ($4,000) forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Metro West Ambulance is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 1.903(a) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-274289A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Georgia Eagle is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Georgia Eagle Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Rules. 7. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-274290A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Georgia Eagle is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Georgia Eagle Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Rules. 7. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-274291A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Georgia Eagle is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Georgia Eagle Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Rules. 7. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-274320A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Omnicom is apparently liable for a $5,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Omnicom Tower Limited is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for violations of Sections 17.47 and 17.57 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-274347A1.html
- we conclude a reduction in the base forfeiture amount is warranted. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Zia is apparently liable for a $6,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Zia Broadcasting Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for violations of Section 11.35(a) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-274348A1.html
- required items, a downward adjustment to $4,000 per station is warranted. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that BEC is apparently liable for an $8,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Broadcast Entertainment Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 73.3526 of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-274349A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Simon is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Dwayne Simon is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-274421A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Lazer is apparently liable for a $5,000 forfeiture. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Alfred Plascencia is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for violations of Sections 17.47(a) and 17.57 of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-274422A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that NSTN is apparently liable for a four thousand dollar ($4,000) forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, National Science Technology Network is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 1.903(a) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-275251A1.html
- prior offenses, ability to pay, and other such matters as justice may require. Applying the Policy Statement and the statutory factors to the instant case and applying the inflation adjustments, we believe that a four thousand dollar ($4,000) monetary forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules ("Rules") Capstar TX Limited Partnership is hereby NOTIFIED of this NOTICE OF APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willfull and repeated violation of Section 73.1745(a). 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-275252A1.html
- for this violation to $4,000 is warranted. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Radio Woodville is apparently liable for a $11,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Radio Woodville, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand dollars ($11,000) for violations of Sections 73.1125(a) and 73.3526 of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-275705A1.html
- base forfeiture amount for the public file violation to $4,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Davidson is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Davidson Media Station WACM License, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526(e)(12) of the Rules. 6. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-275718A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Craig Watkins is apparently liable for a $17,000 forfeiture. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Craig Watkins is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violations of Sections 301 and 303(n) of the Act. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-275719A1.html
- amount for this violation to $4,000 is warranted. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Wise is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Wise Radio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.3526 of the Rules. 7. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-275768A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude Radio Plus Inc. is apparently liable for a seven thousand dollar ($7,000) forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Radio Plus Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-275769A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Brahmin is apparently liable for a seven thousand dollar ($7,000) forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Brahmin Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-275770A1.html
- has stated in the past that an antenna structure registrant is expected to correct errors when they are brought to the registrant's attention and that such correction is not grounds for a downward adjustment in the forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Maranatha Investment Partnership is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violations of Section 17.57 of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-275912A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSE 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Entravision Communications Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Section 17.23 of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-276077A1.html
- after receiving an oral warning from an FCC agent that it no longer had authority to operate. We therefore conclude that the base forfeiture amount of $10,000 for violation of Section 301 of the Act is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Christian Family Network, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-276078A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mondgock is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Ronald Mondgock is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-276079A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Action Radio is apparently liable for an $8,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Action Radio, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 11.35(a) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-276378A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that CB Shop is apparently liable for a $7,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, CB Shop & More, LLLP, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-276655A1.html
- for the public inspection file violation to $4,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Blue Ridge is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Blue Ridge Cable Technologies, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 76.1701(a) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-276656A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Southern New Mexico Radio Foundation is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Southern New Mexico Radio Foundation, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Sections 1.903(a), 1.947(a) and 74.532(e) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-276991A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Bravo Mic is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Bravo Mic Communications, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Sections 1.903(a), 1.947(a) and 74.532(e) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-276992A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Threshold is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Threshold Communications is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Sections 17.47(a), 17.48 and 17.51(a) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-276993A1.html
- the factors listed above, we conclude that Grinton is apparently liable for a forfeiture in the amount of $3,000 for his failure to provide station ID, and is apparently liable for a $4,000 forfeiture for unauthorized emissions. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, James J. Grinton is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Sections 97.113(b) and 97.119(a) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-277174A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Carlsbad Radio is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Carlsbad Radio, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Sections 1.903(a), 1.947(a) and 74.532(e) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-277175A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that JMK is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, JMK Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.44(b) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-277176A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Michael Stone Campbell a/k/a Monroe Campbell is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-277580A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that New World is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, New World, L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 73.3526 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-277659A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Broadcasters is apparently liable for a $8,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, FM 92 Broadcasters, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35(a) of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-277675A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Omni is apparently liable for a $8,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Omni Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35(a) of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-277832A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Northland Cable is apparently liable for a ($10,000) forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Northland Cable Ventures, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 76.1700(b) of the Rules. 7. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-277833A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. McCollum is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Michael Thomas McCollum is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-277834A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that PRTC is apparently liable for a ($12,000) forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Puerto Rico Telephone Company Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Sections 17.47(a)(1), 17.50, and 17.51(a) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-277835A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Cumulus is apparently liable for a four thousand dollar ($4,000) forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Cumulus Licensing, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Sections 1.903(a), 1.947 and 74.532(e) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-277836A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Pace is apparently liable for a $7,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, David P. Pace Jr. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-277837A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that AMERI-KING is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, AMERI-KING Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Communications Act. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-277838A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Compatible apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Compatible Electronics Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Communications Act. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-277839A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude Bennett Broadcasting is apparently liable for a fourteen thousand dollars ($14,000) forfeiture. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Christopher H. Bennett Broadcasting of Washington, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violation of Section 73.49 and Section 73.1125(a) of the Rules. 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-277876A1.html
- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Velazquez is apparently liable for a ($4,000) forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Jose Velazquez is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 1.903(a) of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-277877A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Omni is apparently liable for a $8,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Omni Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35(a) of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-277878A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Bazile is apparently liable for a $10,000 forfeiture IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Marckenson Bazile is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-277879A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that the Campos' are apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Martha and Miguel Campos are hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-278098A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Metro is apparently liable for a $13,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Metro Radio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Sections 17.51(a) and 17.57 of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-278099A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Nicolas Paula is apparently liable for a $17,000 forfeiture. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Nicolas Paula is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violations of Sections 301 and 303(n) of the Act. 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-278100A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Star Power is apparently liable for a $19,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Star Power Communications Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand dollars ($19,000) for violations of Sections 11.35(a), 73.3526 and 73.49 of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-278101A1.html
- matters as justice may require.8 Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Telecom is apparently liable for a twelve thousand dollar ($12,000) forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Telecom Network, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Sections 17.4(g), 17.50, and 17.51(a) of the Rules.9 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-278243A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Broadcasters, Inc. is apparently liable for a ($18,000) forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, West Helena Broadcasters, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for violations of Sections 11.35 and 73.3526 of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-278244A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that IBC is apparently liable for a ($13,000) forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, International Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Sections 17.50 and 17.57 of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-278367A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Claro is apparently liable for a ($11,000) forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Claro Communications, LTD. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand dollars ($11,000) for violations of Sections 73.1125(a) and 73.1745(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-278642A1.html
- of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we conclude that a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, John Doe is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-278643A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that First Baptist is apparently liable for a $15,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, First Baptist Church, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violation of Sections 11.35 and 73.1125(a) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-278796A1.html
- has stated in the past that an antenna structure registrant is expected to correct errors when they are brought to the registrant's attention and that such correction is not grounds for a downward adjustment in the forfeiture. IV. ORDERING CLAUSES 19. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Western Slope Communications, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Section 303(q) of the Act, and Sections 17.47(a), 17.48, 17.51(a), and 17.57 of the Rules. 20. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-278960A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude CC Licenses is apparently liable for a seven thousand dollar ($7,000) forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, CC Licenses, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-278961A1.html
- violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, a $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Steven A. Skalecki is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. 17. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-278962A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that VOX is apparently liable for a $8,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Vox Communications Group LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 11.35(a) of the Rules. 7. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-278963A1.html
- the Northampton, Pennsylvania area. We admonish RCN for failing to maintain for its system serving Northampton, Pennsylvania, a complete and accurate Must Carry List in its public inspection file on January 4, 2007 and July 25, 2007. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, RCN Telecom Services is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 76.1701(a) of the Rules. 10. IT IS FURTHER ORDERED that RCN is hereby ADMONISHED for its violation of Section 76.1709(a) of the Commission's Rules. 11. IT IS
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-279188A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Viva apparently is liable for a $16,000 forfeiture. IV. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Viva Communications Group, LLC. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for violations of Sections 11.35(a), 73.1745(a), 73.1560(a), and 73.3526(e)(12) of the Rules. 17. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-279189A1.html
- Rules, operating its station at an unauthorized location with an unauthorized antenna height in violation of Section 73.1350(a) of the Rules, and failing to maintain a public inspection file in violation of Section 73.3527(a) of the Rules. IV. ORDERING CLAUSES 26. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, .314 and 1.80 of the Commission's Rules, Minority Business & Housing Development, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of Sections 73.1350(a), 1.1310 and 73.3527(a) of the Rules. 27. IT IS FURTHER ORDERED that Minority Business & Housing Development, Inc. IS ADMONISHED for its violations
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-279190A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that BCBA is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Boulder Community Broadcast Association, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 73.1745(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-279191A1.html
- may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, because Susainathan apparently operated three stations from unauthorized locations, we conclude that Susainathan is apparently liable for a $12,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Richard R. Susainathan is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Sections 1.903(a) and 1.947(a) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-279192A1.html
- we believe both violations are part of the same action. Consequently, applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Tabback is apparently liable for a $7,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Tabback Radio Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Section 73.1745(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-279432A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Gaye is apparently liable for a $10,000 forfeiture IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Henry Gaye is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-279433A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Maignan is apparently liable for a $10,000 forfeiture IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Roubens Maignan is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-279727A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Tuff-Star-Jam is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Tuff-Star-Jam Communication, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-279739A1.html
- take any steps to maintain computer printouts or written logs for required weekly and monthly EAS tests. Based on the evidence before us, we admonish Hensley Broadcasting for violating Section 11.61(b) by failing to maintain EAS logs. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Hensley Broadcasting is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Sections 73.3526(e)(12) of the Rules. 11. IT IS FURTHER ORDERED that Hensley Broadcasting IS ADMONISHED for its violation of Section 11.61(b) of the Rules. 12. IT IS FURTHER ORDERED
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-279953A1.html
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Trevor W. Whitely is apparently liable for a ($10,000) forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Trevor W. Whitely is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-279954A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that WGBB is apparently liable for a $6,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, WGBB-AM, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for violations of Sections 17.48(a) and 17.57 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-279955A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that New Inspiration is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSE 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, New Inspiration Broadcasting Co., Inc is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Sections 17.47(a), 17.48 and 17.51(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-280418A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Rackley is apparently liable for a ($8,000) forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Frank Rackley, JR. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Sections 73.1350(a) and 73.1745(a) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-280558A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Clemons is apparently liable for a $17,000 forfeiture. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Charles Clemons is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violations of Sections 301 and 303(n) of the Communications Act. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-280559A1.html
- United States government communications system is particularly egregious. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Barbosa is apparently liable for a $20,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Joaquim Barbosa is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of Section 301 of the Act. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-280560A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Action is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Action Communications, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly failing to respond in writing to Commission correspondence. 11. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Communications Act of 1934, as amended, Action
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-280705A1.html
- of $4,000 is appropriate for this offense. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Glass is apparently liable for a ($16,000) forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Michael H. Glass is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for violations of Sections 11.35 and 73.1745(a) of the Rules, and Section 301 of the Act. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-280823A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement and the statutory factors, we conclude that Holmes, owner of antenna structure number # 1017802, is apparently liable for $3,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Holmes Farm, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violations of Section 17.57 of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-280824A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Traffic Controll is apparently liable for a $4,000 forfeiture. III. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Traffic Controll Products of Florida Inc is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 90.403 of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-281213A1.html
- Rules (CB Rule 10). Use of a transmitter which has carrier or peak envelope power in excess of that authorized will void Barber's authority to operate the station. It can also result in additional sanctions and forfeitures. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Jeremy William Barber is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Section 303(n) of the Act and Section 95.426(a) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-281214A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Kersnowski is apparently liable for a $7,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Michael T. Kersnowski is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Sections 302(b) of the Act and Section 2.803(a)(1) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-281346A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Ross is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Richard Ross, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. 16. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-281347A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Colomex is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Colomex, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Sections 1.903(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-281348A1.html
- of this NAL how it achieved compliance with Section 1.903(a) of the Rules for station KSZ63. Radio One's report must be submitted in the form of an affidavit signed by an officer or director of Radio One. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Radio One Licenses, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Sections 1.903(a), 1.947(a) and 74.532(e) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-281507A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Clouden is apparently liable for a ($10,000) forfeiture. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Richard Clouden is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-281508A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Frank Rodriguez is apparently liable for a ($10,000) forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Frank Rodriguez is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-281509A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Owner is apparently liable for a $12,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, David Ryder, Receiver is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Sections 17.4(g) and 17.50 of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-281510A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that ASA is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, ASA Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.1745(a) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-281511A1.html
- upwards adjustment of the proposed forfeiture is appropriate. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Halifax is apparently liable for a $24,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Halifax Christian Community Church, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty four thousand dollars ($24,000) for violations of Sections 73.845 of the Rules and Section 301 of the Act. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-281512A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Phillips is apparently liable for a $8,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Phillips Broadcasting, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 73.3526 of the Rules. 7. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-281513A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that KLIP is apparently liable for an $8,000 forfeiture. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, KLIP, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 76.605(a)(12) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-282164A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Jean Idalbert is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Jean Idalbert is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 18. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-282165A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that D-Mitch is apparently liable for a $12,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, D-Mitch Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Sections 11.35(a) and 73.3526 of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-282166A1.html
- history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors, we conclude that a $18,000 forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, John Doe is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for violation of Sections 301 and 325 of the Act. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-282177A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Perihelion is apparently liable for a ($15,000) forfeiture. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Perihelion Global, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Sections 73.49, 73.1125(a) and 73.1201(a)(2) of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-282249A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Union Pacific is apparently liable for a ($10,000) forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Union Pacific Railroad Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 17.21(a) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-282593A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Friendship is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Friendship Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.3527 of the Rules. 7. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-282594A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Princess K Fishing Corporation is apparently liable for an $8,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Princess K Fishing Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 80.89(a) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-282595A1.html
- lists. We therefore conclude a forfeiture amount of $4,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that MBR is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, MBR Licensee, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-282596A1.html
- director of Orvac, attesting to the truth and accuracy of the response. Any false statement made knowingly and willfully in reply to this inquiry is punishable by fine or imprisonment under Title 18 of the U.S. Code. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Orvac Electronics, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-282770A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Real Life is apparently liable for a $23,000 forfeiture. IV. ORDERING CLAUSES 27. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Real Life Broadcasting is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty three thousand dollars ($23,000) for violations of Sections 73.1745(a), 11.35(a), 73.49 and 73.3526(e)(12) of the Rules. 28. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-282771A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Bear Creek is apparently liable for a ($10,000) forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Bear Creek Mountain Resort is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-283149A1.html
- and repeated operation of an unlicensed radio station is particularly egregious. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Louis is apparently liable for a ($10,000) forfeiture. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Yvon Louis is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-283150A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Kissi is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Alexander Kissi is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-283151A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Chladek is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, .314 and 1.80 of the Commission's Rules, James J. Chladek is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526(e)(12) the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-283152A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Aulabaugh is apparently liable for a $8,000 forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Mark V. Aulabaugh is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 73.3526 of the Rules. 7. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-283153A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Visionary is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Visionary Related Entertainment, L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 1.1310 of the Rules. 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-283650A1.html
- for the public inspection file violation to $4,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Atlantic Broadband is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Atlantic Broadband LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Sections 76.1701(a) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-283651A1.html
- amount for the public inspection file violation to $4,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Adams is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Adams CATV Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Sections 76.1701(a) of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-284298A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Telava is apparently liable for a $13,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Telava Wireless, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen dollars ($13,000) for violations of Sections 17.51(a) and 17.57 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-284299A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Greeley Broadcasting is apparently liable for a $7,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Greeley Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-284300A1.html
- instant case, we conclude that Starfish's operation is not analogous to a "pirate" station operator, and, consequently, we downwardly adjust the proposed forfeiture amount to $5,000. We conclude that Starfish is apparently liable for a $5,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, The Starfish Television Network, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for violations of Sections 301 of the Act and 25.102(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-284301A1.html
- lists. We therefore conclude a forfeiture amount of $4,000 is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Creative is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Creative Broadcasting Services, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3526 of the Rules.11 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-284302A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Albino Ortega and Maria Juarez are apparently liable for a $7,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Albino Ortega and Maria Juarez are hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Section 73.49 of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-284303A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Playa is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Playa del Sol Broadcasters is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 74.1236(c) of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-284454A1.html
- matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that PTDC is apparently liable for a fifteen thousand dollar ($15,000) forfeiture. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Pentecostal Temple Development Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Sections Section 73.1745(a), 1.903(a), and 73.3526(e)(12) of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-284455A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Rama is apparently liable for a $16,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Rama Communications, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for violations of Sections 11.35(a) and 73.3526 of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-285863A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that BK is apparently liable for a $2,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, BK Towers, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violation of Section 17.47(a) of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-285864A1.html
- history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors, we conclude that a $4,000 forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Sims Metal East, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Sections 1.903(a) and 1.903(b) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-286287A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Jacksonville is apparently liable for a $2,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Jacksonville MSA Limited Partnership is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violation of Section 17.47(a)(1) of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-286429A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Abacus Television is apparently liable for a ($4,000) forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Abacus Television is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 17.1350(a) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-286430A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Allred is apparently liable for a $17,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Dale Lloyd Allred is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violation of Sections 301 and 333 of the Act. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-286431A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Rama is apparently liable for a $25,000 forfeiture. IV. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Rama Communications, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty five thousand dollars ($25,000) for violations of Sections 17.50, 73.49, 73.1745(a) and 73.3526 of the Rules. 17. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-286479A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Jean Clerveaux and Joselyne Edwards are apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Jean Clerveaux and Joselyn Edwards are hereby NOTIFIED of their APPARENT JOINT AND SEVERAL LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for repeated violations of Section 301 of the Act. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-286481A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Qualicom is apparently liable for a $5,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Qualicom Systems, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for violations of Sections 17.4(g) and 17.48(a) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-286526A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that OMI is apparently liable for a $2,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Ozark Media, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violation of Section 17.47(a) of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-286788A1.html
- history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors, we conclude that a $23,000 forfeiture is warranted. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Black Crow Radio LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-three thousand dollars ($23,000) for violation of Sections 11.35(a), 73.44(b), 73.49 and 73.3526 of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-286789A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that PBS is apparently liable for a $13,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Perry Broadcasting Systems is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Sections 17.51(a) and 17.57 of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-286904A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Millworks is apparently liable for a $3,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Southern Classic Millworks, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violations of Section 17.4(a) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-286905A1.html
- an upward adjustment to $14,000 is warranted. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Konarz is apparently liable for a $14,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Jason Konarz is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violations of Section 73.49 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-286906A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Taylor is apparently liable for a $13,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Taylor Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Sections 17.48(a) and 73.3526 of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-286907A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Hodson is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Hodson Broadcasting is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 73.1620 of the Rules. 18. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-287061A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Media Logic is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Media Logic LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-287062A1.html
- Section 1.80, and the statutory factors to the instant case, we find that Evans' efforts support a good faith reduction of the base forfeiture amount and we conclude that Evans is apparently liable for a $5,600 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, The Evans Broadcast Company, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand, six hundred dollars ($5,600) for violations of Section 73.49 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-287326A1.html
- such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Andre Alleyne and Jessie White are apparently jointly liable for a ($10,000) forfeiture. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Andre Alleyne and Jessie White are hereby NOTIFIED of their APPARENT JOINT AND SEVERAL LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-287327A1.html
- of this Order how it achieved compliance with Section 1.903(a) of the Rules for station WHB734. Mt. Rushmore's report must be submitted in the form of an affidavit signed by an officer or director of Mt. Rushmore. IV. ORDERING CLAUSES 19. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Mt. Rushmore Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of 11.35(a), 73.3526, 1.903(a), 1.947(a), and 74.532(e). 20. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-287328A1.html
- utilizing four frequency pairs not authorized by any license held by Westin or its affiliates. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors, we conclude that a $16,000 forfeiture is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, HST Kierland LLC d/b/a Westin Kierland Resort & Spa, Kierland Golf Club, and Starwood Vacation Ownership Arizona Management is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for violation of Section 1.903(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-287501A1.html
- The Commission has stated in the past that a licensee is expected to correct violations when they are brought to the licensee's attention and that such correction is not grounds for a downward adjustment in the forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Nevada Yellow Cab Corporation DBA Yellow Cab is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Section 1.903(a) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-287609A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Visionary is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Visionary Related Entertainment, L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 1.1310 of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-287610A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mapleton is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Mapleton License of Medford, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 1.1310 of the Rules. 17. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-288038A1.html
- operating his Amateur Radio station on the frequency 26.71 MHz. Based on the evidence before us, we admonish Jose Torres for willfully and repeatedly violating Section 97.119(a) of the Rules for failing to transmit a call sign. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Jose Torres is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 1.903(a) of the Act. 12. IT IS FURTHER ORDERED that Jose Torres IS ADMONISHED for willfully and repeatedly violating Section 97.119(a) of the Commission's Rules. 13. IT IS
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-288138A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Smart Park is apparently liable for a ($4,000) forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Smart Park Airport Parking is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 1.903(a) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-288139A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Bethune-Cookman is apparently liable for a $18,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Bethune-Cookman College, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for violations of Section 301 of the Communications Act of 1934, as amended and Section 11.35(a) of the Commission's Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-289661A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Perka is apparently liable for a $17,000 forfeiture. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, David E. Perka is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violations of Sections 301 and 333 of the Act. 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-289662A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that ERF Wireless is apparently liable for a $13,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, ERF Wireless, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Sections 17.51(b) and 17.57 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-289821A1.html
- such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that HTV is apparently liable for a total forfeiture in the amount of $24,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, HTV/HTN/Hawaiian TV Network, Ltd. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-four thousand dollars ($24,000) for violations of Sections 73.1225(a), 73.1125(c), and 73.3526(c) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-290027A1.html
- Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, including a reduction of the $10,000 base forfeiture for Baybridge's history of compliance, we conclude that Baybridge is apparently liable for an $8,000 forfeiture. IV. ORDERING CLAUSE 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Baybridge Communications, L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 303(q) of the Act, and Sections 17.47(a), 17.48 and 17.51(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-290762A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that SDACH is apparently liable for a $19,000 forfeiture. IV. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, .314 and 1.80 of the Commission's Rules, Seventh-Day Adventist Community Health Serv. of Greater NY is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand dollars ($19,000) for violations of Sections 1.903(a), 1.903(b), and 11.35(a) of the Rules. 17. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-290763A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Hodson is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Hodson Broadcasting is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 73.1620 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-290777A1.html
- is not grounds for a downward adjustment in the forfeiture. Accordingly, applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Spirit is apparently liable for a $7,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Spirit of Alaska Broadcasting, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Section 73.49 of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-290798A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that MRBI is apparently liable for a $3,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Multicultural Radio Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violations of Section 17.57 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-290811A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Eight Friends is apparently liable for a ($10,000) forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Eight Friends Limo Service Inc is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-290812A1.html
- the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Lazer is apparently liable for a $3,000 forfeiture for each of the antenna structures, for a total forfeiture of $6000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Lazer Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for violations of Section 17.57 of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-290813A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Bondy is apparently liable for a $24,000 forfeiture. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Kevin W. Bondy is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-four thousand dollars ($24,000) for violations of Sections 301, 303(n), and 333 of the Communications Act of 1934, as amended, and Sections 95.115 and 95.183(a)(5) of the Rules. 15. IT IS FURTHER ORDERED that, pursuant
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-291111A1.html
- to pay, and other such matters as justice may require.9 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Severino is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Radhames Severino is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act.10 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-291275A1.html
- ability to pay, and other such matters as justice may require." Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Sparta is apparently liable for a $11,000 forfeiture. V. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Sparta-Tomah Broadcasting Co. Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand dollars ($11,000) for violation of Sections 73.1745(a) and 73.1125(a) of the Commission's Rules. 16. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-291276A1.html
- as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that R-S Broadcasting is apparently liable for a ten thousand dollar ($10,000) forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, R-S Broadcasting Company, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 73.3526(e)(12) of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-291888A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Jackson is apparently liable for a $15,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Jackson Radio, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Sections 11.35 and 73.49 of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-292670A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Davis is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Anthony F. Davis is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-292790A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Frank is apparently liable for a ($10,000) forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Raymond Frank is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301of the Act. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-292932A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Grover is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Frankie Grover is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-293167A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that WSKQ is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, WSKQ Licensing, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.3526 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-293168A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that WPAT is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, WPAT Licensing, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.3526 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-293305A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Foundation, Inc. is apparently liable for a $12,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, The King's Musician Educational Foundation, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Sections 17.4(g) 17.51(b) of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-293306A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Burken is apparently liable for a $3,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Burken Broadcasting, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violation of Section 17.57 of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-293307A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Roberts is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Daniel K. Roberts a/k/a "Monkey Man" a/k/a "Monkey" is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Communications Act of 1934, as amended. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-293418A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that LSM Radio is apparently liable for a $15,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, LSM Radio Partners, L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Sections 11.35(a) and 73.1125(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-293619A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Verizon is apparently liable for a $13,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Verizon Wireless (VAW) LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Sections 17.4(a) and 17.21(a) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-293822A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Hawaiian Telcom is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSE 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Hawaiian Telcom, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Sections 17.6(a), 17.47(a), 17.48 and 17.51(a) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-293823A1.html
- prior authority, we downwardly adjust the proposed forfeiture amount to $5,000. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Tropicana is apparently liable for a $5,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Tropicana Products Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for violations of Section 301 of the Act. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-293824A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Shimmick-Obayashi is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Shimmick Construction Company, Inc./Obayashi Corporation, Joint Venture is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 1.903(a) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-294206A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Univision is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Univision Radio License Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.3526 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-294207A1.html
- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude Paisa is apparently liable for a ($4,000) forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Paisa 2 Car and Limousine Service., Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Sections 1.903(a) and 1.903(b) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30)
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-294208A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that ECPI is apparently liable for a $13,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Electronic Corporate Pages, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Sections 17.51(b) and 17.57 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-294712A1.html
- matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Jerry and Deborah Stevens are apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Jerry and Deborah Stevens are hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301of the Act. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-294713A1.html
- for a $10,000 forfeiture. 9. Ayustar is also hereby warned that operation of U-NII equipment in any way that is inconsistent with the equipment's certification renders such operation unlicensed and could subject Ayustar to additional enforcement action. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Ayustar Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Sections 301 of the Act. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-295044A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Marconi is apparently liable for a ($2,000) forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Marconi Broadcasting Company LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand dollars ($2,000) for violation of Section 17.47(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
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- instant case, we conclude that Wal-Mart's operation is not analogous to a "pirate" station operator, and, consequently, we downwardly adjust the proposed forfeiture amount to $5,000. We conclude that Wal-Mart is apparently liable for a $5,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Wal-Mart Supercenter Store #3351, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for violations of Section 301 of the Act. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
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- and, consequently, we downwardly adjust the proposed forfeiture amount to $5,000. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Costco is apparently liable for a $5,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Costco Wholesale Corporation/Costco #737 is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for violations of Section 301 of the Act. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
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- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that HTM is apparently liable for a forfeiture in the amount of $10,000. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Hispanic Target Media, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Sections 73.3526(a), (b) and (c) of the Rules. 7. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
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- factors to the instant case, we conclude that the structure is partially in compliance by having some form of red obstruction lighting at its top and, therefore, we find Waldec is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Waldec Enterprises, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 17.23 of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-295588A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Ronal Reid is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Ronald Reid is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice
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- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Luna Park is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Luna Park Housing Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-295590A1.html
- may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mark Nierman and Kakadu are apparently jointly and severally liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Mark Nierman and Kakadu Productions, Inc. are hereby NOTIFIED of their APPARENT JOINT AND SEVERAL LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days
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- of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors, we conclude that a $17,000 forfeiture is warranted. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Jairo Diaz is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violation of Sections 301 and 303(n)of the Act. 16. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this
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- matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Stone/Collins is apparently liable for a seventeen thousand dollar ($17,000) forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Stone/Collins Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violations of Sections 73.49 and 73.3526 of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
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- matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Rodgson is apparently liable for a twenty-five thousand dollar ($25,000) forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Rodgson, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of Sections 11.35, 73.49, and 73.3526 of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
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- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Magloire is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Marcelus Magloire is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
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- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Marixsa Rolon is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Marixsa Rolon is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice
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- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Ross is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Richard Ross, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. 16. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
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- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Big Fish is apparently liable for a $20,000 forfeiture. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Big Fish Broadcasting LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of Sections 17.51(a) and 17.48 of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
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- pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Cerritos Ford is apparently liable for a forfeiture of $4,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Cerritos Ford is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 1.903(a) of the Act. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
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- the statutory factors to the instant case, we conclude that Foursquare Gospel is apparently liable for a $10,000 forfeiture. In addition, we direct Foursquare Gospel to update its antenna structure registration with a valid telephone contact number. IV. ORDERING CLAUSE 16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, International Church of the Foursquare Gospel DBA Radio Station KFSG FM is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Sections 17.6(a), 17.47(a), 17.48, and 17.51(a) of the Rules. 17. IT IS FURTHER ORDERED that,
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- and the statutory factors to the instant case, we conclude that Gila is apparently liable for a $4,000 forfeiture for its operation at an unauthorized location and its improper provision of a private carrier service to KUKY(FM). IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Gila Electronics Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 1.903(a) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
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- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that KFW is apparently liable for a $20,000 forfeiture. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, KFW Communications LLC dba Almega Cable, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of Sections 11.35(a), 17.4(g), 17.48, and 17.51(a) of the Rules. 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within
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- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that KFW is apparently liable for an $18,000 forfeiture. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, KFW Communications LLC dba Almega Cable, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for violations of Sections 11.35(a), 17.48, and 17.51(a) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty
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- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Caron is apparently liable for an $8,000 forfeiture. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Caron Broadcasting Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Sections 73.1745(a) and 73.3526 of the Rules. 14. IT IS FURTHER ORDERED that Caron Broadcasting, Inc. IS ADMONISHED for its violation of Section 73.1870(c)(3) of the Rules. 15.
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- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that PRTC is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Puerto Rico Telephone Company Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Sections 17.48 and 17.51(a) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
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- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Multicultural is apparently liable for a $8,000 forfeiture. III. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Multicultural Radio Broadcasting Licensee, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 73.3526 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-296706A1.html
- ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Clarion is apparently liable for a $4,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Clarion is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.1745(a) of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
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- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Senat is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Balthazard Senat is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-296841A1.html
- the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Delroy Johnson, Paul Parara, and Richard Parara apparently are jointly and severally liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 19. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Delroy Johnson, Paul Parara, and Richard Parara are hereby NOTIFIED of their APPARENT JOINT AND SEVERAL LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 20. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty
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- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Dexter Blake is apparently liable for a ($10,000) forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Dexter Blake is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-300921A1.html
- other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Big Fish is apparently liable for a $20,000 forfeiture. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Big Fish Broadcasting LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of Sections 17.51(a) and 17.48 of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://www.fcc.gov/eb/Orders/2001/da000114.doc http://www.fcc.gov/eb/Orders/2001/da000114.html
- of the above statutory factors and the factors set forth in the Policy Statement. Taking all of these factors into account, we conclude that neither cancellation nor mitigation of the proposed forfeiture is justified and that the proper forfeiture amount is $5,000. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Hormigonera Chaparro, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for willful violation of the provisions of Section 301of the Act. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
- http://www.fcc.gov/eb/Orders/2001/da000120.doc http://www.fcc.gov/eb/Orders/2001/da000120.html
- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that PRTC has failed to provide sufficient justification for canceling or mitigating the proposed forfeiture amount. Therefore, we affirm the forfeiture of ten thousand dollars ($10,000). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Puerto Rico Tower Co., Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to exhibit red obstruction lighting and medium intensity obstruction lighting on its antenna structure in willful and repeated violation of Section 17.51(a) and (b) of the Rules. Payment of the forfeiture shall be
- http://www.fcc.gov/eb/Orders/2001/da01042.doc http://www.fcc.gov/eb/Orders/2001/da01042.html
- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Metrocall's Consent Motion to Dismiss IS GRANTED. IT IS FURTHER ORDERED that the supplemental complaint for damages in the above-captioned matter IS DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Frank Lamancusa Deputy Chief, Market Disputes Resolution Division Enforcement Bureau Telecommunications Act of 1996,
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar, Deputy Chief Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 01-67
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- forfeiture is appropriate. Applying the Forfeiture Policy Statement and statutory factors to the instant case, and based on the evidence before us, we find Telecorp Communications, Inc. apparently liable for forfeiture of $80,000 for four instances of failing to light an antenna structure. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Telecorp Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighty thousand dollars ($80,000) for violating Section 17.51 of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF
- http://www.fcc.gov/eb/Orders/2001/da01086.doc http://www.fcc.gov/eb/Orders/2001/da01086.html
- is $2,000 per violation. Application of the base amounts to each of the seven violations leads to a proposed forfeiture of $17,000. We find no basis for making any adjustments to this amount. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, Section 1.80 of the Commission's Rules, and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, SpectraSite Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violating Section 17.4(g) and Section 17.57 of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
- http://www.fcc.gov/eb/Orders/2001/da01087.doc http://www.fcc.gov/eb/Orders/2001/da01087.html
- $2,000 per violation. Application of that base amount to each of AT&T Wireless' violations would lead to a proposed forfeiture of $18,000. We find no basis for making any adjustments to this amount. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, Section 1.80 of the Commission's Rules, and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, AT&T Wireless Services, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for violating Section 17.4(g) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF
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- by promoting the private resolution of disputes and by eliminating the need for further expenditure of resources by the parties and the Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201, 202, and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201, 202, 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Joint Motion to Dismiss the complaint IS GRANTED. IT IS FURTHER ORDERED that the complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED effective immediately upon Release Date of this Order. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Federal
- http://www.fcc.gov/eb/Orders/2001/da011040.doc http://www.fcc.gov/eb/Orders/2001/da011040.html
- States Treasury in the amount of $75,000. We have reviewed the Consent Decree and evaluated the circumstances underlying the investigation. We believe that the public interest would be served by adopting the Consent Decree and terminating the investigatory proceeding. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, and Section 0.111 of the Commission's rules, the Consent Decree attached hereto IS ADOPTED. IT IS FURTHER ORDERED, that the above-captioned investigatory proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. §§ 301 and 310(d). Payment may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture
- http://www.fcc.gov/eb/Orders/2001/da011044.doc http://www.fcc.gov/eb/Orders/2001/da011044.html
- raising it during the hearing. Defendants may, however, demonstrate that the improperly assessed EUCL charges were not paid. ordering clauses ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 203(c), 206, 207 and 208 of the Communications Act of 1934 as amended, 47 U.S.C. §§ 151,154 (i), 154 (j), 201 (b), 203(c), 206, 207, and 208 and sections 0.111, 0.311, 1.722(d)(1) and 69.105(a) of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.722(d)(1) and 69.105(a), that the above-captioned complaints ARE DESIGNATED FOR A CONSOLIDATED HEARING before an Administrative Law Judge, at a time and place to be specified in a subsequent Order, upon the following issues: (1) To determine the relevant time period of each complaint pursuant to section
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- public interest by promoting the private resolution of disputes and by eliminating the need for further litigation and expenditure of resources by the parties and the Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Withdrawal of Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that the complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED effective immediately upon Release Date of this Order. FEDERAL COMMUNICATIONS COMMISSION Frank G. Lamancusa Deputy Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications
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- 2088 (1992). To support its claim of inability to pay, KYOO has submitted federal income tax returns for 1997 through 1999. In light of the evidence submitted, for which KYOO requested confidential treatment, we lower KYOO's proposed monetary forfeiture from $22,000 to $12,000. IV. ORDERING CLAUSES 6. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, KYOO Communications, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,000 for the willful violation of Sections 11.35(b), 17.50, 73.1350(c)(1) and 73.1800(a) of the Rules. 7. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of
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- 00-1016 (released May 9, 2000) ($4,000 NAL for violation of Section 73.1216 of the Commission's rules, forfeiture paid), Clear Channel Broadcasting Licenses, Inc., 15 FCC Rcd 2734 (EB 2000) ($4,000 NAL for violation of Section 73.1216 of the Commission's rules, forfeiture paid). IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80 of the Commission's rules, Capstar TX Limited Partnership is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating the 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules. 11. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within thirty
- http://www.fcc.gov/eb/Orders/2001/da011130.doc http://www.fcc.gov/eb/Orders/2001/da011130.html
- States Treasury in the amount of $15,000. We have reviewed the Consent Decree and evaluated the circumstances underlying the investigation. We believe that the public interest would be served by adopting the Consent Decree and terminating the investigatory proceeding. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached hereto IS ADOPTED. IT IS FURTHER ORDERED, that the above-captioned investigatory proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 310(d). Payment may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture
- http://www.fcc.gov/eb/Orders/2001/da011142.doc http://www.fcc.gov/eb/Orders/2001/da011142.html
- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Telepacific's Motion To Withdraw Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. § 201. (continued....) Federal Communications Commission DA
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- action. Rather, the license application or request for program test authority or STA must be granted or Allen must terminate all unauthorized operation of Station KMCA immediately. Otherwise, Allen risks loss of the license for Station KMCA as well as additional forfeiture penalties. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, M.C. Allen Productions is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for: violating Section 301 of the Act and sections 73.1615 and 73. 1620 of the Commission's rules regarding a licensee's operation during modification of facilities and a permittee's commencement of program tests;
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- the forfeiture should be reduced because it has no history of prior violations. After considering NetCom's history of compliance with the Commission's rules, we conclude that it is appropriate to reduce the forfeiture from $13,000 to $10,500. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, NetCom Technologies, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand five hundred dollars ($10,500) for failing to register its Juana Diaz, Puerto Rico antenna structure in willful and repeated violation of Section 17.4(a)(1) of the Rules and for failing to exhibit medium intensity obstruction lighting on its Juana Diaz,
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- the forfeiture based on its overall history of compliance. We find that the licensee WLDI has an overall history of compliance with the Commission's rules. We therefore grant WLDI's request for reduction of the forfeiture amount and reduce WLDI's forfeiture to $16,800. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. § 503(b) and 47 C.F.R. §§ 0.111, 0.311 and 1.80, WLDI, Inc. SHALL FORFEIT to the United States the sum of sixteen thousand eight hundred dollars ($16,800) for willfully and repeatedly violating 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. Payment of the forfeiture shall be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture
- http://www.fcc.gov/eb/Orders/2001/da011212.doc http://www.fcc.gov/eb/Orders/2001/da011212.html
- amount of $7,000 for transmission of indecent material. After considering all the facts and circumstances, we believe the base forfeiture amount is the appropriate sanction for the violation described above and that neither an upward nor downward adjustment should be made. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. § 503(b), and 47 C.F.R. §§ 0.111, 0.311 and 1.80, The KBOO Foundation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. 12. IT IS FURTHER ORDERED THAT, pursuant to 47 C.F.R. § 1.80, within thirty days of this NOTICE OF APPARENT LIABILITY, The KBOO Foundation
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- his radio installation. On March 23, 2001, the Commission's Seattle, Washington, Office issued a Notice of Apparent Liability for Forfeiture in the amount of seventeen thousand dollars ($17,000) to Brockway. Brockway has not filed a response. Based on the information before us, we affirm this forfeiture. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Brockway IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for violating Sections 301 and 303(n) of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release of this Order. If the forfeiture is
- http://www.fcc.gov/eb/Orders/2001/da011314.doc http://www.fcc.gov/eb/Orders/2001/da011314.html
- After having reviewed the record and the Consent Decree, including the incorporated Compliance Plan, we believe that the public interest will be served by adopting the Consent Decree and terminating the Enforcement Bureau's forfeiture proceeding against Natchez. 4. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order, IS ADOPTED. 5. IT IS FURTHER ORDERED that the Enforcement Bureau's forfeiture proceeding against Natchez IS TERMINATED. 6. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by Certified Mail Return Receipt Requested to Stephen Díaz Gavin, Esquire, Patton Boggs
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- set a base forfeiture amount of $7,000 for transmission of indecent or obscene materials. After considering all the facts and circumstances, we believe the base forfeiture amount is the appropriate sanction and that neither an upward nor downward adjustment should be made. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Citadel Broadcasting Company is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of Seven Thousand Dollars ($7,000.00) for willfully violating the 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's rules, within thirty days
- http://www.fcc.gov/eb/Orders/2001/da011357.doc http://www.fcc.gov/eb/Orders/2001/da011357.html
- operations, which typically have been subject to forfeitures of approximately $10,000. Taking these facts into consideration and all of the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 is warranted. IV. Ordering Clauses 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, WWC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 101.31 of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the Act,
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- documentation to enable us to evaluate the licensee's current financial condition, therefore, we cannot assess its ability to pay the forfeiture amount. Consequently, we must deny its request for rescission or reduction of the forfeiture based on its purported inability to pay. IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, KASA Radio of Hogar, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violating Sections 73.54(d), 73.1350(c)(1), 73.1590(a)(6), and 73.3526(a)(2) of the Commission's Rules. 6. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days of
- http://www.fcc.gov/eb/Orders/2001/da01137.doc http://www.fcc.gov/eb/Orders/2001/da01137.html
- Enforcement Bureau released a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of five thousand dollars ($5,000) to AA Beep. AA Beep has not filed a response. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, AA Beep IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for willful violation of the provisions of Sections 301 of the Act and Section 22.3 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days
- http://www.fcc.gov/eb/Orders/2001/da011489.doc http://www.fcc.gov/eb/Orders/2001/da011489.html
- history of misconduct before this agency, we believe that a forfeiture in the maximum amount of $11,000 is appropriate. Operating unlicensed radio facilities in deliberate and brazen defiance of our rules cannot and will not be tolerated. V. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to Sections 312 of the Communications Act of 1934, as amended, and Sections 1.92(d) and 0.111(a)(14) of the Commission's rules, that the captioned Amateur Radio and GMRS station licenses held by Leslie D. Brewer ARE REVOKED, effective on the 40th day after release of this Order, unless Mr. Brewer files a petition for reconsideration within 30 days of release of this Order, in which case the effective date will be suspended pending further order of the
- http://www.fcc.gov/eb/Orders/2001/da011580.doc http://www.fcc.gov/eb/Orders/2001/da011580.html
- Director of the Enforcement Bureau's San Francisco Field Office issued a Notice of Apparent Liability (``NAL'') for Forfeiture in the amount of ten thousand dollars to Mr. Nakamura. Mr. Nakamura has not filed a response. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's Rules, Joshie Yasin Nakamura, Sr. a/k/a Marvin Eugene Barnes IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violating Section 301 of the Act by operating an unlicensed amateur radio station. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules,
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- 2001, the District Director of the Enforcement Bureau's Atlanta Field Office issued a Notice of Apparent Liability (``NAL'') for Forfeiture in the amount of twenty-four thousand dollars to Zachery. Zachery has not filed a response. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's Rules, Zachery Broadcasting Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of $24,000 for violating sections 11.35(a), 17.4(a), 17.48, 17.49, 17.50, 17.56, 73.49, and 73.3526 of the Rules in its operation of WDWZ(AM). 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's
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- See Station KGVL, Inc., 42 FCC 2d 258, 259 (1973). Finally, USA Tower argues that we should consider its history of overall compliance with the Rules. We will do so and reduce the $10,000 forfeiture to $8,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, USA Tower IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for failure to exhibit red obstruction lighting on its antenna structure in willful violation of Section 17.51(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- Office released a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of three thousand dollars ($3,000) to Mitchell. Mitchell has not filed a response to the NAL. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Mitchell Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willful violation of Section 17.4 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release of this Order. If the
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- the Commission), which have been subject to forfeitures of approximately $10,000. Taking these facts into consideration in conjunction with the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 is warranted. IV. Ordering Clauses 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules Verizon is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 22.3 of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the Act
- http://www.fcc.gov/eb/Orders/2001/da011746.doc http://www.fcc.gov/eb/Orders/2001/da011746.html
- Liability for Forfeiture (``NAL'') in the amount of ten thousand dollars ($10,000) to HCTV. HCTV has not filed a response to the NAL. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Ho'ona'auao Community TV, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willful violation of Section 73.3527(c)(1) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
- http://www.fcc.gov/eb/Orders/2001/da011747.doc http://www.fcc.gov/eb/Orders/2001/da011747.html
- Liability for Forfeiture (``NAL'') in the amount of seven thousand dollars ($7,000) to NEPC. NEPC has not filed a response to the NAL. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Northeast Passage Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willful violation of Sections 17.4(a) and 1.89(b) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- the proposed forfeiture or any further mitigation. We have examined Shepler's response to the NAL in light of the factors specified in the Policy Statement and in Section 1.80(b)(4) of the Rules and we conclude that $2,200 is the proper forfeiture amount. IV. Ordering Clauses 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 506(a) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Shepler's IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,200 for violation of the Great Lakes Agreement and Sections 80.953(a) and 80.953(b) the Commission's Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release
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- Squaw Mountain site, a forfeiture proceeding is not an appropriate vehicle for seeking reinstatement of a cancelled license. If Falcon wishes to seek reinstatement of the license, it should file a request for reinstatement with the Wireless Telecommunications Bureau. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Falcon Radio, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for unauthorized operation of a radio station in willful and repeated violation of Section 301 of the Act. IT IS FURTHER ORDERED that the forfeiture in the amount of twenty thousand dollars ($20,000) issued to Falcon Radio,
- http://www.fcc.gov/eb/Orders/2001/da011858.doc http://www.fcc.gov/eb/Orders/2001/da011858.html
- to operate his amateur station until September 1, 2003. He has not operated his amateur radio station since turning in the license. In addition, Mr. Chan has submitted financial data demonstrating that he is unable to pay the proposed forfeiture. Accordingly, we conclude that cancellation of the proposed $7,500 forfeiture is warranted. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the forfeiture in the amount of seven thousand five hundred dollars ($7,500) proposed in the March 10, 1999 NAL issued to Kornwell Chan IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail Return Receipt Requested to Kornwell Chan, 1919 Audubon Drive, Dresher, Pennsylvania 19025. FEDERAL
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- assertion that he lacked the necessary apparatus and the technical ability cannot excuse his failure to make an independent determination. We conclude that there is no basis for rescission or mitigation of the proposed monetary forfeiture and that $2,000 is the proper amount. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Mike Morrison IS LIABLE FOR A MONETARY FORFEITURE in the amount $2,000 for willfully and repeatedly violating the provisions of Section 302 of the Act, which prohibits the sale of noncompliant radio frequency devices. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within
- http://www.fcc.gov/eb/Orders/2001/da011920.doc http://www.fcc.gov/eb/Orders/2001/da011920.html
- for violations at WBOT that are separate and distinct from the violations in this case. Consequently, Radio One does not have an overall history of compliance with the Commission's Rules, and a reduction of the forfeiture on this basis is not warranted. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Radio One Licenses, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-one thousand five hundred dollars ($21,500) for violating Sections 11.35(a), 73.1125(e), 73.1350(c)(1), 73.1800(a), and 73.3526(a)(2) of the Commission's Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30
- http://www.fcc.gov/eb/Orders/2001/da011929.doc http://www.fcc.gov/eb/Orders/2001/da011929.html
- to the statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Hancock willfully violated Sections 11.35(a) and 73.49 of the Rules, but we reduce the forfeiture amount from $15,000 to $3,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Hancock Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for failure to install its EAS equipment so the monitoring and transmitting functions are available in willful violation of Section 11.35(a) of the Rules and failure to enclose its AM antenna tower within an effective locked fence
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- After having reviewed the record and the Consent Decree, including the incorporated Compliance Plan, we believe that the public interest will be served by adopting the Consent Decree and terminating the Enforcement Bureau's forfeiture proceeding against Bronco. 4. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order, IS ADOPTED. 5. IT IS FURTHER ORDERED that the Enforcement Bureau's forfeiture proceeding against Bronco IS TERMINATED. Brown & Saul, P.C., 633 17th Street, Suite 2700, Denver, Colorado 80202, and to Bronco Broadcasting Co., Inc., 3713 Highway 94 North, St. Charles, Missouri 63301. FEDERAL COMMUNICATIONS COMMISSION David
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- NAL pursuant to the statutory factors set forth above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Mega has not provided a sufficient justification for remitting or mitigating the proposed monetary forfeiture. IV. Ordering Clauses 9. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Mega IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willful violation of the provisions of 17.51(a) of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- forfeiture proposed in the NAL, we note that photographs taken at the time of the inspection clearly show that the ASR number was not posted either on the base of the tower or on the sign attached to the fence surrounding the tower. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, American InfoAge, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willful violation of Section 17.51(b) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- evidence relating to this matter, we conclude that there are no substantial and material questions of fact as to whether Verizon possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act, 47 U.S.C. § 154(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the Commission staff inquiry into the matter described here IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) File No. EB-01-IH-0236
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- (2000). Each of these licensees waived his or her right to hearing and requested that the license issued in his or her name be cancelled. 3. Administrative Law Judge Arthur I. Steinberg terminated the hearing with respect to these licensees and certified the matter to the Commission. Memorandum Opinion and Order, FCC 00M-58 (released October 26, 2000). Pursuant to Section 0.111(a)(14) of the Commission's rules, 47 C.F.R. § 0.111(a)(14), the Enforcement Bureau is delegated the authority to issue an appropriate order in this matter. Having reviewed the facts and circumstances relating to these licenses and the statements submitted by the named licensees, we find that it is appropriate to cancel the authorizations in accordance with the requests of the named licensees.
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of AT&T Corp. to Extend Time in Which to Convert Informal Complaints to Formal Complaints and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R.
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- the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Motion of Sprint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the date on which Sprint must convert the above-captioned informal complaint
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- statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Rego has provided no basis for rescission or mitigation of the proposed monetary forfeiture and that $6,500 is the appropriate forfeiture amount. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Rego, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand five hundred dollars ($6,500) for failure to install and maintain operational EAS equipment, failure to have a remote control system at the main studio able to provide sufficient transmission system monitoring and control capability, and failure to maintain a station
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- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Broadwing has failed to provide sufficient justification for canceling or mitigating the proposed forfeiture amount. Therefore, we affirm the forfeiture of thirteen thousand dollars ($13,000). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Rio Grande Transmission, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen thousand dollars ($13,000) for willful violations of Section 303(q) of the Act and Sections 17.23 and 17.57 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- and independent contractors.6 Thus, SpectraSite is responsible for the acts and omissions of its monitoring service. Finally, although SpectraSite took expedient measures to correct the violation, its remedial actions, while commendable, are not a mitigating factor.7 IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),8 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,9 SpectraSite Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violating Section 17.51(a) of the Rules by failing to exhibit red obstruction lighting from sunset to sunrise on April 5, 2001. 6. Payment of the forfeiture shall be made in the manner provided for in Section
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- Bureau's New Orleans Field Office issued a $25,000 Notice of Apparent Liability for Forfeiture to Willis.2 Willis did not file a response. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. 3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules,4 Willis Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $25,000 for violating Sections 1.89(b), 11.35(a), 17.4(a)(2), and 73.3526(c) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of AT&T Corp. to Extend Time in Which to Convert Informal Complaints to Formal Complaints and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718,
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- the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 202(a), 203(c), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 201(b), 202(a), 203(c), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Joint Motion to Dismiss with Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 202(a), 203(c), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 201(b), 202(a), 203(c), and 208, and the authority delegated in sections
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- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 222(e) of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and 222(e), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Yellow Book's Motion For Voluntary Dismissal IS GRANTED. 4. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 222(e) of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and 222(e), and the authority delegated in sections 0.111 and 0.311 of the
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of AT&T Corp. to Extend Time in Which to Convert Informal Complaints to Formal Complaints and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718,
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- the Commission), which have been subject to forfeitures of approximately $10,000. Taking these facts into consideration in conjunction with the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 is warranted. IV. Ordering Clauses 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Verizon is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 22.3 of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the Act
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- WWC's arguments that the stations were being operated to support valuable services and no harm resulted. Notwithstanding the services WWC may have provided, this does not change our finding that WWC violated our rules by operating the subject stations without Commission authorization. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act,15 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,16 WWC License LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for operation of microwave radio stations WPJE660, WPJD256, and WPJA761 without a valid license in willful and repeated violation of Section 301 of Act and Section 101.31 of the Rules. 12. Payment of the forfeiture shall be
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- and on at least one occasion stated that the violations would not be repeated. Nonetheless, our investigation revealed that Mr. Kramer again violated our rules in February 2001. Thus, imposition of a forfeiture in at least the amount of $9,500 is warranted.7 IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,8 Klaus D. Kramer IS LIABLE FOR A MONETARY FORFEITURE in the amount of nine thousand five hundred dollars ($9,500) for operating radio transmitters without Commission authorization in willful and repeated violation of Section 301 of the Act. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- With respect to the main studio, section 73.1125(e) of the Commission's rules, 47 C.F.R. 73.1125(e), requires broadcast licensees to maintain a local telephone number in their community of license or a toll-free number. 7. Initially, we reject Allen's argument that we had no authority to investigate and act upon matters in addition to the one referred by the Commission. Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, give the Enforcement Bureau primary responsibility for enforcing the Commission's rules relative to broadcast operations. Our investigation into whether Allen operated KMCA in accordance with those rules involves nothing more than action within the scope of that authority. Further, nothing in the Commission's Order limited the scope of the
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- this proceeding the sentences in the NAL that, ``At the time of the inspection, Two Rivers maintained a manager responsible for accounts receivable and a receptionist.'' and ``All station operations, other than accounts receivable, were under the direction and oversight of Wilks.'' IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 Barnstable Broadcasting, Inc., dba Two Rivers Broadcasting Limited Partnership IS LIABLE FOR A MONETARY FORFEITURE in the amount of sixteen thousand dollars ($16,000) for failure to determine and log the reasons why EAS tests were not being received and failure to maintain lighting in operational condition in willful and repeated violation of Sections 11.35(a)
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- in conjunction with the Policy Statement as well. As a result of our review, we conclude that Eure has failed to provide sufficient justification for canceling or mitigating the proposed forfeiture amount. Therefore, we affirm the forfeiture of eight thousand dollars ($8,000). IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Eure Family Limited Partnership, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for failure to exhibit red obstruction lighting on its antenna structure between sunset and sunrise in willful violation of Section 17.51(a) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided
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- response to the NAL on August 7, 2001 accompanied by documentation regarding his ability to pay the proposed forfeiture. After reviewing Mr. Pettrey's response, we conclude that cancellation of the proposed $10,000 forfeiture is warranted based on Mr. Pettrey's inability to pay the proposed forfeiture. 3. Accordingly, IT IS ORDERED that, pursuant to Section 504(b) of the Act3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 the forfeiture in the amount of ten thousand dollars ($10,000) proposed in the July 30, 2001 NAL issued to Jeffrey Alan Pettrey IS CANCELLED. 4. IT IS FURTHER ORDERED that, a copy of this Order shall be sent by Certified Mail Return Receipt Requested to Jeffrey Alan Pettrey at 4014 West Main Street,
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- the statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that MAPA willfully violated Sections 11.35(a) and 73.49 of the Rules, but we reduce the forfeiture amount from $15,000 to $2,500. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,7 MAPA Broadcasting, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand five hundred dollars ($2,500) for failure to install its EAS equipment so the monitoring and transmitting functions are available in willful violation of Section 11.35(a) of the Rules and failure to enclose its AM antenna tower within an effective
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Joint Motion to Dismiss Supplemental Complaint With Prejudice IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the
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- frequency without a license. 2. On September 10, 2001, the Commission's Dallas, Texas, Office issued a Notice of Apparent Liability for Forfeiture in the amount of $10,000 to Merrell.2 Merrell has not filed a response. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Merrell IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violating Section 301 and of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules5 within 30 days of the release of this Order. If the forfeiture is
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 208, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Joint Motion to Dismiss IS GRANTED. 5. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 208, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R.
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- of $50,000 to relocate. Given Rebus's financial situation, we believe that assessment of the full forfeiture amount would impose a financial hardship. Therefore, we conclude that a reduction of the forfeiture amount to $1,000 is appropriate. IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Rebus, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for violating Section 11.35(a) of the Rules by operating station WTAL(AM) without the required EAS equipment. 6. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days
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- Agent Office issued a Notice of Apparent Liability for Forfeiture in the amount of thirteen thousand dollars ($13,000) to Netcom for the noted violations. Netcom has not filed a response. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Netcom Technologies, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen thousand dollars ($13,000) for failing to register its Juana Diaz, Puerto Rico antenna structure in willful and repeated violation of Section 17.4(a)(1) of the Rules and for failing to exhibit medium intensity obstruction lighting on its Juana Diaz, Puerto Rico
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- to properly file its renewal application, ``[l]icensees are expected to know and comply with the Commission's rules, and will not be excused for violations thereof, absent clear mitigating circumstances.'' Econopage has not presented mitigating circumstances that would warrant reducing the forfeiture amount. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Econopage of Cleveland, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for violating Section 301 of the Act and Section 22.3 of the Rules by operating station KNKJ435 without a license. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80
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- the Mayflower Compact, and his birth certificate. Although he did not timely file his second set of documents, our review of the documents revealed nothing responsive to the facts alleged in the NAL. Additionally, nothing in the documents persuades us to reduce the $10,000 forfeiture. 4. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's Rules (``Rules''), Mr. Rowland IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days of the release of this Forfeiture Order.
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- willful broadcast of indecent material on three separate occasions. In determining the amount of the forfeiture, we considered, but ultimately found insignificant, the fact that there was a transfer of control of WLDI, Inc. subsequent to the broadcasts in question. Ordering Clauses ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that WLDI, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty one thousand dollars ($21,000) for willfully and repeatedly violating 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days
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- radio station's Equivalent Isotropically Radiated Power (``EIRP'') is 63.4 dBm. Converting the radio station's EIRP of 63.4 dBm to an equivalent ERP results in an ERP of 61.3 dBm, which is greater than the 55 dBm ERP limit set by Section 101.31(b)(1)(vii) of the Rules. 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Califormula IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days of the release of this Forfeiture Order. If the forfeiture
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- is $2,000 per violation. Application of that base amount to each of VoiceStream's violations would lead to a proposed forfeiture of $24,000. We find no basis for making any adjustments to this amount. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, Section 1.80 of the Commission's Rules, and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, VoiceStream PCS I License L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-four thousand dollars ($24,000) for violating Section 17.4(g) of the Commission's Rules. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE
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- profit and loss statements indicate that it had gross revenues of $237,171.30 in 1997, $190,935.93 in 1998, and $231,332.82 in 1999. The proposed forfeiture amount of $5,000 is not excessive in the context of these revenues. Therefore, we affirm the forfeiture of $5,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Joe L. Ford, d/b/a Ford Communications, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, and Section 22.3 of the Commission's Rules. Payment of the forfeiture shall be made in the manner provided for in
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- On December 16, 1999, Checkpoint filed an application for renewal of the authorization for that station and requested a waiver of Section 1.949(a) of the Rules. On April 3, 2000, the Commission granted Checkpoint's waiver request and reinstated its authority to operate Station WPCA811. On December 14, 2000, the Enforcement Bureau, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80 of the Rules, issued the referenced NAL in the amount of five thousand dollars ($5,000) to Checkpoint for operating without a valid license. In its response to the NAL, Checkpoint argues that the one-year statute of limitations in Section 503(b)(6)(B) prohibits the Commission from imposing the proposed forfeiture. In support of its assertion, Checkpoint states that it
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- proposed forfeiture was assessed for AT&T's alleged operation of a PCS station without authorization from a site in Humacao, Puerto Rico. Based on AT&T's response, it is clear that AT&T did not engage in the operation at issue in the Notice of Apparent Liability for Forfeiture. 2. Accordingly, IT IS ORDERED, pursuant to Section 504(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, that the Notice of Apparent Liability for Forfeiture issued to AT&T IS RESCINDED. 3. IT IS FURTHER ORDERED that, a copy of this Order shall be sent certified mail, return receipt requested, to AT&T Wireless PCS, Inc., 1150 Connecticut Avenue, N.W., 4th Floor, Washington, D.C. 20036. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement
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- a renewal application. In this case, however, $6,000 is justified because of the large number of stations involved (11). 8. We conclude that there is no basis for rescission or mitigation of the proposed monetary forfeiture and that $6,000 is the proper amount. Ordering Clauses 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Commercial Radio IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,000 for repeatedly violating the provisions of Section 301 of Act and Section 1.903 of the Rules, which prohibit operation of a station without authorization from the Commission. 10. Payment of the forfeiture shall be made in the manner provided for in
- http://www.fcc.gov/eb/Orders/2001/da01456.doc http://www.fcc.gov/eb/Orders/2001/da01456.html
- impose a forfeiture for the base amount of $4,000. Accordingly, IT IS ORDERED, that El Mundo's ``petition for reconsideration'' filed November 22, 2000, IS GRANTED to the extent that we approve a reduction of the proposed forfeiture amount from $6,000 to $4,000. IT IS FURTHER ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, El Mundo Broadcasting Corporation, licensee of Stations WKAQ(AM), San Juan, PR, and WUKQ(AM), Ponce, PR, shall FORFEIT to the United States the sum of Four Thousand Dollars ($4,000.00), for willfully and repeatedly violating Section 73.1206 of the Commission's rules. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent
- http://www.fcc.gov/eb/Orders/2001/da01458.doc http://www.fcc.gov/eb/Orders/2001/da01458.html
- NAL. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. However, ten thousand dollars ($10,000) is the base amount for this violation. Therefore, we are reducing the forfeiture amount to ten thousand dollars ($10,000) on our own motion. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Dr. John G. Pierre IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willful violation of the provisions of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release of
- http://www.fcc.gov/eb/Orders/2001/da01459.doc http://www.fcc.gov/eb/Orders/2001/da01459.html
- a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of five thousand dollars ($5,000) to Ohio Bell. Ohio Bell has not filed a response to the NAL. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, the Ohio Bell Telephone Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for willful violation of the provisions of Section 301 of the Act and Section 22.3 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules
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- twenty-year operation of WCVP. During our review of FCC records, we found that Cherokee Broadcasting had a history of overall compliance with the Rules. Consequently, in this case, we will reduce the $8,000 forfeiture to $6,500. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934 (``Act''), as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Cherokee Broadcasting IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,500 for willfully violating Section 11.35(a) of the Rules requiring it to have operating EAS equipment in place. 8. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules, within 30 days of the
- http://www.fcc.gov/eb/Orders/2001/da01504.doc http://www.fcc.gov/eb/Orders/2001/da01504.html
- false activations, we find that the proposed forfeiture amount of $8,000 is excessive. Taking the above statutory factors into account as well as the factors set forth in the Policy Statement, we conclude that the proposed monetary forfeiture should be mitigated to $2,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Oahu Aviation IS LIABLE FOR A MONETARY FORFEITURE in the amount $2,000 for repeatedly violating the provisions of Section 87.193 of the Rules, which permits an ELT to be activated only as a locating aid for survival purposes. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Radford has failed to provide sufficient justification for canceling or mitigating the proposed forfeiture amount. Therefore, we affirm the forfeiture of three thousand dollars ($3,000). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Radford Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for failure to register its antenna structure in willful violation of Section 17.4(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
- http://www.fcc.gov/eb/Orders/2001/da01537.doc http://www.fcc.gov/eb/Orders/2001/da01537.html
- set a base forfeiture amount of $7,000 for transmission of indecent/obscene materials. After considering all the facts and circumstances, we conclude that the base forfeiture amount is the appropriate sanction and that neither an upward nor downward adjustment should be made. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. § 503(b) and 47 C.F.R. §§ 0.111, 0.311 and 1.80, Infinity Radio License, Inc. FORFEIT to the United States the sum of seven thousand dollars ($7,000) for willfully violating 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. 13. Payment of the forfeiture shall be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture Collection Section,
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- reference. Following our adoption of this Order, TMS will institute a compliance plan and will make a voluntary contribution to the United States Treasury of $15,000. We believe that the public interest would be served by approving the Consent Decree and terminating our inquiry. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j) and 503(b) of the Act, and Sections 0.111 and 0.311 of the Commission's Rules, that the attached Consent Decree IS ADOPTED. TMS shall make its voluntary contribution to the United States Treasury by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Federal Communications Commission, Forfeiture Collection Section, Finance Branch, P.O. Box 73482, Chicago, Illinois 60673-7482. The payment should reference
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- will not excuse its past violations. After reviewing Section 503(b)(2)(D) of the Communications Act of 1934 (``Act''), as amended, section 1.80 of the Rules, the facts, and TeleCorp's response to the NAL, we believe that the $80,000 forfeiture is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Rules, TeleCorp IS LIABLE FOR A MONETARY FORFEITURE in the amount of $80,000 for willfully and repeatedly violating Section 17.51 of the Rules requiring it to have operating antenna structure lighting. 12. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules, within 30 days of the
- http://www.fcc.gov/eb/Orders/2001/da01642.doc http://www.fcc.gov/eb/Orders/2001/da01642.html
- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that Eschelon's Motion to Dismiss Without Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITHOUT PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 01-642 Federal Communications Commission
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- the NAL, K.I.D.S. - TV6 transferred control of K06MU to Bear Valley Broadcasting, Inc. prior to having received Commission authorization to do so. Having received nothing to suggest otherwise, we conclude that the unauthorized transfer occurred and that imposition of the forfeiture is warranted. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to 47 U.S.C. § 503(b) and 47 C.F.R. §§ 0.111, 0.311 and 1.80, that K.I.D.S. - TV6 FORFEIT to the United States the sum of eight thousand dollars ($8,000) for willfully and repeatedly violating 47 U.S.C. § 310(d) and 47 C.F.R. § 73.3540(a). Payment of the forfeiture shall be made by mailing a check or money order, payable to the order of the Federal Communications Commission, to the Forfeiture Collection
- http://www.fcc.gov/eb/Orders/2001/da01701.doc http://www.fcc.gov/eb/Orders/2001/da01701.html
- stated, Section 17.57 of the Rules requires SpectraSite to immediately notify the Commission of any change in tower ownership. Compliance with this rule obviates the need to send copies of violation notices to any entity other than the tower owner of record. IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, SpectraSite Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violating Sections 17.57 and 17.4(g) of the Rules by failing to notify the Commission of changes in tower ownership, failing to post ASR numbers, and in one instance, failing to post the correct ASR number. 6.
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- forfeiture is warranted. In conclusion, after reviewing Section 503(b)(2)(D) of the Communications Act of 1934 (``Act''), as amended, Section 1.80 of the Rules, the facts, and AT&T Wireless' opposition to the NAL, we believe that a $14,000 forfeiture is appropriate. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, as amended, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, AT&T Wireless IS LIABLE FOR A MONETARY FORFEITURE in the amount of $14,000 for willfully and repeatedly violating Section 17.4(g) of the Rules requiring it to post ASR numbers at the base of its antenna structures. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
- http://www.fcc.gov/eb/Orders/2001/da01714.doc http://www.fcc.gov/eb/Orders/2001/da01714.html
- statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Page-Comm has failed to provide sufficient justification for canceling the proposed forfeiture amount, but has provided justification for reducing it to $3,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Page-Comm IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for operating a paging system without Commission authorization in willful and repeated violation of Section 301 of the Act and Section 22.3 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section
- http://www.fcc.gov/eb/Orders/2001/da01721.doc http://www.fcc.gov/eb/Orders/2001/da01721.html
- alleged inability to pay. After reviewing T & W Communications's financial documentation, we find that the $6,500 proposed forfeiture is reasonable given its gross receipts or sales of $510,816 (1997), $406,814 (1998), $511,304 (1999), and $370,928 (through September of 2000). IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, as amended, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, T & W Communications IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,500 for violating Sections 17.4(a)(2) and 73.49 of the Rules requiring it to register its antenna structure and to enclose that antenna structure with an effective locked fence. 6. Payment of the forfeiture shall be made in the manner provided
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- States Treasury in the amount of $20,000.00. We have reviewed the Consent Decree and evaluated the circumstances underlying the investigation. We believe that the public interest would be served by adopting the Consent Decree and terminating the investigatory proceeding. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, and Section 0.111 of the Commission's rules, the Consent Decree attached hereto IS ADOPTED. IT IS FURTHER ORDERED, that the above-captioned investigatory proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 310(d). Payment may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture Collection Section,
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- New Orleans, Louisiana Field Office issued a Notice of Apparent Liability for Forfeiture in the amount of fourteen thousand dollars ($14,000) to Christian Broadcasting for the noted violations. Christian Broadcasting has not filed a response. Therefore, we affirm this forfeiture. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Christian Broadcasting Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of fourteen thousand dollars ($14,000) for failing to respond to Commission correspondence in willful violation of Section 1.89(b) of the Rules, and for failing to register the antenna structure of radio station WBOK in willful violation of Section 17.4(a) of the Rules.
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- and such other matters as justice may require.'' 12 FCC Rcd at 17110. After reviewing all of the circumstances, we believe a $21,000 forfeiture is appropriate in this case for the apparent broadcast of indecent material on three separate occasions. Ordering Clauses ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Telemundo of Puerto Rico License Corp. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty one thousand dollars ($21,000) for willfully and repeatedly violating 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules,
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- for transmission of indecent/obscene materials. After considering all the facts and circumstances, we believe the base forfeiture amount is the appropriate sanction for each of the two violations described above and that neither an upward nor downward adjustment should be made. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. § 503(b), and 47 C.F.R. §§ 0.111, 0.311 and 1.80, Citicasters Co. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willfully and repeatedly violating 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. 10. IT IS FURTHER ORDERED THAT, pursuant to 47 C.F.R. § 1.80, within thirty days of this NOTICE OF APPARENT LIABILITY, Citicasters Co.
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- assignment or transfer of control.'' As detailed in the NAL, Citicasters assumed control of WBTJ(FM) without having received Commission authorization to do so. Having received nothing to suggest otherwise, we conclude that the unauthorized transfer occurred and that imposition of the forfeiture is warranted. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to 47 U.S.C. § 503(b) and 47 C.F.R. §§ 0.111, 0.311 and 1.80, that Citicasters Co. FORFEIT to the United States the sum of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating 47 U.S.C. § 310(d) and 47 C.F.R. § 73.3540(a). Payment of the forfeiture shall be made by mailing a check or money order, payable to the order of the Federal Communications Commission, to the Forfeiture Collection Section,
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- in conjunction with the Policy Statement as well. As a result of our review, we conclude that VoiceStream has provided a sufficient justification for mitigating the proposed forfeiture amount to $21,000, but has not provided a sufficient justification for any further mitigation. IV. Ordering Clauses 13. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, VoiceStream IS LIABLE FOR A MONETARY FORFEITURE in the amount of $21,000 for willful violation of the provisions of 17.4(g) of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release of this Order. If
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- States Treasury in the amount of $10,000. We have reviewed the Consent Decree and evaluated the circumstances underlying the investigation. We believe that the public interest would be served by adopting the Consent Decree and terminating the investigatory proceeding. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, and Section 0.111 of the Commission's rules, the Consent Decree attached hereto IS ADOPTED. IT IS FURTHER ORDERED, that the above-captioned investigatory proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 310(d). Payment may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture Collection Section,
- http://www.fcc.gov/eb/Orders/2001/da01869.doc http://www.fcc.gov/eb/Orders/2001/da01869.html
- States Treasury in the amount of $15,000.00. We have reviewed the Consent Decree and evaluated the circumstances underlying the investigation. We believe that the public interest would be served by adopting the Consent Decree and terminating the investigatory proceeding. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, and Section 0.111 of the Commission's rules, the Consent Decree attached hereto IS ADOPTED. IT IS FURTHER ORDERED, that the above-captioned investigatory proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. §§ 301 and 310(d). Payment may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture
- http://www.fcc.gov/eb/Orders/2001/da01870.doc http://www.fcc.gov/eb/Orders/2001/da01870.html
- for transmission of indecent/obscene materials. After considering all the facts and circumstances, we believe the base forfeiture amount is the appropriate sanction for each of the two violations described above and that neither an upward nor downward adjustment should be made. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. § 503(b), and 47 C.F.R. §§ 0.111, 0.311 and 1.80, Emmis FM License Corp. of Chicago is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willfully and repeatedly violating 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. 10. IT IS FURTHER ORDERED THAT, pursuant to 47 C.F.R. § 1.80, within thirty days of this NOTICE OF
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- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that WorldCom's and SBC's Joint Motion to Dismiss IS GRANTED. IT IS FURTHER ORDERED that the supplemental complaint for damages in the above-captioned matter IS DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau Telecommunications
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- KNKC934 without Commission authorization between April 1, 1999 and December 27, 1999. Taking the above statutory factors into account as well as the factors set forth in the Policy Statement, we conclude that the proposed monetary forfeiture should be mitigated to $2,000. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Star IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for operating a paging system without Commission authorization in willful and repeated violation of Section 301 of the Act and Section 22.3 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in
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- radio operation from an unlicensed frequency, and claims that such operation was caused by a malfunctioning transmitter. We have considered Callcomm's arguments and reviewed the record, and we conclude that the record is insufficient to support a finding that Callcomm operated an unlicensed radio station. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 504(b) of the Act, and Sections 0.111, 0.311, and 1.80 of the Commission's Rules (``Rules''), the monetary forfeiture issued against Callcomm IS RESCINDED, and that pursuant to Section 1.106 of the Rules, Callcomm's Petition for Reconsideration IS GRANTED to the extent indicated herein and IS DENIED in all other aspects. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail
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- charges on independent payphone providers by certain local exchange carriers. The complaints listed in the caption above were inadvertently omitted from the April 13 Liability Order. ACCORDINGLY, IT IS ORDERED, pursuant to Sections 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 201(b), and 208 and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the above-captioned cases shall be added to the caption of the April 13 Liability Order and shall be covered by the determinations therein. Federal Communications Commission Radhika Karmarkar Deputy Chief Market Disputes Resolution Division Enforcement Bureau C. F. Communications Corp., et al. v. Century Telephone of Wisconsin,
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- of Apparent Liability for Forfeiture (``NAL'') in the amount of thirteen thousand five hundred dollars ($13,500) to Mr. Smith for the noted violations. Mr. Smith has not filed a response. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Jerry Smith IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen thousand dollars ($13,500) for operating a CB Radio Station with a non-type-accepted transmitter, with a transmitter output power greater than four watts carrier power in the AM (A3) mode, and with an external RF power amplifier, in willful and repeated violation
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- traffic transferred to switch-based resellers. Rather, with respect to the latter traffic, the Defendants must provide Verizon information that enables it to identify resellers responsible for compensation. 21. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and 276, and sections 0.111, 0.311, 1.722, 64.1300, and 64.1310 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.722, 64.1300, and 64.1310, that Verizon and the Defendants must file a joint statement consistent with this Order within thirty (30) days after the Order is released. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary The original named complainants in these actions were Bell Atlantic-Delaware, Inc.; Bell
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- its remedial actions, while commendable, are not a mitigating factor.5 However, after considering Palouse's overall history of compliance with the Commission's Rules, we conclude that it is appropriate to reduce the forfeiture from $10,000 to $8,000. IV. ORDERING CLAUSES 4. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),6 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,7 Palouse Country, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Sections 73.1400(a)(1)(ii), 73.1560(a), 73.1580, and 73.1870(c)(3) of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules,8 within 30 days of the release of
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- promoting the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's Rules, 47 C.F.R. 0.111 and 0.311, that the Joint Motion to Dismiss the above-captioned complaint with prejudice is GRANTED. 5. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1020A1.pdf 2.
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- successor's basic tier rates. Nor did the Prior Order prohibit the LFA from filing a complaint against the CPST rates of Operator's successor, which it did not. We are not persuaded by the LFA's arguments that the Cable Services Bureau erred by dismissing the pending complaints against Operator in the Prior Order. 7. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.106 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.106, that the LFA's Petition for Reconsideration of In the Matter of Booth American Company d/b/a Bloomfield Cable TV, DA 97-1204, 12 FCC Rcd. 1711 (1997) IS DENIED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for
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- 60 days of the release of this Order. 5. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 6. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- order Operator to refund this amount, plus any additional interest accrued to the date of refund, to its CPST subscribers within 60 days of the release of this Order. 7. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R 1.106, that Operator's Petition for Reconsideration IS DISMISSED. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 76.962, that Operator shall refund to subscribers in the franchise area referenced above the total amount of $27,533.00, plus any additional interest accrued between April 30, 2002 and the date of refund, within 60 days of the release of this Order. 9. IT IS FURTHER ORDERED, pursuant to
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- does not exceed its MPR, we find Operator's actual CPST rate of $9.16 to be reasonable, effective November 1, 1995. Upon review of Operator's FCC Form 1240, for the projected period June 1, 1996 through May 31, 1997, we find Operator's actual CPST rate of $8.95, effective June 1, 1996, to be reasonable. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $8.71, charged by Operator in the community referenced above, effective May 15, 1994 through July 14, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $10.42, charged
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- of the parties and of this Commission until such time as may actually be necessary. 6. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Petition for Additional Extension of Time filed by Indiana Paging Network, Inc. IS GRANTED. 7. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the dates on which
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- of $3.14 for a total MPR of $11.32, effective January 1, 1999. Because Operator's actual CPST rate of $18.28, effective January 1, 1999 through March 31, 1999, exceeds its revised MPR of $11.32, we find Operator's actual CPST rate of $18.28, effective January 1, 1999 through March 31, 1999, to be unreasonable.30 14. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates, charged by Operator in the community referenced above, effective May 15, 1994 through March 31, 1999, ARE UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator shall refund to subscribers that portion of the amount
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- we find Operator's actual CPST rate of $11.20, effective January 1, 1995 through March 31, 1995, to be unreasonable. 6. Upon review of Operator's FCC Form 1210 covering the period January 1, 1995 through March 31, 1995, we find Operator's actual CPST rate of $11.53, effective April 1, 1995, to be reasonable. 7. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.44, charged by Operator in the community referenced above, effective July 15, 1994 through October 31, 1994, IS UNREASONABLE 8. IT IS FURTHER ORDERED, pursuant Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.20,
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- Refund Order. Our total calculation, including three percent franchise fees and interest through February 28, 2002, equals $3,088.38. We order Operator to refund this amount, plus any additional interest accrued from February 28, 2002 to the date of refund, to its CPST subscribers within 60 days of the release of this Order. 4. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 76.962, that Operator's Refund Plan IS NOT ACCEPTED. 5. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 76.962, that Operator shall refund to subscribers in the franchise area referenced above the total amount of $3,088.38, plus
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- we find Operator's actual CPST rate of $11.51, effective January 1, 1995 through March 31, 1995, to be unreasonable. 6. Upon review of Operator's FCC Form 1210 covering the period January 1, 1995 through March 31, 1995, we find Operator's actual CPST rate of $11.63, effective April 1, 1995 to be reasonable. 7. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.44, charged by Operator in the community referenced above, effective July 15, 1994 through August 31, 1994, IS UNREASONABLE 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of
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- we find Operator's actual CPST rate of $11.34, effective February 1, 1995 through March 31, 1995, to be unreasonable. 6. Upon review of Operator's FCC Form 1210 covering the period January 1, 1995 through March 31, 1995, we find Operator's actual CPST rate of $11.46, effective April 1, 1995, to be reasonable. 7. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.13, charged by Operator in the community referenced above, effective July 15, 1994 through January 31, 1995, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of
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- actual CPST rate of $11.38, effective July 15, 1994 through Sep 30, 1995, to be unreasonable. 6. Upon review of Operator's FCC Form 1210, covering the period April 1, 1994 through September 30, 1995, we find Operator's actual CPST rate of $11.38, effective October 1, 1995, to be reasonable. 16 Ordering Clauses 7. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 76.962, that Operator's refund plan IS NOT ACCEPTED. 8. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall refund to subscribers in the franchise area referenced above the total amount of $27,390.00, plus interest accruing from April 30, 2002
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- by Operator in its Petition. We modify the Prior Order to exclude any refund liability and dismiss Operator's refund plan as moot. 4. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that Operator's Petition for Reconsideration IS GRANTED IN PART TO THE EXTENT INDICATED HEREIN. 5. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Comcast Cablevision of Indiana, LP, DA 99- 794, 14 FCC Rcd 6837 (1999), IS MODIFIED TO THE EXTENT INDICATED HEREIN. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 76.962, that Operator's
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- on our own motion, amend our Prior Order to exclude the finding of any refund liability for the period beginning December 1, 1994, without addressing the merits of the arguments raised by Operator in its Petition. Because our review results in a finding of no refund liability, we dismiss Operator's Petition as moot. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of CableOne, Inc., DA 98-1665, 13 FCC Rcd 18402 (1998), IS AMENDED TO THE EXTENT INDICATED HEREIN. IT IS FURTHER ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that Operator's petition for reconsideration IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon
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- 60 days of the release of this Order. 4. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 5. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon, Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- to effective competition.9 Based on the Cable Services Bureau's finding of effective competition in our Competition Order, Operator's system in the franchise area in the Oro Valley community is not subject to rate regulation. Therefore, we vacate the Oro Valley Order and dismiss as moot Operator's Application with regard to that system. 4. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of In the Matter of Jones Spacelink of Ohio, DA 95-1742, 10 FCC Rcd 9802 (1995) and In the Matter of Jones Intercable, Inc., DA 95-1794, 10 FCC Rcd 9781 (1995), ARE VACATED. 5. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 1.115
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- motion, amend the Prior Order to exclude the finding of any refund liability for the period beginning January 1, 1995, without addressing the merits of the arguments raised by Operator in its Petition. Because our review results in a finding of no refund liability, we dismiss Operator's Petition and refund plan as moot. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Falcon Cable TV, DA 98-652, 13 FCC Rcd 7158 (1998), IS AMENDED TO THE EXTENT INDICATED HEREIN. IT IS FURTHER ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that Operator's petition for reconsideration and refund plan are DISMISSED. FEDERAL COMMUNICATIONS
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of AT&T Corp. Requesting Additional Extension of Time in Which to Convert Informal Complaint Against CTC Telcom to Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of
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- Thus, Indiana Paging requests that the Commission dismiss its informal complaint and terminate this proceeding. 10. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Partial Withdrawal and Request for Dismissal of Informal Complaint filed by Indiana Paging Network, Inc. IS GRANTED and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 See 47 C.F.R. 1.718. 2 See, e.g., Formal Complaints of
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- that Allpage failed to file an NRUF report for one OCN, which was referenced in our NAL. We have not received a response from Allpage to suggest otherwise. Thus, we conclude that Allpage willfully violated section 52.15(f) and that imposition of the forfeiture is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to 47 U.S.C. 503(b), and 47 C.F.R. 0.111, 0.311 and 1.80, that Allpage FORFEIT to the United States the sum of six thousand dollars ($6,000) for willfully violating the Commission's rules that require U.S. carriers to report actual and forecast number usage. Payment of the forfeiture may be made by mailing a check or money order, payable to the order of the Federal Communications Commission, to the Forfeiture
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- financial documentation for the Bureau's analysis, and because, even though it has filed bankruptcy, it retains control over its assets. Moreover, filing for bankruptcy does not preclude the Commission from issuing an order imposing a forfeiture upon Friendship for violating its rules.9 IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 Friendship Cable of Texas, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Sections 76.605(a)(12) and 76.611(a) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- of willfulness. Furthermore, the only indication of voluntary disclosure occurred after the outage was detected. Moreover, Tidewater does not have a history of overall compliance with the Commission's Rules.13 Consequently, in this case, we will impose the originally proposed forfeiture of $10,000. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Tidewater Communications, Inc, IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to exhibit obstruction lighting on its antenna structure in willful violation of Section 17.51(a) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
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- of the parties and of this Commission until such time as may actually be necessary. 8. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.115 and 1.722 of the Commission's rules, 47 C.F.R. 1.115, 1.722, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Metrocall's Consent Motions for Extension of Time, filed on April 19, May 2, and May 8, 2002, ARE GRANTED. 9. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines for Metrocall to file its opposition to Concord's Application for Review under section 1.115 of the Commission's
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- January 25, 2002, the Commission's Miami, Florida, Resident Agent Office issued a Notice of Apparent Liability for Forfeiture in the amount of $17,000 to CTI for the noted violations.3 CTI has not filed a response. Based on the information before us, we affirm this forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,4 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,5 CTI IS LIABLE FOR A MONETARY FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willfully violating Section 301 of the Act and repeatedly and willfully violating Section 302a (b) of the Act and Section 2.803(a)(1) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in
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- Liability for Forfeiture to PREPA for a forfeiture in the amount of three thousand dollars ($3,000) for the noted violation.2 PREPA has not filed a response. Based on the information before us, we affirm the assessment of this forfeiture. 3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Puerto Rico Electric Power Authority, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for willfully violating Section 17.4(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules5 within 30 days of the release of
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- by promoting the private resolution of disputes and by postponing the need for further litigation and expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of AT&T Corp. Resolving Informal Complaint Against CTC Telcom IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 C.F.R.
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.11 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.12 7. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,13 Pine Bluffs Community Television System IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable systems. 8. IT IS FURTHER ORDERED that Pine Bluffs Community Television System place a copy of this waiver in its system files. 9. IT IS FURTHER ORDERED that a copy
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.11 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.12 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,13 Carson Communications, L.L.C. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the 21 captioned cable systems. 7. IT IS FURTHER ORDERED that Carson Communications, L.L.C. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Cunningham Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for its Washington, Kansas cable system and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for its Hebron, Nebraska cable system. 7. IT IS FURTHER ORDERED that Cunningham Communications, Inc. place
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Souris River Television, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the seven captioned cable television systems. 7. IT IS FURTHER ORDERED that Souris River Television, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Project Services, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. 7. IT IS FURTHER ORDERED that Project Services, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 WMW Cable Television Co. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that WMW Cable Television Co. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
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- the Commission's New York Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'')2 in the amount of $10,000 to Rev. Dr. Nicholas. Rev. Dr. Nicholas has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules ("Rules"),4 Rev. Dr. Philius Nicholas IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules5 within 30 days of the release of this Order. If
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- Office issued a Notice of Apparent Liability for Forfeiture to Brothers for a forfeiture in the amount of ten thousand dollars ($10,000) for the noted violation.2 Brothers has not filed a response. Based on the information before us, we affirm the assessment of this forfeiture. 3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''),4 Thomas A. Brothers IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules5 within 30 days of the release
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Big Sandy Telecom. Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Big Sandy Telecom, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.11 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.12 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,13 Galaxy Telecom, L.P. IS GRANTED a waiver of Section 11.11(a) of the Rules until April 1, 2004 for the captioned cable systems. 7. IT IS FURTHER ORDERED that Galaxy Telecom, L.P. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall be
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.11 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.12 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,13 Galaxy Telecom, L.P., IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for the captioned cable systems. 7. IT IS FURTHER ORDERED that Galaxy Telecom, L.P., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall be
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.11 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.12 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,13 Galaxy Telecom, L.P. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the cable systems listed in Attachment A. 7. IT IS FURTHER ORDERED that Galaxy Telecom, L.P. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Diode Cable Company, IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the ten captioned cable systems. 7. IT IS FURTHER ORDERED that Diode Cable Company place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.11 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.12 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,13 Panora Cooperative Cable Association, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Panora Coorperative Cooperative Cable Association, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a
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- offenses, ability to pay, and such other matters as justice may require.''20 After reviewing all of the circumstances, we believe a $21,000 forfeiture is appropriate in this case for the apparent broadcast of indecent material on three occasions. IV. ORDERING CLAUSES 20. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules,21 that Infinity Broadcasting Operations Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for willfully and repeatedly violating 18 U.S.C. 1464 and section 73.3999 of the Commission's rules. 21. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty
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- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 201(b), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Metrocall and CTC's Motion To Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Metrocall, Inc. v. Concord Telephone Co., Memorandum Opinion and Order, DA 02-301 (EB
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- of the forfeiture amount.16 We have reviewed Chickasaw's response in light of the statutory factors set forth above, and conclude that Chickasaw has not justified cancellation of the proposed forfeiture but that its overall record justifies a reduction of the forfeiture from $6,000 to $4,800. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to 47 U.S.C. 503(b), and 47 C.F.R. 0.111, 0.311 and 1.80, that Chickasaw Telephone Co. FORFEIT to the United States the sum of four thousand eight hundred dollars ($4,800) for willfully violating the Commission's rules that require U.S. carriers to report actual and forecast number usage. Payment of the forfeiture may be made by mailing a check or money order, payable to the order of the Federal Communications
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- forfeiture amount.12 We have reviewed Digital Teleport's response in light of the statutory factors set forth above, and conclude that Digital Teleport has not justified cancellation of the proposed forfeiture but that its overall record justifies a reduction of the forfeiture from $6,000 to $4,800. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to 47 U.S.C. 503(b), and 47 C.F.R. 0.111, 0.311 and 1.80, that Digital Teleport, Inc. FORFEIT to the United States the sum of four thousand eight hundred dollars ($4,800) for willfully violating the Commission's rules that require U.S. carriers to report actual and forecast number usage. Payment of the forfeiture may be made by mailing a check or money order, payable to the order of the Federal Communications
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- with the Commission's requirements is considered a willful violation.8 Moreover, FullTel's pledge of future compliance does not justify reduction or cancellation of the proposed forfeiture penalty.9 We have reviewed Fulltel's response in light of the statutory factors set forth above, and we affirm the forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to 47 U.S.C. 503(b), and 47 C.F.R. 0.111, 0.311 and 1.80, that FullTel, Inc. FORFEIT to the United States the sum of six thousand dollars ($6,000) for willfully violating the Commission's rules that require U.S. carriers to report actual and forecast number usage. Payment of the forfeiture may be made by mailing a check or money order, payable to the order of the Federal Communications Commission, to the
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- filing requirement. We therefore conclude that a reduction of the forfeiture amount is warranted.10 We have reviewed IDS's response in light of the statutory factors set forth above, and find that IDS has justified a reduction of the proposed forfeiture penalty from $6,000 to $3,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to 47 U.S.C. 503(b), and 47 C.F.R. 0.111, 0.311 and 1.80, that IDS Telcom, LLC FORFEIT to the United States the sum of three thousand dollars ($3,000) for willfully violating the Commission's rules that require U.S. carriers to report actual and forecast number usage. Payment of the forfeiture may be made by mailing a check or money order, payable to the order of the Federal Communications Commission, to
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- it is an intermediate carrier and thus was required to report only utilization data. We have reviewed R&G's response in light of the statutory factors set forth above, and find that R&G has not justified reduction of the proposed forfeiture. Accordingly, we affirm the forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to 47 U.S.C. 503(b), and 47 C.F.R. 0.111, 0.311 and 1.80, that R&G Distribution FORFEIT to the United States the sum of six thousand dollars ($6,000) for willfully violating the Commission's rules that require U.S. carriers to report actual and forecast number usage. Payment of the forfeiture may be made by mailing a check or money order, payable to the order of the Federal Communications Commission, to the
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- subject to effective competition.6 Based on the Cable Services Bureau's finding of effective competition in the Competition Order, Operator's systems in the franchise areas in the communities referenced above are not subject to rate regulation.7 Therefore, we dismiss the complaints that are still pending against Operator's CPST rates beginning May 15, 1994. 2. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the complaints against Operator's CPST rates beginning May 15, 1994 ARE DISMISSED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement
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- the date of refund, to its CPST subscribers within 60 days of the release of this Order. 8. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that Operator's Petition for Reconsideration of Marcus Cable Associates, DA 98- 422, 13 FCC Rcd 10530 (1998) IS DENIED. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 76.962, that Operator's Refund Plan IS NOT ACCEPTED. 10.IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 76.962, that Operator shall refund to subscribers in the franchise area referenced above the total amount of $49,763.16, plus interest
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- IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R 1.106, that In the Matter of Post Newsweek Cable, Inc., DA 95-1071, 10 FCC Rcd 9839 (CSB 1995) and In the Matter of CableOne, Inc., DA 99-923, 14 FCC Rcd 7668 (CSB 1999) ARE MODIFIED TO THE EXTENT INDICATED HEREIN. 3. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- it has already paid, through subscriber credits, the full amount of the refund calculated in its refund plan. 2. Accordingly, IT IS ORDERED that Operator's refund plan IS APPROVED. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator's certificate of compliance IS ACCEPTED. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- of $7.61, we find Operator's actual CPST rate of $7.98 to be unreasonable, effective July 15, 1994 through December 31, 1994. Upon review of Operator's FCC Form 1210, covering the period April 1, 1994 through December 31, 1994, we find Operator's actual CPST rate of $7.98 to be reasonable, effective January 1, 1995. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $7.98, charged by Operator in the community referenced above, effective July 15, 1994 through December 31, 1994, IS UNREASONABLE. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $7.98,
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- $11.71, we find Operator's actual CPST rate of $12.76 to be unreasonable, effective July 15, 1994 through March 31, 1995. Upon review of Operator's FCC Form 1210, covering the period April 1, 1994 through March 31, 1995, we find Operator's actual CPST rate of $12.76 to be reasonable, effective April 1, 1995. 5. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $12.76, charged by Operator in the community referenced above, effective July 15, 1994 through March 31, 1995, IS UNREASONABLE. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of
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- its ability to pay a forfeiture. See PJB Communications of Virginia, Inc., 7 FCC Rcd 2088, 2089 (1992). After reviewing the financial documentation submitted by TV 45, we conclude that it is appropriate to reduce the forfeiture amount from $8,000 to $4,000. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,7 TV 45 Productions, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for failure to ensure that EAS equipment was installed and operational in willful and repeated violation of Section 11.35(a) of the Rules and failure to conduct required weekly and monthly EAS tests in willful and repeated
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Branch Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for its Ackerman, Mississippi, and Bude, Mississippi cable systems and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for its Crosby, Mississippi; Isola, Mississippi; Louise, Mississippi; New Augusta, Mississippi; New Hebron,
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Bayou Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for its Sterlington, Louisiana cable system and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for its Huttig, Arkansas; Strong, Arkansas; Marion, Louisiana and Rocky Branch, Louisiana cable systems. 7. IT
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Milestone Communications, L.P. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the 17 captioned cable systems. 7. IT IS FURTHER ORDERED that Milestone Communications, L.P. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Mattawamkeag Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Mattawamkeag Cablevision place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Centre TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Centre TV, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 KRM Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for its Augusta, Falls Creek, Glidden, Greenwood and Mellen, Wisconsin cable systems and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for its Butternut, Fifield, Hawkins, Prentice and Stetsonville, Wisconsin cable
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- for damages must comply with the requirements set forth in section 1.722 of the Commission's rules.7 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208 and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and 276, sections 64.1300-64.1320 of the Commission's rules, 47 C.F.R. 64.1300-64.1320, and authority delegated by sections 0.111, 0.311, and 1.720-1.736 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.720-1.736, that the above-captioned complaint IS GRANTED in its entirety. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 U.S.C. 208. 2 See 47 C.F.R. 64.1300-64.1320. These rules were promulgated to implement section 276 of the Act, 47 U.S.C. 276. 3
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- April 19, 2002, the Commission's Miami, Florida Resident Agent Office issued a $10,000 Notice of Apparent Liability for Forfeiture (``NAL'') to Leger for the noted violation.2 Leger has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''),4 James Leger IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for operation of radio transmitting equipment without a license in willful and repeated violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- history of prior offenses, ability to pay, and such other matters as justice may require.''16 After reviewing all of the circumstances, we believe a $7,000 forfeiture is appropriate in this case for the apparent broadcast of indecent material. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules,17 that Emmis Radio License Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating 18 U.S.C. 1464 and section 73.3999 of the Commission's rules. 13. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty days of
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- license or authorization. 4. We have reviewed the terms of the Consent Decree and we conclude that the public interest would be served by approving the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j) and 503(b) of the Communications Act, 47 U.S.C. 154(i), 154(j) and 503(b), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree is ADOPTED. 6. AWS shall make its voluntary contribution to the United States Treasury by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Federal Communications Commission, Forfeiture Collection Section, Finance Branch, P.O. Box 73482, Chicago, Illinois
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- The Commission's Forfeiture Policy Statement14 does not explicitly identify a base forfeiture amount for violations of section 73.1207(b) of the rules. However, considering all the facts and circumstances and Commission precedent, we find that a forfeiture of $1,000.00 is apparently warranted.15 IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, 16 and sections 0.111, 0.311 and 1.80 of the rules,17 Concilio Mision Cristiana Fuente de Agua Viva, Inc. is HEREBY NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of one thousand dollars ($1,000.00) for willfully and repeatedly violating section 73.1207(b), which prohibits a broadcast station from rebroadcasting the program or any part thereof of another broadcast station, without obtaining the express, written
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- Complaint, future instances of failing to adhere to our rulings will result in dismissal with prejudice. 6. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208 and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and 276, sections 64.1300-64.1320 of the Commission's rules, 47 C.F.R. 64.1300-64.1320, and authority delegated by sections 0.111, 0.311, and 1.720-1.736 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.720-1.736, that the above-captioned complaint IS DISMISSED WITHOUT PREJUDICE and that this proceeding IS TERMINATED in its entirety. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 U.S.C. 208. 2 See 47 C.F.R. 64.1300-64.1320. The Commission promulgated these rules to implement
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- Complaint, future instances of failing to adhere to our rulings will result in dismissal with prejudice. 6. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208 and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and 276, sections 64.1300-64.1320 of the Commission's rules, 47 C.F.R. 64.1300-64.1320, and authority delegated by sections 0.111, 0.311, and 1.720-1.736 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.720-1.736, that the above-captioned complaint IS DISMISSED WITHOUT PREJUDICE and that this proceeding IS TERMINATED in its entirety. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 U.S.C. 208. 2 See 47 C.F.R. 64.1300-64.1320. The Commission promulgated these rules to implement
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- Complaint, future instances of failing to adhere to our rulings will result in dismissal with prejudice. 6. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208 and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and 276, sections 64.1300-64.1320 of the Commission's rules, 47 C.F.R. 64.1300-64.1320, and authority delegated by sections 0.111, 0.311, and 1.720-1.736 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.720-1.736, that the above-captioned complaint IS DISMISSED WITHOUT PREJUDICE and that this proceeding IS TERMINATED in its entirety. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 U.S.C. 208. 2 See 47 C.F.R. 64.1300-64.1320. The Commission promulgated these rules to implement
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- the VDSL system is warranted. We do not intend to grant further temporary waivers, extending beyond the current June 30, 2003 expiration date, unless it is related to an on-going proceeding in this matter. If Qwest Broadband intends to pursue a permanent waiver of Section 11.61(a)(2)(i)(B), it should do so expeditiously. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,5 Qwest Broadband Services, Inc. IS GRANTED a waiver of Section 11.61(a)(2)(i)(B) of the Rules until June 30, 2003 for the VDSL cable television system. 6. IT IS FURTHER ORDERED that Qwest Broadband Services, Inc. place a copy of this waiver in its system file and post a copy of this waiver at the Qwest
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- find that Operator's total overcharges for the period under review are de minimis and it would not be in the public interest to order a refund. We modify the Prior Orders accordingly. Because our resolution of this issue disposes of Operator's refund liability, we dismiss Operator's Application for Review, which has become moot.15 Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Jones Intercable, Inc., DA 95- 1570, 10 FCC Rcd 8751 (CSB 1995), In the Matter of Jones Intercable, Inc., DA 95-1590, 10 FCC Rcd 8753 (CSB 1995), and In the Matter of Jones Intercable, Inc., DA 95-1591, 10 FCC Rcd 8811 (CSB 1995) ARE
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- order Operator to refund this amount, plus any additional interest accrued to the date of refund, to its CPST subscribers within 60 days of the release of this Order. 7. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R 1.106, that Operator's Petition for Reconsideration IS DENIED. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 76.962, that Operator shall refund to subscribers in the franchise area referenced above the total amount of $16,760.65, plus any additional interest that accrues between July 31, 2002 and the date of refund, within 60 days of the release of this Order. 9. IT IS FURTHER ORDERED, pursuant
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying it s compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- order Operator to refund this amount, plus any additional interest accrued to the date of refund, to its CPST subscribers within 60 days of the release of this Order. 6. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that Operator's petition for reconsideration IS GRANTED. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Time Warner Cable, DA 98-1839, 13 FCC Rcd 19560 (CSB 1998) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 76.962, that Operator shall refund
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- 1, 1995, to be reasonable. 5. Our review of Operator's refund plan for Order, DA 95-2168, reveals that Operator's total overcharges for the period under review are de minimis and it would not be in the public interest to order refunds. We dismiss Operator's refund plan for Order, DA 95-2168, as moot. 6. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $11.75, charged by Operator in the community referenced above, effective May 15, 1994 through December 31, 1994, IS UNREASONABLE. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of
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- above, we reject the refund plan submitted by Operator that includes inter-tier offsets. Upon review of Operator's refund plan that does not include inter-tier offsets ("Amended Refund Plan"),20 we find the refund plan to be acceptable provided Operator's amends the refund plan to include interest to the date of payment of refunds. 7. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $9.46, charged by Operator in the community referenced above, effective July 15, 1994 through March 31, 1996, IS UNREASONABLE. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of
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- 60 days of the release of this Order. 6. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 7. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- 60 days of the release of this Order. 6. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 7. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- 60 days of the release of this Order. 6. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 7. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- from July 31, 2002 to the date of refund, to its CPST subscribers within 60 days of the release of this Order. 7. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that Operator's Petition for Reconsideration IS GRANTED IN PART TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Time Warner Communications, DA 97-1867, 12 FCC Rcd 23757 (1997), IS MODIFIED TO THE EXTENT INDICATED HEREIN. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $22.47, charged
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- We find Operator's actual CPST rate of $13.35, effective January 1, 1996, to be reasonable. 9. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that the petition for reconsideration filed by Operator is GRANTED IN PART AND DENIED IN PART TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Television, Inc., DA 95-938, 11 FCC Rcd 2573 (CSB 1995) and In the Matter of Cencom Cable Television, Inc., DA 97-1210, 12 FCC Rcd 23386 (CSB 1997) ARE MODIFIED TO THE EXTENT INDICATED HEREIN. 11. IT IS
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- of its actual rate charged, and certify that it has provided the refunds. We modify the Prior Order accordingly. 6. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that the petition for reconsideration filed by Operator is GRANTED IN PART TO THE EXTENT INDICATED HEREIN. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In The Matter of Telescripps Cable Company, DA 96-1843, 11 FCC Rcd 14518 (CSB 1996) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $13.09,
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- effective July 1, 1995, does not exceed its MPR of $12.33, we find Operator's actual CPST rate of $11.58, effective July 1, 1995, to be reasonable. 6. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that the petition for reconsideration filed by Operator IS DENIED. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the stay of In The Matter of Suburban Cable TV Co., Inc., DA 95-1226, 10 FCC Rcd 6509 (CSB 1995), granted in Petitions for Stay of Action, DA 95-1795, 10 FCC Rcd 10591 (CSB 1995), IS VACATED. 8. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311
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- principal amount, to its CPST subscribers within 60 days of the release of this Order. 8. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that the petition for reconsideration filed by Operator is GRANTED IN PART AND DENIED IN PART TO THE EXTENT INDICATED HEREIN. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In The Matter of Suburban Cable TV Co., Inc., DA 95-1227, 10 FCC Rcd 6495 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the stay of
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- within 45 days of complainant's receipt of the first bill reflecting the April 1995 CPST rate increase, because complainant did not indicate when she received the April 1995 bill. For these reasons, we dismiss the referenced complaints because we are unable to conclude that the complaints were filed in a timely manner. 4. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the complaints referenced herein against the CPST rates charged by Operator in the community referenced above ARE DISMISSED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former
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- by Operator in its Petition. We modify the Prior Order to exclude any refund liability and dismiss Operator's refund plan as moot. 5. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that Operator's Petition for Reconsideration IS GRANTED IN PART TO THE EXTENT INDICATED HEREIN. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter Global Acquisition Partners, Ltd. d/b/a/ Adelphia Cable Communications, DA 97-244, 12 FCC Rcd 1503 (CSB 1997) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 7. IT IS FURT HER ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and
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- be de minimis, and it would not be in the public interest to order refunds. Therefore, we modify the Prior Order to exclude any refund liability. 5. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that the petition for reconsideration filed by Operator is GRANTED. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In The Matter of Jones Communications of Maryland, Inc., DA 98-1558, 13 FCC Rcd 17685 (CSB 1998) IS MODIFIED TO THE EXTENT INDICATED HEREIN. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- Operator implement its refund plan by January 31, 2003. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 30 days of the payment of refunds certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- rate increases, we find Operator's actual CPST rates to be reasonable beginning May 15, 1994. Therefore, we modify the Prior Order to exclude any refund liability. 5. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that the petition for reconsideration filed by Operator is GRANTED. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In The Matter of Suburban Cable TV Co., Inc., DA 99-878, 14 FCC Rcd 7233 (CSB 1999) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates,
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- the amount of $7,200.2 3. We have reviewed the Consent Decree and evaluated the circumstances underlying the investigation. We believe that the public interest would be served by adopting the Consent Decree and terminating the investigatory proceeding. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended,3 and Sections 0.111 and 0.311 of the Commission's rules,4 the Consent Decree attached hereto IS ADOPTED. 5. IT IS FURTHER ORDERED, That the Notice of Apparent Liability for Forfeiture, OpTel Texas Telecom, Inc., 16 FCC Rcd 8655 (EB 2001) IS HEREBY CANCELLED and the above-captioned investigatory proceeding IS TERMINATED. 6. IT IS FURTHER ORDERED, That a copy of this Memorandum Opinion and Order
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- not all CLECs in Georgia pay a rate of $4.20 and the rate was set for a previous year, not 1998. Given our decision requiring BellSouth to lower its rate to $4.27, we need not reach the issue of whether the $5.03 rate constitutes discrimination in violation of the Pole Attachment Act. 17. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1401-1.1414, that the Complaint IS GRANTED TO THE EXTENT INDICATED HEREIN. 18. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 1.1410 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1410, that the annual pole attachment rate of $5.03, effective April 1, 1998, IS UNREASONABLE. 19.
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Cable & Communications Corporation d.b.a. Mid-Rivers Cable Television IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for its Glendive, Montana cable system, IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for its Sidney, Montana cable system and IS GRANTED a waiver of
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Citizens Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Citizens Cablevision place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Glenwood Telecommunications IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable systems. 7. IT IS FURTHER ORDERED that Glenwood Telecommunications place a copy of this waiver in each of its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Neu Ventures, Inc. d.b.a. Mountain Zone TV Systems IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for its Marfa, Texas cable system and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for its Presidio, Texas; Fort Davis, Texas; Balmorhea, Texas; Marathon, Texas,
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Minerva Valley Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the two captioned cable systems. 7. IT IS FURTHER ORDERED that Minerva Valley Cablevision, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Lovell Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Lovell Cable TV, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Oak Grove Heights Cable Company IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Oak Grove Heights Cable Company place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy
- http://www.fcc.gov/eb/Orders/2002/DA-02-1755A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Panora Telecommunications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Panora Telecommunications, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2002/DA-02-1756A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Herr Cable Company IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Herr Cable Company place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2002/DA-02-1757A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 RGA Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that RGA Cable, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2002/DA-02-1758A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 RAE Cable IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the three captioned cable television systems. 7. IT IS FURTHER ORDERED that RAE Cable place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://www.fcc.gov/eb/Orders/2002/DA-02-1759A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Shaner Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the three captioned cable television systems. 7. IT IS FURTHER ORDERED that Shaner Cable, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
- http://www.fcc.gov/eb/Orders/2002/DA-02-1760A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Pine Tree Cablevision Associates IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for two of the cable television systems listed in Attachment A and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for 20 of the cable television systems listed in Attachment
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- we conclude that there are no substantial and material questions of fact as to whether Qwest possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. 5. Accordingly, IT IS ORDERED, pursuant to section 4(i), 4(j) and 503(b) of the Communications Act, 47 U.S.C. 154(i), 154(j), 503(b) and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree is ADOPTED. 6. IT IS FURTHER ORDERED that the Commission staff inquiry into the matter described here IS TERMINATED. Federal Communications Commission David H. Solomon Chief, Enforcement Bureau References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1770A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1770A1.doc 3. http://transition.fcc.gov/eb/Orders/2002/DA-02-1770A2.html
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- Office issued a Notice of Apparent Liability for Forfeiture (``NAL'')2 in the amount of $5,000 to Mr. McCreary. Mr. McCreary has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``the Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Mr. McCreary IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for willfully violating Section 95.411 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules5 within 30 days of the release of this Order. If the forfeiture is not
- http://www.fcc.gov/eb/Orders/2002/DA-02-1835A1.html
- Florida Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'')2 in the amount of $4,000 to WRHC. WRHC has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, (``the Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 WRHC Broadcasting Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully violating Section 11.35(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules5 within 30 days of the release of this Order. If the forfeiture is
- http://www.fcc.gov/eb/Orders/2002/DA-02-1836A1.html
- Office, issued a Notice of Apparent Liability for Forfeiture (``NAL'')2 in the amount of $2,000 to New Wave. New Wave has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, (``the Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 New Wave Broadcasting, L.P. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for willfully and repeatedly violating Section 11.61(a)(1)(v) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules5 within 30 days of the release of this Order. If
- http://www.fcc.gov/eb/Orders/2002/DA-02-1837A1.html
- Office issued a Notice of Apparent Liability for Forfeiture (``NAL'')2 in the amount of $7,000 to Mr. Bushman. Mr. Bushman has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, (``the Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Mr. Sam Bushman IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 73.49 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules5 within 30 days of the release of this Order. If the
- http://www.fcc.gov/eb/Orders/2002/DA-02-1844A1.html
- in this case.10 Finally, ACS argues that the $1,000 proposed forfeiture for failure to maintain records is unwarranted and should be cancelled. Based on our review of the record, we find that the $1,000 forfeiture assessed for this violation should be cancelled. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 ACS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand dollars ($11,000) for changing the location of the antenna, the overall height above ground of the antenna structure, the height of antenna radiation center above ground, and the height above mean sea level of the 15 above referenced stations, without prior authorization
- http://www.fcc.gov/eb/Orders/2002/DA-02-1850A1.html
- See PJB Communications of Virginia, Inc., 7 FCC Rcd 2088, 2089 (1992). After reviewing the financial documentation submitted by M&R, we conclude that it is appropriate to reduce the forfeiture amount from $10,000 to $5,000. IV. ORDERING CLAUSES 5. ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.80, that M&R Enterprises, Inc. is LIABLE for a FORFEITURE in the amount of five thousand dollars ($5,000) for willfully and repeatedly violating Section 73.3526 of the Commission's rules, 47 C.F.R. 73.3526. 6. Payment of the forfeiture shall be made in the manner provided for in Section 1.80
- http://www.fcc.gov/eb/Orders/2002/DA-02-1887A1.html
- history of prior offenses, ability to pay, and such other matters as justice may require.''11 After reviewing all of the circumstances, we believe a $7,000 forfeiture is appropriate in this case for the apparent broadcast of indecent material. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules,12 that Rubber City Radio Group is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating 18 U.S.C. 1464 and section 73.3999 of the Commission's rules. 12. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty days of
- http://www.fcc.gov/eb/Orders/2002/DA-02-1890A1.html
- this extension will facilitate the possible settlement of these numerous claims, we are satisfied that our action today serves the public interest. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 154(i), 154(j), 208, section 1.3 of the Commission's rules, 47 C.F.R. 1.3, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.011 and 0.311, that section 1.718(a) of the Commission's rules, 47 C.F.R. 1.718(a), IS HEREBY WAIVED, with regard to the IPP EUCL informal complaints described herein and the deadline for the conversion and filing of these informal complaints into formal complaints is hereby extended to June 30, 2003. This waiver is effective
- http://www.fcc.gov/eb/Orders/2002/DA-02-1921A1.html
- Florida Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'')2 in the amount of $21,000 to Fenix. Fenix has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, (``the Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Fenix Broadcasting Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $21,000 for willfully violating Sections 11.35(a), 17.51, and 73.49 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules5 within 30 days of the release of this Order. If
- http://www.fcc.gov/eb/Orders/2002/DA-02-1930A1.html
- figure is publicly reported in ARMIS.40 Additional issues relating to the telephone utilities' regulatory accounting reporting requirements can be addressed as they arise.41 For purposes of this case, however, we affirm the Bureau Order. Nevada Bell has not provided sufficient information or explanation to support its use of an internally generated report. 16. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.106 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.106, that the petition for reconsideration of Nevada State Cable Television Association v. Nevada Bell, PA 96-001, DA 98-1175, 13 FCC Rcd 16774 (CSB 1998), IS DENIED. 17. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that
- http://www.fcc.gov/eb/Orders/2002/DA-02-1931A1.html
- a notice of withdrawal, with prejudice, of the referenced complaint. In its notice of withdrawal, Complainants state that the parties have agreed to settle their dispute. On the basis of the statement contained in the notice, we conclude that there are no longer issues in controversy and therefore, we terminate the proceeding. 2. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1415 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1415, that the referenced complaint IS DISMISSED WITH PREJUDICE and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello Assistant Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving pole attachment complaints from the former Cable Services Bureau to the Enforcement
- http://www.fcc.gov/eb/Orders/2002/DA-02-1932A1.html
- a notice of withdrawal, with prejudice, of the referenced complaint. In its notice of withdrawal, Complainants state that the parties have agreed to settle their dispute. On the basis of the statement contained in the notice, we conclude that there are no longer issues in controversy and therefore, we terminate the proceeding. 2. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1415 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1415, that the referenced complaint IS DISMISSED WITH PREJUDICE and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello Assistant Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving pole attachment complaints from the former Cable Services Bureau to the Enforcement
- http://www.fcc.gov/eb/Orders/2002/DA-02-1935A1.html
- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
- http://www.fcc.gov/eb/Orders/2002/DA-02-1937A1.html
- the release of this Order. 6. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R 1.106, that Operator's petition for reconsideration IS GRANTED and In the Matter of Marcus Cable Associates, LP, DA 99-377, 14 FCC Rcd 3390 (CSB 1999) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 76.962, that Operator shall refund to subscribers in the franchise area referenced above the total amount of $55,435.00, plus any additional interest accruing between September 30, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days
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- substantive standpoint, while we do not accept most of Minority's contentions, we do not find that the licensee has presented facts or legal arguments in a manner lacking good-faith or inconsistent with its right to advocate its views. IV. Ordering Clauses 33. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended,26 and Sections 0.111, 0.311 and 1.80 of the Commission's rules,27 that Minority Television Project, Inc., licensee of noncommercial educational television station KMTP-TV, San Francisco, California, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of Ten Thousand Dollars ($10,000.00) for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. 399b, and Section 73.621
- http://www.fcc.gov/eb/Orders/2002/DA-02-1966A1.html
- prejudice, of the referenced complaint ("Notice"). In the Notice, the parties state that they have reached a full settlement of all claims in the referenced complaint. On the basis of the statement contained in the Notice, we conclude that there are no longer issues in controversy and therefore, we terminate the proceeding. 2. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1415 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1415, that the referenced complaint IS DISMISSED WITH PREJUDICE and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello Assistant Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving pole attachment complaints from the former Cable Services Bureau to the Enforcement
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- hardship. 12. We have examined Sycamore's response to the NAL in light of the above statutory factors and the factors set forth in the Policy Statement. Taking all of these factors into account, we conclude that the proper forfeiture amount is $4,000. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,8 Sycamore Valley Broadcasting, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for repeated and willful violation of the provisions of Sections 11.52(d), 11.61(a), 17.50, 73.1400 and 73.1745(a) of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
- http://www.fcc.gov/eb/Orders/2002/DA-02-2017A1.html
- incorporated by reference. 3. We have reviewed the terms of the Consent Decree and we conclude that the public interest would be served by approving the Consent Decree and terminating the investigation. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j) and 503(b) of the Communications Act, 47 U.S.C. 154(i), 154(j) and 503(b), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree is ADOPTED. 5. Verizon shall make its voluntary contribution to the United States Treasury by mailing a check or similar instrument, or by wire transfer, payable to the order of the Federal Communications Commission, Forfeiture Collection Section, Finance Branch, P.O. Box 73482, Chicago, Illinois 60673-7482.1
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- petitioner submits documentation that accurately reflects the petitioner's current financial status. Madison has not presented sufficient documentation to enable us to evaluate its current financial condition; therefore, we can not accept its claim that it is financially unable to pay the forfeiture.13 IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Madison Broadcasting Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for willfully violating Sections 17.4(g) and 17.50 of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
- http://www.fcc.gov/eb/Orders/2002/DA-02-2070A1.html
- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that CTC Communications, Inc.'s Consent Motion For Extension of Time To File Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718 are hereby waived, and the date on which CTC
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- ability to pay, and such other matters as justice may require.''16 After reviewing all of the circumstances, we believe a $14,000 forfeiture is appropriate in this case for the apparent broadcast of indecent material on two separate occasions. IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules,17 that Entercom Seattle License, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willfully and repeatedly violating 18 U.S.C. 1464 and section 73.3999 of the Commission's rules. 15. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty
- http://www.fcc.gov/eb/Orders/2002/DA-02-2094A1.html
- violation is $2,000. In this case, we believe that no adjustment upward or downward is warranted and that the base forfeiture amount is appropriate. See 47 C.F.R. 1.80(b)(4). IV. Ordering Clauses 8. In view of the foregoing, we conclude that a monetary sanction is appropriate. Accordingly, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Family Life Educational Foundation, licensee of noncommercial educational station KOUZ(FM), Alexandria, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of Two Thousand Dollars ($2,000.00) for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. 399b, and Section 73.503 of the Commission's rules,
- http://www.fcc.gov/eb/Orders/2002/DA-02-2104A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Howard Cable Company IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. 7. IT IS FURTHER ORDERED that Howard Cable Company place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://www.fcc.gov/eb/Orders/2002/DA-02-2105A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Sherman Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Sherman Cablevision place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://www.fcc.gov/eb/Orders/2002/DA-02-2106A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Moosehead Enterprises, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the six captioned cable television systems. 7. IT IS FURTHER ORDERED that Moosehead Enterprises, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
- http://www.fcc.gov/eb/Orders/2002/DA-02-2107A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Television Association of Republic IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Television Association of Republic place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
- http://www.fcc.gov/eb/Orders/2002/DA-02-2108A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 J. Feeney Associates, Inc. d/b/a Chain Lakes Cable IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the 10 captioned cable television systems. 7. IT IS FURTHER ORDERED that J. Feeney Associates, Inc. d/b/a Chain Lakes Cable place a copy of this waiver in its system
- http://www.fcc.gov/eb/Orders/2002/DA-02-2109A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 S & K TV Systems, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the seven captioned cable systems. 7. IT IS FURTHER ORDERED that S & K TV Systems, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of AT&T Corp. to Extend Time in Which to Convert Informal Complaints to Formal Complaints and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718,
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 HUF L.P., IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that HUF L.P. place a copy of these waivers in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 PEC Cable IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that PEC Cable place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Powhatan Point Cable Company, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Powhatan Point Cable Company, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Alpine Cable Television, LLC IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the three captioned cable television systems. 7. IT IS FURTHER ORDERED that Alpine Cable Television, LLC place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Farmers Co- Operative Telephone Company, IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Farmers Co-Operative Telephone Company place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 HLM Cable Corporation IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the five captioned cable television systems. 7. IT IS FURTHER ORDERED that HLM Cable Corporation place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Dodge County Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Dodge County Cablevision, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
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- program that resulted in a CLI of less than 64, it admits that each of the 23 signal leaks identified on April 27, 2000 exceeded the threshold limit of 20 micro-volts. We therefore find that Charter violated Section 76.605(a)(12) of the Rules. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 Charter IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty thousand dollars ($20,000) for failure to comply with the Commission's signal leakage standards and failure to comply with a cease operations order in willful or repeated violation of Sections 76.605(a)(12), 76.611(a), and 76.613(c) of the Rules. 11. Payment of the forfeiture shall
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- in effect beginning May 15, 1994.6 3. Our further review of the record indicates that the total overcharge per subscriber calculated in the First Order is de minimis and it would not be in the public interest to order a refund. Therefore, we modify the First Order to exclude any refund liability. 4. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the complaint referenced herein, against the CPST rates charged by Operator beginning May 15, 1994 in the community referenced above, IS DISMISSED. 5. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of US
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- Anaheim Hills was also provided by the Yorba Linda system at the time the complaint was filed. Based on the Cable Services Bureau's review of Operator's FCC Form 1220 for the Yorba Linda system, we find Operator's March 1, 1995 CPST rate increase for the community of Anaheim Hills to be reasonable. 3. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the complaint referenced herein against the March 1, 1995 CPST rate increase by Operator in the community referenced above IS DENIED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints
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- filed on November 28, 1994 against Operator's alleged October 28, 1994 CPST rate increase. However, our review of the record indicates that Operator did not raise its CPST rates until December 1994, after the complaint was filed. Therefore, we dismiss the referenced complaint because it was not filed in a timely manner. 4. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the complaint referenced herein against the CPST rate charged by Operator in the community referenced above IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former
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- Operator has not already implemented its refund plan. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier rate complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of the Media Bureau, the Wireline Competition Bureau and the
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- rate of $11.93, effective January 1, 1996, does not exceed its MPR of $12.64, we find Operator's actual CPST rate of $11.93, effective January 1, 1996, to be reasonable. 9. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that Operator's petition for reconsideration IS DENIED. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the stay of DA 95-1035, granted in Petitions for Stay of Action, DA 95-1795, 10 FCC Rcd 10591 (CSB 1995), IS VACATED. 11. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $12.46,
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of Complainants For Extension of Time In Which To Convert Informal Complaints To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718,
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- increase the $4,000 base amount on the grounds that the violation occurred on two separate days. Finally, Tarrant argues that we should consider its history of overall compliance with the Rules. We will do so and reduce the $4,000 forfeiture to $3,000. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,6 Tarrant Radio Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for operating Station KZEE(AM) with an antenna input power at a level more than 105% of authorized power in willful and repeated violation of Section 73.1560(a)(1) of the Rules. 11. Payment of the forfeiture shall be
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- as of January 28, 2002, has not been completed. To the extent, if any, that Groveton seeks to rely on its efforts to correct this violation, we note that remedial action, although commendable, will not nullify a forfeiture penalty.4 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),5 and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules,6 Groveton Broadcasting Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for violating Section 17.4(a) of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- reduction of the forfeiture amount is appropriate because AFA disclosed to Commission staff in February 2002 that it was operating KBKC as a satellite station without a waiver of the main studio rule. Accordingly, we reduce the forfeiture from $7,000 to $5,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 American Family Association IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for willful violation of Section 73.1125 of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of Complainants For Extension of Time In Which To Convert Informal Complaints To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718,
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- the amount of $4,800.2 3. We have reviewed the Consent Decree and evaluated the circumstances underlying the investigation. We believe that the public interest would be served by adopting the Consent Decree and terminating the investigatory proceeding. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended,3 and Sections 0.111 and 0.311 of the Commission's rules,4 the Consent Decree attached hereto IS ADOPTED. 5. IT IS FURTHER ORDERED, That the Notice of Apparent Liability for Forfeiture, North County Communications Corp., 16 FCC Rcd 8650 (EB 2001) IS HEREBY CANCELLED and the above-captioned investigatory proceeding IS TERMINATED. 6. IT IS FURTHER ORDERED, That a copy of this Memorandum Opinion and Order
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- contractors.9 Moreover, remedial actions taken to correct the violations, while commendable, are not mitigating factors.10 However, after considering Alpine's overall history of compliance with the Commission's rules, we conclude that it is appropriate to reduce the forfeiture amount from $16,000 to $12,800. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 Alpine Broadcasting Ltd. and Alpine Broadcasting Ltd. Partnership are LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand eight hundred dollars ($12,800) for violating Section 11.35(a) of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- in connection with this factor. See id. at 20.11 12. Consequently, based on our review of Citadel's response in light of the applicable case law, we conclude that Citadel did not violate the statute or the Commission's indecency rule through its broadcast of the ``radio edit'' version of ``The Real Slim Shady.'' IV. ORDERING CLAUSES 13. Accordingly, pursuant to Sections 0.111(a)(7), 0.311 and 1.80(f)(3) of the Commission's rules, 47 C.F.R. 0.111(a)(7), 0.311 and 1.80(f)(3), IT IS ORDERED THAT the Bureau's June 1, 2001, NAL against Citadel Broadcasting Company, licensee of Station KKMG(FM), Pueblo, Colorado, is hereby RESCINDED. 14. IT IS FURTHER ORDERED THAT a copy of this MEMORANDUM OPINION AND ORDER shall be sent by Certified Mail -- Return Receipt Requested
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- separate occasions constitutes a minor violation, we believe that a downward adjustment of the forfeiture amount is appropriate in light of Entercom's record of compliance. After considering all the facts and circumstances, we conclude that a $12,000 forfeiture is appropriate in this case.16 IV. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. 503(b), and 47 C.F.R. 0.111, 0.311 and 1.80, Entercom Seattle License, LLC FORFEIT to the United States the sum of twelve thousand dollars ($12,000) for willfully and repeatedly violating 18 U.S.C. 1464 and 47 C.F.R. 73.3999. 18. Payment of the forfeiture may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture Collection Section,
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Grove Communications Inc. d/b/a Grove Cable Co. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. 7. IT IS FURTHER ORDERED that Grove Communications Inc. d/b/a Grove Cable Co. place a copy of this waiver in its system files. 8. IT IS FURTHER
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Cablecom of Willsboro, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable system. 7. IT IS FURTHER ORDERED that Cablecom of Willsboro, Inc., place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Walworth County Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Walworth County Cablevision, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Pacific Sun Cable Partners, LP IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Pacific Sun Cable Partners, LP place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Hart Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Hart Cable, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://www.fcc.gov/eb/Orders/2002/DA-02-2408A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 NEPSK, Inc. d/b/a Houlton Cable TV IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for the Howland, Maine cable television system and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the Danforth, Island Falls, Medway, Monticello, Oakfield and Patten, Maine cable
- http://www.fcc.gov/eb/Orders/2002/DA-02-2409A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Belhaven Cable TV, Inc., IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Belhaven Cable TV, Inc., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a
- http://www.fcc.gov/eb/Orders/2002/DA-02-2410A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Consolidated Cable, Inc., IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the 11 captioned cable television systems. 7. IT IS FURTHER ORDERED that Consolidated Cable, Inc., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
- http://www.fcc.gov/eb/Orders/2002/DA-02-2411A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Satellite Cable Services, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for each of the 40 cable television systems listed in Attachment A. 7. IT IS FURTHER ORDERED that Satellite Cable Services, Inc. place a copy of these waivers in its system files. 8. IT IS FURTHER ORDERED
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- other information submitted by High Plains, we conclude that temporary, 36-month waivers of Section 11.11(a) for the 23 systems listed in Attachment A are warranted.9 In particular, we find that the $193,200 and $246,100 estimated costs of EAS equipment for these small cable systems could impose financial hardship on High Plains. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,10 High Plains Cablevision I, Ltd. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the 23 cable television systems listed in Attachment A. 6. IT IS FURTHER ORDERED that High Plains Cablevision I, Ltd. place a copy of these waivers in its system files. 7. IT IS FURTHER ORDERED
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 7. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 James Cable Partners, L.P. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for five cable television systems listed in Attachment A and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for 33 cable television systems listed in Attachment A. 8. IT IS
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Great Plains Cable Television, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for its Elgin and Grant, Nebraska cable systems and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for its Arnold, Bancroft, Chapman, Hay Springs, North Bend, Ponca, Sutherland, and
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- this Commission. Furthermore, we believe that it is appropriate to dismiss this complaint without prejudice because Defendant has not yet filed its answer to the complaint.4 Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 201(b), 208, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the formal complaint of National A-1 Advertising, Inc. and 811 Direct, Inc., filed on June 10, 2002, is DISMISSED WITHOUT PREDJUDICE. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Deputy Chief Telecommunications Consumers Division Enforcement Bureau _________________________ 1 47 U.S.C. 208. 2 Id. 201(a), 201(b), 202(a), 214. 3 See Formal Complaint
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Galaxy American Communications, L.L. C. d/b/a CableDirect IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the 316 cable television systems listed in Attachment A. 7. IT IS FURTHER ORDERED that Galaxy American Communications, L.L. C. d/b/a CableDirect place a copy of this waiver in its systems files.
- http://www.fcc.gov/eb/Orders/2002/DA-02-2448A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Ind.Co. Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for two cable television systems in Attachment A and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for 20 cable televisions in Attachment A. 7. IT IS FURTHER ORDERED that
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Brockway Television, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Brockway Television, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2002/DA-02-2450A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Southern Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. 7. IT IS FURTHER ORDERED that Southern Cablevision, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://www.fcc.gov/eb/Orders/2002/DA-02-2451A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 St. John Cable Company and Colfax Highline Cable Company ARE GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that St. John Cable Company and Colfax Highline Cable Company place a copy of these waivers in its system files.
- http://www.fcc.gov/eb/Orders/2002/DA-02-2452A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Heartland Cable System, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the six captioned cable television systems. 7. IT IS FURTHER ORDERED that Heartland Cable System, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
- http://www.fcc.gov/eb/Orders/2002/DA-02-2453A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 CenCom, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the seven captioned cable television systems. 7. IT IS FURTHER ORDERED that CenCom, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://www.fcc.gov/eb/Orders/2002/DA-02-2454A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 TV Cable of Rensselaer Inc., IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for the captioned cable television system. 7. IT IS FURTHER ORDERED that TV Cable of Rensselaer Inc., place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy
- http://www.fcc.gov/eb/Orders/2002/DA-02-2455A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 MidAmerican Cable Systems, LP a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the five captioned cable television systems. 7. IT IS FURTHER ORDERED that MidAmerican Cable Systems, LP place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://www.fcc.gov/eb/Orders/2002/DA-02-2456A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Telnet Communications, L.C. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the 16 captioned cable television systems. 7. IT IS FURTHER ORDERED that Telnet Communications, L.C. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
- http://www.fcc.gov/eb/Orders/2002/DA-02-2457A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Northland Communications, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Northland Communications, Inc. place a copy of these waivers in its systems files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2002/DA-02-2464A1.html
- the petition for reconsideration and request for stay filed by Operator ARE DISMISSED. 8. IT IS FURTHER ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that In the Matter of Triax Midwest Associates, DA 96-545, 11 FCC Rcd 4778 (CSB 1996) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $14.30, charged by Operator in the community referenced above, effective July 15, 1994 December 31, 1994, IS UNREASONABLE. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates charged by
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- INDICATED HEREIN. 13. IT IS FURTHER ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that In the Matter of TCA Cable Partners d/b/a TCA Cable TV, DA 98-2506, 13 FCC Rcd 23577 (CSB 1998) IS MODIFIED TO THE EXTENT INDICATED HEREIN and Operator's request for stay IS DISMISSED. 14. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rate of $13.22, charged by Operator in the community referenced above, effective September 13, 1993 through May 31, 1994, IS UNREASONABLE. 15. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the CPST rates charged
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- issue disposes of Operator's refund liability, we decline to address any other issues raised by Operator in its Petition. 4. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that the petition for reconsideration filed by Operator is GRANTED IN PART TO THE EXTENT INDICATED HEREIN. 5 IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In The Matter of Triax Midwest Associates, LP, DA 97-2068, 13 FCC Rcd 6017 (CSB 1998) IS MODIFIED TO THE EXTENT INDICATED HEREIN. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier
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- principal amount, to its CPST subscribers within 60 days of the release of this Order. 8. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that the petition for reconsideration filed by Operator is GRANTED IN PART AND DENIED IN PART TO THE EXTENT INDICATED HEREIN. 9. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In the Matter of Cencom Cable Entertainment, Inc. and Cencom Cable Income Partners II, LP, DA 95-1008, 10 FCC Rcd 8166 (CSB 1995) IS MODIFIED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R. 76.961, that Operator
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- other grounds, Concilio has not explained why a reduction of the forfeiture based on Concilio's non-profit status by itself would be appropriate. In this regard, we note that Concilio has provided no information suggesting that its financial situation would make payment difficult.15 IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,16 Concilio Mision Cristiana Fuente de Agua Viva IS LIABLE FOR A MONETARY FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willfully and repeatedly violating Section 17.4(g) of the Rules and willfully violating Sections 17.51and 17.57 of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in
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- of the above statutory factors and the factors set forth in the Policy Statement. Taking all of these factors into account, we conclude that neither cancellation nor reduction of the proposed forfeiture is warranted and that the proper forfeiture amount is $7,000. IV. Ordering Clauses 14. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,19 Lightning IS LIABLE FOR A MONETARY FORFEITURE in the amount of $ 7,000 for repeated and willful violation of the Section 302(b) the Act and Section 2.803(a)(1) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 The term "Operator" includes Operator's predecessors and successors in interest. 2 In the Matter of Comcast Cablevision of the South, DA 02- 1703 (EB, released July 17, 2002). 3 The Refund Order required Operator to determine the overcharges
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 The term "Operator" includes Operator's predecessors and successors in interest. 2 In the Matter of Marcus Cable Associates, LP, DA 02-1697 (EB, released July 17, 2002). 3 The Refund Order required Operator to determine the overcharges to cable
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Myvocom, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Myvocom, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall be
- http://www.fcc.gov/eb/Orders/2002/DA-02-2490A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 North Bonneville Community Cable System IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that North Bonneville Community Cable System place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy
- http://www.fcc.gov/eb/Orders/2002/DA-02-2491A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Northland Cable Networks LLC IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Northland Cable Networks LLC place a copy of this waiver in its systems files. 8. IT IS FURTHER ORDERED that a copy of
- http://www.fcc.gov/eb/Orders/2002/DA-02-2492A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Tele-Services, Ltd. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the each of the 17 captioned cable television systems. 7. IT IS FURTHER ORDERED that Tele-Services, Ltd. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
- http://www.fcc.gov/eb/Orders/2002/DA-02-2493A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Americable International Arizona, Inc. and Americable International, Colorado, Inc. ARE GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for their respective captioned cable television systems. 7. IT IS FURTHER ORDERED that Americable International, Arizona, Inc. and Americable International, Colorado, Inc. place a copy of this waiver in its system
- http://www.fcc.gov/eb/Orders/2002/DA-02-2494A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Beck's Cable Systems, IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. 7. IT IS FURTHER ORDERED that Beck's Cable Systems, place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://www.fcc.gov/eb/Orders/2002/DA-02-2495A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Philip R. DeSano and Thomas Corcoran d/b/a SkiSat IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Philip R. DeSano and Thomas Corcoran d/b/a SkiSat place a copy of this waiver in its system file. 8. IT
- http://www.fcc.gov/eb/Orders/2002/DA-02-2496A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Millennium Digital Media Systems, L.L.C. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for six of the cable television systems in Attachment A and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for 26 of the cable television systems listed in Attachment
- http://www.fcc.gov/eb/Orders/2002/DA-02-2497A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Hyde County Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Hyde County Cablevision, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
- http://www.fcc.gov/eb/Orders/2002/DA-02-2498A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Three Forks Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Three Forks Cable TV, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy
- http://www.fcc.gov/eb/Orders/2002/DA-02-2499A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Buford Communications I, L.P. d/b/a Alliance Communications Network, IS GRANTED a waiver of Section 11.11(a) of the Rules until April 1, 2003 for the cable television system in Greenbrier, Arkansas and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the cable television systems in Greersferry, Arkansas; Perryville,
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- serve the public interest by eliminating the expenditure of further time and resources of the Commission. 5. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208 and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and 276, sections 64.1300-64.1320 of the Commission's rules, 47 C.F.R. 64.1300-64.1320, and authority delegated by sections 0.111, 0.311, and 1.720-1.736 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.720-1.736, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 U.S.C. 208. 2 See 47 C.F.R. 64.1300-64.1320. These rules were promulgated to implement section 276 of the Act, 47 U.S.C.
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- of the parties and of this Commission until such time as may actually be necessary. 5. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Waiver of Commission Rule 1.718(a) IS GRANTED. 6. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc., et al. must
- http://www.fcc.gov/eb/Orders/2002/DA-02-2524A1.html
- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 5. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Joint Motion IS GRANTED. 6. IT IS FURTHER ORDERED that the Petition for Temporary Stay IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Petition for Temporary Stay, File No. PA
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of Complainants For Extension of Time In Which To Convert Informal Complaints To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718,
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- this extension will facilitate the possible settlement of these numerous claims, we are satisfied that our action today serves the public interest. 4. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 154(i), 154(j), 208, section 1.3 of the Commission's rules, 47 C.F.R. 1.3, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.011 and 0.311, that section 1.718(a) of the Commission's rules, 47 C.F.R. 1.718(a), IS HEREBY WAIVED, with regard to the IPP EUCL informal complaints described herein and the deadline for the conversion and filing of these informal complaints into formal complaints is hereby extended to September 9, 2002. This waiver is effective
- http://www.fcc.gov/eb/Orders/2002/DA-02-2604A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Northern Communications, Inc., d/b/a Deer River Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Northern Communications, Inc., d/b/a Deer River Cablevision place a copy of this waiver in its system files. 8. IT IS FURTHER
- http://www.fcc.gov/eb/Orders/2002/DA-02-2605A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 County Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television systems. 7. IT IS FURTHER ORDERED that County Cable, Inc., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2002/DA-02-2606A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Papago Oasis, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Papago Oasis, Inc., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2002/DA-02-2607A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Eagle West, LLC. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for thirty-three cable television systems listed in Attachment A. 7. IT IS FURTHER ORDERED that Eagle West, LLC. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
- http://www.fcc.gov/eb/Orders/2002/DA-02-2608A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Upper Peninsula Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the cable television system in Mellen, Michigan and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for the cable television systems in Camey, Michigan; Naubinway, Michigan, and Portage Township,
- http://www.fcc.gov/eb/Orders/2002/DA-02-2609A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Karban TV Systems, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the four above-captioned cable television systems. 7. IT IS FURTHER ORDERED that Karban TV Systems, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a
- http://www.fcc.gov/eb/Orders/2002/DA-02-2610A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Northland Cable Properties, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the six captioned cable systems. 7. IT IS FURTHER ORDERED that Northland Cable Properties, Inc., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
- http://www.fcc.gov/eb/Orders/2002/DA-02-2611A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Pine Rural TV Cable Company IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Pine Rural TV Cable Company place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy
- http://www.fcc.gov/eb/Orders/2002/DA-02-2665A1.html
- financial documentation provided by Faith Bible, we conclude that payment of the proposed $8,000 forfeiture would impose a financial hardship on Faith Bible. Therefore, we will cancel the proposed forfeiture. Nevertheless, we find that it is appropriate to admonish Faith Bible for its willful violation of Section 11.35(a). IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,7 the forfeiture in the amount of eight thousand dollars ($8,000) proposed in the June 4, 2002 NAL issued to Faith Bible College, Inc. IS CANCELLED. 9. IT IS FURTHER ORDERED that Faith Bible IS ADMONISHED for failure to maintain operational EAS equipment at Station WTGF in willful violation of Section 11.35(a) of the Rules.
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 201(b), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the joint motion to dismiss the above-captioned petition with prejudice IS GRANTED. 5. IT IS FURTHER ORDERED that the abo ve-captioned petition IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-267A1.pdf
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- this matter, we conclude that there are no substantial and material questions of fact as to whether Yestel possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. 5. Accordingly, IT IS ORDERED, pursuant to sections 4(i) and 503(b) of the Communications Act, 47 U.S.C. 154(i), 503(b), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the abo ve-captioned case as well as the Commission staff inquiry into the matter described herein ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau CONS ENT DECREE 7. The Enforcement Bureau of the Federal
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- $7,000 for transmission of indecent/obscene materials.14 After considering all the facts and circumstances, we conclude that the base forfeiture amount is the appropriate sanction for each of the two violations described above and that neither an upward nor downward adjustment should be made. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. 503(b), and 47 C.F.R. 0.111, 0.311 and 1.80, Emmis FM License Corp. of Chicago FORFEIT to the United States the sum of fourteen thousand dollars ($14,000) for willfully and repeatedly violating 18 U.S.C. 1464 and 47 C.F.R. 73.3999. 16. Payment of the forfeiture may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture
- http://www.fcc.gov/eb/Orders/2002/DA-02-272A1.html
- for recording a telephone conversation for broadcast without informing the other party of its intention to do so. After considering all the facts and circumstances, we find no reason for reducing that amount. We find that a $4,000 proposed forfeiture is appropriate. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the rules,6 Entercom is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,000 for willfully violating Section 73.1206 of the rules. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the rules,7 within thirty days of this NOTICE OF APPARENT LIABILITY, Entercom SHALL PAY the full amount of the
- http://www.fcc.gov/eb/Orders/2002/DA-02-2737A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Central Valley Cable TV IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 and October 1, 2005 for the above-captioned cable televisions systems. 7. IT IS FURTHER ORDERED that Central Valley Cable TV place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that
- http://www.fcc.gov/eb/Orders/2002/DA-02-2738A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 TV Cable of Winamac, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. 7. IT IS FURTHER ORDERED that TV Cable of Winamac, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy
- http://www.fcc.gov/eb/Orders/2002/DA-02-2739A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 St. Peter Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that St. Peter Cablevision, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
- http://www.fcc.gov/eb/Orders/2002/DA-02-2740A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 NewPath Communications, L.C. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the 14 captioned cable television systems. 7. IT IS FURTHER ORDERED that NewPath Communications, L.C. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://www.fcc.gov/eb/Orders/2002/DA-02-2741A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Post Cablevision of Nebraska, LP IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. 7. IT IS FURTHER ORDERED that Post Cablevision of Nebraska, LP place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a
- http://www.fcc.gov/eb/Orders/2002/DA-02-2742A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Illinet Communications of Central Illinois, L.L.C. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. 7. IT IS FURTHER ORDERED that Illinet Communications of Central Illinois, L.L.C. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED
- http://www.fcc.gov/eb/Orders/2002/DA-02-2743A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 TelePartners, L.L.C. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for two cable television systems in Attachment A and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for 42 cable television systems in Attachment A. 7. IT IS FURTHER ORDERED that TelePartners,
- http://www.fcc.gov/eb/Orders/2002/DA-02-2744A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Youngsville Television Corporation IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Youngsville Television Corporation place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2002/DA-02-2745A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 TV Northeast Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that TV Northeast, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2002/DA-02-2746A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Radcliffe Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Radcliffe Cablevision, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2002/DA-02-2747A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Whitehall Cable TV IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Whitehall Cable TV place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2002/DA-02-2748A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 St. Paul Cooperative Telephone Association, d/b/a St. Paul Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable system. 7. IT IS FURTHER ORDERED that St. Paul Cooperative Telephone Association, d/b/a/ St. Paul Cablevision place a copy of this waiver in its system file. 8.
- http://www.fcc.gov/eb/Orders/2002/DA-02-2749A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Vista III Media, LLC IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the five captioned cable television systems. 7. IT IS FURTHER ORDERED that Vista III Media, LLC place a copy of this waiver in its systems files. 8. IT IS FURTHER ORDERED that a copy of
- http://www.fcc.gov/eb/Orders/2002/DA-02-2750A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Northland Cable Properties Seven Limited Partnership IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. 7. IT IS FURTHER ORDERED that Northland Cable Properties Seven Limited Partnership place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Fourth Consent Motion of Complainants For Extension of Time In Which To Convert Informal Complaints To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R.
- http://www.fcc.gov/eb/Orders/2002/DA-02-2764A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Oldtown Community Systems, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the above-captioned cable television system. 7. IT IS FURTHER ORDERED that Oldtown Community Systems, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
- http://www.fcc.gov/eb/Orders/2002/DA-02-2765A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Waterville Cable TV IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the above-captioned cable television system. 7. IT IS FURTHER ORDERED that Waterville Cable TV place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2002/DA-02-2766A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Princetown Cable Company, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the above-captioned cable television system. 7. IT IS FURTHER ORDERED that Princetown Cable Company, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
- http://www.fcc.gov/eb/Orders/2002/DA-02-2767A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 M-Tek Systems, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the seven captioned cable television systems. 7. IT IS FURTHER ORDERED that M-Tek Systems, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://www.fcc.gov/eb/Orders/2002/DA-02-2768A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 DuBois Communications, Inc. d/b/a DuCom Cable TV IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the seven captioned cable television systems. 7. IT IS FURTHER ORDERED that DuBois Communications, Inc., d/b/a DuCom Cable TV, place a copy of this waiver in its system files. 8. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-2769A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Comstar Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the seven captioned cable television systems. 7. IT IS FURTHER ORDERED that Comstar Cable TV, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
- http://www.fcc.gov/eb/Orders/2002/DA-02-2770A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Sky Cablevision, LLC IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the above-captioned cable television system. 7. IT IS FURTHER ORDERED that Sky Cablevision, LLC place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2002/DA-02-2772A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Carolina Country Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the above-captioned system. 7. IT IS FURTHER ORDERED that Carolina Country Cable, Inc., place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2002/DA-02-2773A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Cass Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the four captioned television systems. 7. IT IS FURTHER ORDERED that Cass Cable TV, Inc., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy
- http://www.fcc.gov/eb/Orders/2002/DA-02-2774A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Rio Cablevision, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the above-captioned systems. 7. IT IS FURTHER ORDERED that Rio Cablevision, Inc., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent by
- http://www.fcc.gov/eb/Orders/2002/DA-02-2775A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 City of Taconite, Minnesota IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the above-captioned system. 7. IT IS FURTHER ORDERED that City of Taconite, Minnesota, place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2002/DA-02-2776A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Hubbard Co-op Cable IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the above-captioned system. 7. IT IS FURTHER ORDERED that Hubbard Co-op Cable, place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://www.fcc.gov/eb/Orders/2002/DA-02-2777A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Golden West Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the above-captioned cable television system. 7. IT IS FURTHER ORDERED that Golden West Cablevision, Inc., place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
- http://www.fcc.gov/eb/Orders/2002/DA-02-2778A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Evertek, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2003 for each of the four captioned television systems. 7. IT IS FURTHER ORDERED that Evertek, Inc., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall be
- http://www.fcc.gov/eb/Orders/2002/DA-02-2779A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Community Antenna Service, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for the above-captioned system. 7. IT IS FURTHER ORDERED that Community Antenna Service, Inc., place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2002/DA-02-2780A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Ridgeway Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the above-captioned cable television system. 7. IT IS FURTHER ORDERED that Ridgeway Cablevision place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://www.fcc.gov/eb/Orders/2002/DA-02-2781A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Riviera Cable TV IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Riviera Cable TV place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
- http://www.fcc.gov/eb/Orders/2002/DA-02-2793A1.html
- conjunction with the Policy Statement as well. As a result of our review, we conclude that Mr. Muoz willfully and repeatedly violated Section 301 of the Act and that he has provided no basis for rescission or reduction of the $10,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,9 Richard Muoz IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Act. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
- http://www.fcc.gov/eb/Orders/2002/DA-02-2799A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Midwest Communication and Construction Company, Inc. d/b/a Midwest Cable, IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Midwest Communication and Construction Company, Inc. d/b/a Midwest Cable, place a copy of this waiver in its system file.
- http://www.fcc.gov/eb/Orders/2002/DA-02-2800A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Midwest Viking Electronics, Inc. d/b/a Polar Cablevision, IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television systems. 7. IT IS FURTHER ORDERED that Viking Electronics, Inc. d/b/a Polar Cablevision, place a copy of this waiver in its systems files. 8. IT IS FURTHER ORDERED
- http://www.fcc.gov/eb/Orders/2002/DA-02-2801A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Western Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules for the captioned cable television system. 7. IT IS FURTHER ORDERED that Western Cablevision, Inc., place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified
- http://www.fcc.gov/eb/Orders/2002/DA-02-2802A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Community Cable Corp. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. 7. IT IS FURTHER ORDERED that Community Cable Corp., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://www.fcc.gov/eb/Orders/2002/DA-02-2803A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Pathway Com-Tel, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Pathway Com-Tel, Inc., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2002/DA-02-2804A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Sky Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Sky Cablevision, Inc., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2002/DA-02-2805A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Treasure Lake Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the above-captioned cable television system. 7. IT IS FURTHER ORDERED that Treasure Lake Communications, Inc., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
- http://www.fcc.gov/eb/Orders/2002/DA-02-2806A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Madison Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. 7. IT IS FURTHER ORDERED that Madison Communications Inc., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://www.fcc.gov/eb/Orders/2002/DA-02-2807A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Plaquemines Cablevision, Inc. d/b/a Cable Management Associates IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Plaquemines Cablevision, Inc. d/b/a Cable Management Associates place a copy of this waiver in its system files. 8. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-2808A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Cable Video Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Cable Video Communications, Inc., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
- http://www.fcc.gov/eb/Orders/2002/DA-02-2809A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Clark Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Clark Cablevision, Inc., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2002/DA-02-2810A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Bradley Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the nine captioned cable television systems. 7. IT IS FURTHER ORDERED that Bradley Communications, Inc., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://www.fcc.gov/eb/Orders/2002/DA-02-2811A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Bonduel Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Bonduel Cable TV, Inc., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
- http://www.fcc.gov/eb/Orders/2002/DA-02-2824A1.html
- District Director of the Commission's Denver, Colorado Field Office (``Denver Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'')2 in the amount of $10,000. Mount Rushmore has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Mount Rushmore IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules5 within 30 days of the release of this Order. If the forfeiture is
- http://www.fcc.gov/eb/Orders/2002/DA-02-2825A1.html
- Field Office (``Denver Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'')2 in the amount of $3,000. Mount Rushmore has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, (``the Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Mount Rushmore IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully violating Sections 73.1350 and 73.1400 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules5 within 30 days of the release of this Order. If the
- http://www.fcc.gov/eb/Orders/2002/DA-02-2863A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Northern Colorado Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Northern Colorado Communications, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
- http://www.fcc.gov/eb/Orders/2002/DA-02-2864A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Northland Cable Television, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the 15 captioned cable television systems listed in Attachment A. 7. IT IS FURTHER ORDERED that Northland Cable Television, Inc., place a copy of this waiver in its systems files. 8. IT IS FURTHER ORDERED that
- http://www.fcc.gov/eb/Orders/2002/DA-02-2865A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Northland Cable Ventures LLC IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the three captioned cable systems. 7. IT IS FURTHER ORDERED that Northland Cable Ventures LLC place a copy of this waiver in its systems files. 8. IT IS FURTHER ORDERED that a copy
- http://www.fcc.gov/eb/Orders/2002/DA-02-2866A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Tel-Star Cablevision, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the six captioned cable television systems. 7. IT IS FURTHER ORDERED that Tel-Star Cablevision, Inc., place a copy of this waiver in its systems files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2002/DA-02-2867A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Sky Cablevision, Ltd. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the five captioned cable television systems. 7. IT IS FURTHER ORDERED that Sky Cablevision, Ltd., place a copy of this waiver in its systems files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2002/DA-02-2868A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Reynolds Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Reynolds Cable TV, Inc. place a copy of this waiver in its system file 8. IT IS FURTHER ORDERED that a copy of this
- http://www.fcc.gov/eb/Orders/2002/DA-02-2869A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 West Texas Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that West Texas Cablevision, Inc. place a copy of these waivers in its systems files. 8. IT IS FURTHER ORDERED that a copy of
- http://www.fcc.gov/eb/Orders/2002/DA-02-2870A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Southwest Cablevision, Inc. d/b/a Cable Management Associates IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. 7. IT IS FURTHER ORDERED that Southwest Cablevision, Inc. d/b/a Cable Management Associates place a copy of these waivers in its systems files. 8. IT IS
- http://www.fcc.gov/eb/Orders/2002/DA-02-2871A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Claiborne Cable TV, Inc. d/b/a Cable Management Associates IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED Claiborne Cable TV, Inc. d/b/a Cable Management Associates that place a copy of this waiver in its system file. 8. IT
- http://www.fcc.gov/eb/Orders/2002/DA-02-2872A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Hoverson Cable TV IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. 7. IT IS FURTHER ORDERED that Hoverson Cable TV place a copy of this waiver in its systems files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2002/DA-02-2873A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 D.E.B. Cabletech, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. 7. IT IS FURTHER ORDERED that D.E.B. Cabletech, Inc., place a copy of this waiver in its systems files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://www.fcc.gov/eb/Orders/2002/DA-02-2876A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Central Texas Communications, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the Lohn, Texas and San Saba, Texas systems. 7. IT IS FURTHER ORDERED that Central Texas Communications, Inc., place a copy of these waivers in its systems files. 8. IT IS FURTHER ORDERED that a copy
- http://www.fcc.gov/eb/Orders/2002/DA-02-2877A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Simpson County Cable T.V., Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the above-captioned cable television system. 7. IT IS FURTHER ORDERED that Simpson County Cable T.V., Inc., place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy
- http://www.fcc.gov/eb/Orders/2002/DA-02-2878A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Western Shore Cable IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Western Shore Cable, place a copy of these waivers in its systems files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://www.fcc.gov/eb/Orders/2002/DA-02-2879A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Gilmer Cable Television Company IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the above-captioned cable television system. 7. IT IS FURTHER ORDERED that Gilmer Cable Television Company place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
- http://www.fcc.gov/eb/Orders/2002/DA-02-2880A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Lamberton Cable TV and Walnut Grove Cable TV ARE GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Lamberton Cable TV and Walnut Grove Cable TV, place a copy of this waiver in its system files. 8. IT
- http://www.fcc.gov/eb/Orders/2002/DA-02-2881A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 New Century Communications, Co. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the 33 cable systems listed in Attachment A. 7. IT IS FURTHER ORDERED that New Century Communications, Co., place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a
- http://www.fcc.gov/eb/Orders/2002/DA-02-2882A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Glass Antenna Systems, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Glass Antenna Systems, Inc., place a copy of these waivers in its systems files. 8. IT IS FURTHER ORDERED that a copy of this
- http://www.fcc.gov/eb/Orders/2002/DA-02-2883A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 City of Norway, Michigan IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. 7. IT IS FURTHER ORDERED that City of Norway, Michigan place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
- http://www.fcc.gov/eb/Orders/2002/DA-02-2884A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Craig Cable Television, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the above-captioned cable television system. 7. IT IS FURTHER ORDERED that Craig Cable Television, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
- http://www.fcc.gov/eb/Orders/2002/DA-02-2885A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Savage Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until April 1, 2003 for the cable television systems in Isle, Minnesota and Sandstone, Minnesota and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the cable television systems in Damum, Minnesota; Floodwood, Minnesota; Greenway,
- http://www.fcc.gov/eb/Orders/2002/DA-02-288A1.html
- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the unopposed motion to dismiss the above-captioned complaint without prejudice IS GRANTED. 5. IT IS FURTHER ORDERED that the above-cap tioned complaint IS DISMISSED WITHOUT PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Cable
- http://www.fcc.gov/eb/Orders/2002/DA-02-2892A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Colane Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the cable television system in Omar, West Virginia and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the cable television systems in Delbarton, West Virginia; Beechcreek, West Virginia;
- http://www.fcc.gov/eb/Orders/2002/DA-02-2893A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Caspian Community TV Corporation IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Caspian Community TV Corporation, place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
- http://www.fcc.gov/eb/Orders/2002/DA-02-2894A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Country Cable LLC IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Country Cable LLC place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://www.fcc.gov/eb/Orders/2002/DA-02-2895A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Sullivan Communications, Inc. d/b/a Pine Forest Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Sullivan Communications, Inc. d/b/a Pine Forest Cablevision, place a copy of this waiver in its system files. 8. IT IS FURTHER
- http://www.fcc.gov/eb/Orders/2002/DA-02-2896A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Community Cable Corporation of PA IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Community Cable Corporation of PA, place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy
- http://www.fcc.gov/eb/Orders/2002/DA-02-2897A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Socorro Satellite Systems IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Socorro Satellite Systems, place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2002/DA-02-2899A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Communications 1 Cablevision, Inc. d/b/a Norway Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Communications 1 Cablevision, Inc. d/b/a Norway Cablevision, Inc. place a copy of this waiver in its system file. 8. IT
- http://www.fcc.gov/eb/Orders/2002/DA-02-2900A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Midcontinent Communications IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for two cable television systems in Attachment A and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for 10 cable television systems in Attachment A. 7. IT IS FURTHER ORDERED that Midcontinent
- http://www.fcc.gov/eb/Orders/2002/DA-02-2901A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Prairieburg Telephone Company, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Prairieburg Telephone Company, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
- http://www.fcc.gov/eb/Orders/2002/DA-02-2902A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 County Line Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that County Line Cablevision, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
- http://www.fcc.gov/eb/Orders/2002/DA-02-2903A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Community Cablevision Co. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for one cable television system in Attachment A and IS GRANTED a waivers of Section 11.11(a) of the Rules until October 1, 2005 for 11 cable televisions systems in Attachment A. 7. IT IS FURTHER ORDERED the
- http://www.fcc.gov/eb/Orders/2002/DA-02-2904A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Jordan-Soldier Valley Telephone Company IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2003 for three captioned cable television systems and IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for two captioned cable televisions systems. 7. IT IS FURTHER ORDERED that Jordan-Soldier Valley Telephone Company place
- http://www.fcc.gov/eb/Orders/2002/DA-02-2905A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 CableAmerica Corporation IS GRANTED a waivers of Section 11.11(a) of the Rules until October 1, 2003 for the Coolidge, Arizona and Maryland Heights, Missouri cable television systems and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the Gilda Bend, Arizona, Eagle Harbor, Michigan, Doolittle and Richland, Missouri
- http://www.fcc.gov/eb/Orders/2002/DA-02-2906A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Northland Cable Properties Eight Limited Partnership IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. 7. IT IS FURTHER ORDERED that Northland Cable Properties Eight Limited Partnership place a copy of these waivers in its systems files. 8. IT IS FURTHER ORDERED that
- http://www.fcc.gov/eb/Orders/2002/DA-02-2907A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 E. D. & D, Inc. d/b/a Haines Cable Tv and Skagway Cable Tv ARE GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that E. D. & D, Inc. d/b/a Haines Cable Tv and Skagway Cable Tv place a
- http://www.fcc.gov/eb/Orders/2002/DA-02-2908A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Com-Link, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Com-Link, Inc. place a copy of these waivers in its systems files. 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://www.fcc.gov/eb/Orders/2002/DA-02-2909A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Kennedy Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for the Reidsville, Georgia cable television system and IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the Cobbtown and Georgia State Prison, Georgia cable television systems. 7. IT IS FURTHER ORDERED
- http://www.fcc.gov/eb/Orders/2002/DA-02-2910A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Dumont Telephone Company IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Dumont Telephone Company place a copy of these waivers in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2002/DA-02-2911A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Basil O. Ellis d/b/a Bocco Cable IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. 7. IT IS FURTHER ORDERED that Basil O. Ellis d/b/a Bocco Cable place a copy of these waivers in its systems files. 8. IT IS FURTHER ORDERED that
- http://www.fcc.gov/eb/Orders/2002/DA-02-2912A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Roome Telecommunications, Inc. d/b/a RTI Cable Television IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Roome Telecommunications, Inc. d/b/a RTI Television place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED
- http://www.fcc.gov/eb/Orders/2002/DA-02-2914A1.html
- Enforcement Bureau's Chicago District Office issued a $17,000 Notice of Apparent Liability for Forfeiture (``NAL'') to Cornbelt Broadcasting for the noted violations.2 Cornbelt Broadcasting has not filed a response. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules,4 Cornbelt Broadcasting Co. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully and repeatedly violating Sections 11.35(a), 17.4(g), and 73.49 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
- http://www.fcc.gov/eb/Orders/2002/DA-02-2917A1.html
- plus franchise fees, if any, and interest on the franchise fee principal amount, to its CPST subscribers within 60 days of the release of this Order. 6. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that the petition for reconsideration filed by Operator is DENIED. 7. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 76.962 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 76.962, that Operator shall refund to subscribers in the franchise area referenced above the total amount of $773,350.00, plus any additional interest accruing between November 30, 2002 and the date of refund, plus franchise fees, if any, and interest on the franchise fee principal amount within 60 days
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 The term "Operator" includes Operator's predecessors and successors in interest. 2 In the Matter of Suburban Cable TV Co., Inc., DA 02-1704 (EB, released July 17, 2002). 3 The Refund Order required Operator to determine the overcharges to
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 The term "Operator" includes Operator's predecessors and successors in interest. 2 In the Matter of Battlefield Cable TV Company, DA 02-2165 (EB, released September 6, 2002). 3 The Refund Order required Operator to determine the overcharges to cable
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- pay the full forfeiture amount; indeed, such a claim would require supporting finnacial information, which VelociTel did not provide. 9. We find, however, upon review of the facts regarding the violations, that a reduction of the forfeiture amount to $10,000 is warranted. IV. Ordering Clauses 10. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,9 VelociTel IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willful violation of the provisions of 17.51(b) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 The term "Operator" includes Operator's predecessors and successors in interest. 2 In the Matter of Marcus Cable Associates,LP, DA 02-1388 (EB, released June 17, 2002). 3 The Refund Order required Operator to determine the overcharges to cable programming
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- of refund, plus franchise fees, if any, and interest on the franchise fees. We modify the Prior Order accordingly. 5. Accordingly, IT IS ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. 1.106, that the petition for reconsideration filed by Operator is GRANTED IN PART TO THE EXTENT INDICATED HEREIN. 6. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that In The Matter of Century Communications Corporation, DA 02- 408, 17 FCC Rcd 3483 (CSB 2002) IS MODIFIED TO THE EXTENT INDICATED HEREIN. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving cable programming services tier
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- conclude that there are no longer issues in controversy and therefore, we accept the withdrawal of the pleadings, dismiss the Complaint with respect to unresolved post- 1998 rate calculations and terminate the proceeding with prejudice. We also grant BellSouth's unopposed request for a short extension of the time for payment of refunds. 4. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1415 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1415, that the referenced complaint IS DISMISSED WITH PREJUDICE TO THE EXTENT INDICATED HEREIN and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello Assistant Chief, Enforcement Bureau _________________________ 1 Section 224 of the Communications Act of 1934, as amended, 47 U.S.C. 224. 2 47 C.F.R. 1.1401-1.1418.
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- a joint notice of settlement and request for dismissal of the Petition and termination of the proceedings. On the basis of the statement contained in the notice, we conclude that there are no longer issues in controversy and therefore, we vacate the stay, dismiss the Petition with prejudice and terminate this proceeding. 2. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311, 1.1403 (d) and 1.1415 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.1403 (d) and 1.1415, that the referenced stay IS VACATED, the referenced petition IS DISMISSED WITH PREJUDICE and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello Assistant Chief, Enforcement Bureau _________________________ 1 47 U.S.C. 224. 2 47 C.F.R. 1.1403. 3 City of Dublin, Georgia v.
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- Forfeiture Guidelines set a base forfeiture amount of $7,000 for transmission of indecent/obscene materials.17 After considering all the facts and circumstances, we conclude that the base forfeiture amount is the appropriate sanction for each of the occasions on which WKQX(FM) broadcast indecent material. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. 503(b), and 47 C.F.R. 0.111, 0.311 and 1.80, Emmis Radio License Corporation FORFEIT to the United States the sum of twenty-one thousand dollars ($21,000) for willfully and repeatedly violating 18 U.S.C. 1464 and 47 C.F.R. 73.3999. 14. Payment of the forfeiture may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture Collection Section,
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Community Communications Company and Affiliates IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for one cable television system in Warrenton, Arkansas and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for 25 cable television systems in the states of Arkansas, Louisiana and
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Miller Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Miller Cablevision, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 North State Cablevision Company IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that North State Cablevision Company place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 N. W. Communications IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the four captioned cable television systems. 7. IT IS FURTHER ORDERED that N. W. Communications place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Houlton Telo-Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the four captioned cable television systems. 7. IT IS FURTHER ORDERED that Houlton Telo-Cable, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Family View Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Family View Cablevision place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Go Cable Services of America, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Go Cable Services of America, Inc. place a copy of this waiver in its system files. 8. IT IS
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Hydaburg Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Hydaburg Cable TV, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Goldston CATV IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Goldston CATV place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Boycom Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for its Butler, Missouri cable system and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for its Wappapello, Missouri cable system. 7. IT IS FURTHER ORDERED that Boycom Cablevision, Inc. place
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Shell Knob Cable TV Co. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Shell Knob Cable TV Co. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Cable Tech Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Cable Tech Cable TV, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Fifth Consent Motion of Complainants For Extension of Time In Which To Convert Informal Complaints To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R.
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- for damages in a subsequent proceeding brought under section 1.722 of the Commission's rules.44 IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 201(b), 208, and 332 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 201(b), 208, 332, section 51.703 of the Commission's rules, 47 C.F.R. 51.703, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the above-referenced complaint filed by Metrocall IS GRANTED IN PART to the extent specified herein, and in all other respects is DENIED, as of the Release Date of this Order. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended,
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- for further litigation and the expenditure of additional time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 208, and 405 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 208, and 405, and section 1.106 of the Commission's rules, 47 C.F.R. 1.106, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the joint motion to dismiss the above-captioned Petition with prejudice IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), 208 and 405 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 208, and 405, and section 1.106 of the Commission's rules, 47 C.F.R. 1.106,
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- the Policy Statement as well. As a result of our review, we conclude that Oberlin willfully and repeatedly violated Section 11.35(a) of the Rules, but we reduce the forfeiture amount from $8,000 to $1,000 based on its inability to pay the forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,7 Oberlin College Student Network, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willful and repeated violation of Section 11.35(a) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- a result of our review, we conclude that Mitchell willfully and repeatedly violated Section 17.4(a) of the Rules and willfully violated Section 73.49 of the Rules, and we find no basis for canceling or reducing the $13,000 forfeiture proposed for these violations. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 Mitchell Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen thousand dollars ($13,000) for willful and repeated violation of Section 17.4(a) of the Rules and willful violation of Section 73.49 of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- 60 days of the release of this Order. 3. IT IS FURTHER ORDERED pursuant to Section 76.962 of the Commission's rules, 47 C.F.R. 76.962, that Operator shall file a certificate of compliance with the Chief, Enforcement Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 The term "Operator" includes Operator's predecessors and successors in interest. 2 In the Matter of Chattanooga Cable TV Company, DA 02-2464 (EB, released October 1, 2002). 3 The Refund Order required Operator to determine the overcharges to cable
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- of this case, we conclude that neither cancellation nor further reduction of the forfeiture is warranted. Accordingly, we find California Speedway is liable in the amount of $8,000 for unlicensed operation of a radio station in violation of Section 301 of the Act. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,32 California Speedway IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for unlicensed operation of a radio station in willful violation of Section 301 of the Act. 17. Payment of the forfeiture shall be made in the manner provided in Section 1.80 of the Rules within 30 days of
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- financial documentation provided by Faith Mountain, we conclude that payment of the proposed $8,000 forfeiture would impose a financial hardship on Faith Mountain. Therefore, we will cancel the proposed forfeiture. Nevertheless, we find that it is appropriate to admonish Faith Mountain for its willful violation of Section 11.52(a). IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 the forfeiture in the amount of eight thousand dollars ($8,000) proposed in the June 19, 2002 NAL issued to Faith Mountain Communications, Inc. IS CANCELLED. 9. IT IS FURTHER OREDERED that Faith Mountain IS ADMONISHED for failure to install EAS equipment at Station WRRL(AM) in willful violation of Section 11.52(a) of the Rules. 10.
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- amount on this basis. Finally, Beacon states that it is attempting to comply with the FCC's rules. However, Beacon's remedial efforts to correct the violation, while commendable, are not a mitigating factor. See Station KGVL, Inc., 42 FCC 2d 258, 259 (1973). IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,7 Beacon Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fifteen thousand dollars ($15,000) for failure to failure to post the Antenna Structure Registration numbers on the WGRP(AM) antenna structures, failure to notify the Federal Aviation Administration that the obstruction lighting was improperly functioning, and failure to repaint the WGRP(AM) antenna
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- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Bestov Broadcasting willfully violated Section 17.51of the Rules, and we find no basis to rescind or reduce the $10,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules,10 Bestov Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 17.51 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Sixth Consent Motion of Complainants For Extension of Time In Which To Convert Informal Complaints To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R.
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- justice may require. We believe that the seriousness of the safety violation warrants the proposed $10,000 forfeiture amount. Accordingly, applying the Forfeiture Policy Statement and statutory factors to the instant case, we conclude that Americom is apparently liable for a $10,000 forfeiture. IV. Ordering Clauses 20. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules,19 Americom Las Vegas Limited Partnership, IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 1.1310 of the Rules. 21. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of
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- of further time and resources of the parties and of the Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208 and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and 276, sections 1.720-1.736 and 64.1300-64.1320 of the Commission's rules, 47 C.F.R. 1.720-1.736, 64.1300-64.1320, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 U.S.C. 208. 2 See 47 C.F.R. 64.1300-64.1320. These rules were promulgated to implement section 276 of the
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- of further time and resources of the parties and of the Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208 and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and 276, sections 1.720-1.736 and 64.1300-64.1320 of the Commission's rules, 47 C.F.R. 1.720-1.736, 64.1300-64.1320, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 U.S.C. 208. 2 See 47 C.F.R. 64.1300-64.1320. These rules were promulgated to implement section 276 of the
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- of the parties and of this Commission until such time as may actually be necessary. 7. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Partial Withdrawal of Informal Complaint and Petition for Additional Extension of Time filed by Indiana Paging Network, Inc. IS GRANTED. 8. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby
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- 73.49 and 73.1350(a) of the Rules, and we find no basis to rescind or reduce the forfeitures proposed for these violations, which total $8,800. However, we cancel the $2,400 forfeiture proposed in the NAL for violation of Section 17.4(a) of the Rules. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,9 Truth Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand eight hundred dollars ($8,800) for willful and repeated violations of Sections 73.49 and 73.1350(a) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Seventh Consent Motion of Complainants For Extension of Time In Which To Convert Informal Complaints To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R.
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- for further litigation and the expenditure of additional time and resources of the parties and this Commission. 4. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 224, and section 1.1415 of the Commission's rules, 47 C.F.R. 1.1415, and authority delegated by sections 0.111, and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the joint motion to dismiss without prejudice the above-captioned complaint filed by Cavalier IS GRANTED in its entirety. 5. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 224, and section 1.1415
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- litigation and the expenditure of additional time and resources of the parties and this Commission.55 IV. ORDERING CLAUSES 23. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), and 224, and section 1.1415 of the Commission's rules, 47 C.F.R. 1.1415, and authority delegated by sections 0.111, and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Order and Request for Information issued by the Cable Services Bureau on June 7, 2000 in the above-captioned proceeding, Cavalier Telephone, LLC v. Virginia Electric and Power Company, Order and Request for Information, 15 FCC Rcd 9563 (Cable Serv. Bur. 2000), IS VACATED in its entirety. 24. IT
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- the licensee. If Media fails to submit such a report or we find that Media has not come into compliance with our antenna structure rules, we will consider issuing an Order to Show Cause commencing a hearing proceeding to revoke Media's licenses. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 Media IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000) for failure to exhibit red obstruction lighting on its antenna structure between sunset and sunrise in repeated and willful violation of Sections 17.4(g) and 17.51(a) of the Rules. 15. IT IS ALSO ORDERED that, pursuant Section 308(b) of the
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- of its installation program or until these temporary waivers expire, whichever occurs first. The initial report is due on January 1, 2003, with subsequent progress reports due on the first business day of each successive month during the waiver period. A final report is due on or before April 1, 2003. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,11 Adelphia Communications Corporation IS GRANTED temporary waivers of Section 11.11(a) of the Rules as specified herein for the 65 cable television systems listed in Attachment A. 6. IT IS FURTHER ORDERED that Adelphia Communications Corporation submit monthly progress reports on its EAS equipment installation program with the Chief of the Technical and Public Safety
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- we believe no factors exist beyond those already considered in the NAL for further reducing the amount of the forfeiture. Based on the totality of the information before us, we conclude that a forfeiture in the total amount of $5,500 is appropriate.10 V. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED, pursuant to section 47 U.S.C. 503(b) and Section 47 C.F.R. 0.111, 0.311, and 1.80, that Northeast Utilities IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand, five hundred dollars ($5,500) for willfully and repeatedly violating 47 C.F.R. 1.17. 16. IT IS FURTHER ORDERED, that payment of this forfeiture shall be made in the manner provided for in 47 C.F.R. 1.80 within 30 days of the release of this
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- of the license for WIPC to Siber was consummated on April 30, 2002. Therefore, it appears that Seggi was no longer the owner of WIPC or the two antenna structures at the time the violations referenced in the NAL occurred. 3. Accordingly, IT IS ORDERED that, pursuant to Section 504(b) of the Communications Act of 1934, as amended,4 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,5 the June 20, 2002 Notice of Apparent Liability issued to Seggi Broadcasting of Florida, Inc. IS CANCELLED. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail return receipt requested to Seggi Broadcasting of Florida, Inc., 2000 Universal Studios, Suite 604, Orlando, Florida
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- Director of the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000.2 Manuel M. Vzquez has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, (``Rules'')4 Manuel M. Vzquez IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules 5 within 30 days of the release of this
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- Field Office (``Kansas City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000.2 Deans Cablevision has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Deans Cablevision IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 17.50 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules 5 within 30 days of the release of this Order. If the forfeiture
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- of the Commission's Los Angeles, California Field Office (``Los Angeles Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'')3 in the amount of $15,000. El Dorado has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,4 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,5 El Dorado IS LIABLE FOR A MONETARY FORFEITURE in the amount of $15,000 for willfully violating Section 303(q) of the Act and Sections 17.23, 17.47(a), 17.48(a), 17.56, and 17.57 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules6 within 30 days
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- parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3, 1.716-18, and 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.3, 1.716-18, 1.720-36, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Joint Motion to Convert Case IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3, 1.716-18, and 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.3, 1.716-18, 1.720-36,
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- counsel to act in accordance with this prohibition in the future.7. Accordingly, it is hereby ORDERED th at, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and sections 1.52, 1.115(d), and 1.711-1.736 of the Commission's rules, 47 C.F.R. 1.52, 1.115(d), 1.711-1.736, and authority delegated by sections 0.111, and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, the filings of DDA referenced herein ARE DISMISSED, and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 For administrative convenience, these filings have been consolidated into one docket. See 47 U.S.C. 154(j). 2 See, e.g., Direct Dial Audio
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- record of compliance with the Commission's rules, we believe a $22,400 forfeiture is appropriate in this case for the apparent broadcast of indecent material on December 7, 2000, December 8, 2000, January 8, 2001, and January 17, 2001. IV. ORDERING CLAUSES 17. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules,13 that Edmund Dinis. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty-two thousand four hundred dollars ($22,400) for willfully violating 18 U.S.C. 1464 and section 73.3999 of the Commission's rules. 18. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty days of
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Eighth Consent Motion of Complainants For Extension of Time In Which To Convert Informal Complaints To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R.
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- the first year rate is $7.48; for areas with an average of three and one-half attachers, the first year rate is $8.16; for areas with an average of three attachers, the first year rate is $8.53. Consequently, we find that Respondent's actual pole attachment rate of $47.25 is not just and reasonable. 10. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1401-1.1418, that the relief requested in the Complaint IS GRANTED TO THE EXTENT INDICATED HEREIN. 11. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 1.1410 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1410, that the annual pole attachment rate of $47.25 IS UNREASONABLE and
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- conjunction with the Policy Statement as well. As a result of our review, we conclude that Mr. Sarmiento willfully and repeatedly violated Section 301 of the Act and that he has provided no basis for rescission or reduction of the $10,000 forfeiture. IV. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,20 Octavio Sarmiento, Jr. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Act. 17. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of Complainant For Extension of Time In Which To Convert Informal Complaint To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadline that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718,
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- and twenty (120) days after the D.C. Circuit's decision on the merits in ACS of Anchorage, Inc. v. FCC, Case No. 01-1059, has become final and appellate remedies have been exhausted. 5. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 154(i), 154(j), 208 and the authority delegated by sections 0.111, 0.311, 1.717, and 1.718 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.717, and 1.718, that Vitelco respond to WorldCom's informal complaint no sooner than ninety (90) days after the D.C. Circuit's decision on the merits in ACS of Anchorage, Inc. v. FCC, Case No. 01-1059, has become final and appellate remedies have been exhausted, but no later than one
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- Allis) ) Application for Review ) ORDER Adopted: December 19, 2002 Released: December 23, 2002 By the Chief, Enforcement Bureau: 1. In this Order, in light of new information provided by Time Warner Entertainment Company, LP,1 we grant reconsideration on our motion of our Order, DA 02-2917,2 and dismiss the underlying complaint in this proceeding. 2. Accordingly, pursuant to sections 0.111 and 0.311 of the Commission's Rules, 47 C.F.R. 0.111 and 0.311, IT IS ORDERED THAT Time Warner Entertainment Company, LP, DA 02-2917 (EB Oct. 31, 2002), and Time Warner Entertainment Company, LP, 17 FCC Rcd 8320 (EB 2002), ARE VACATED. 3. IT IS FURTHER ORDERED THAT the Complaint in this proceeding filed February 28, 1994, the Application for Review, filed
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- December 19, 2002 Released: December 23, 2002 By the Chief, Enforcement Bureau:1 1. In this Order, we reconsider, on our own motion, the refund plan rejected by Cable Services Bureau Order, DA 99-2749.2 In this Order, upon further review, we accept Operator's certification that its previously refunded amount of $151,234.53 satisfies its CPST refund liability. 2. Accordingly, pursuant to sections 0.111 and 0.311 of the Commission's Rules, 47 C.F.R. 0.111 and 0.311, IT IS ORDERED THAT In the Matter of Marcus Cable Associates, LP, DA 99- 2749, 14 FCC Rcd 20760 (CSB 1999) IS MODIFIED AS INDICATED HEREIN. 3. IT IS FURTHER ORDERED THAT the Application for Review in this proceeding, filed January 10, 2000, IS DISMISSED AS MOOT. FEDERAL COMMUNICATIONS
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- of a particular interest rate, based upon past Commission precedent.31 IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208 and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and 276, sections 1.720-1.736 and 64.1300-64.1320 of the Commission's rules, 47 C.F.R. 1.720-1.736, 64.1300-64.1320, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Complainants' motion for default judgment IS GRANTED to the extent indicated herein. 16. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 208, and 276, sections 1.720- 1.736 and 64.1300-64.1320 of the Commission's
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- reviewing Commission records, we conclude that a further downward adjustment of the forfeiture amount based on BanJo's past history of compliance is warranted. We accordingly reduce the total forfeiture amount for BanJo's violations of Sections 1.89(b) and 11.35(a) from $15,000 to $12,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 BanJo Communications Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for willful and repeated violations of Sections 1.89(b) and 11.35(a) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- as well. As a result of our review, we conclude that Alpha willfully violated Section 301 of the Act and Section 1.903(a) of the Rules, and we find no basis for rescission or reduction of the $10,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,9 Alpha Ambulance, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act and Section 1.903(a) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- Furthermore, in view of the complainant's alternative request that we dismiss the complaint with prejudice, we believe that such dismissal is in the public interest. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 201(b), 208, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the formal complaint of Garin Strategic Research Group LLC, d/b/a Peter D. Hart Research Associates, Inc., filed on August 15, 2002, is DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Deputy Chief Telecommunications Consumers Division Enforcement Bureau _________________________ 1 47 U.S.C. 208. 2 See Formal Complaint of Garin
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- the need for further litigation and the expenditure of additional time and resources of the parties and this Commission. 4. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and authority delegated by sections 0.111, and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the joint motion to dismiss with prejudice the above-captioned complaint filed by EarthLink, Inc. IS GRANTED in its entirety. 5. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.720-1.736 of
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of AT&T Corp. to Extend Time in Which to Convert Informal Complaints to Formal Complaints and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718,
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- willful violations of Sections 1.89(b) and 11.35(a) of the Rules. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act,5 and Section 1.106 of the Rules,6 Patrick's petition for reconsideration of the Forfeiture Order in this proceeding IS hereby GRANTED to the extent noted herein. 8. IT IS FURTHER ORDERED that, pursuant to Sections 0.111, 0.311 and 1.80(i) of the Rules,7 the forfeiture in the amount of twenty two thousand dollars ($22,000) issued to Jamie Patrick Broadcasting, Ltd. IS CANCELLED. 9. IT IS FURTHER ORDERED that, Patrick IS ADMONISHED for its failure to respond to Commission correspondence and for its failure to install EAS equipment at Station KTRY-FM in willful violation of Sections 1.89(b) and
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of AT&T Corp. to Extend Time in Which to Convert Informal Complaints to Formal Complaints and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that the informal complaints against Advamtel, LLC d/b/a Plan B Communications, CFW Communications Company & CFW Networks, Inc., Commonwealth Telephone Enterprises
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- having reviewed the record and the Consent Decree, including the incorporated Compliance Plan, we believe that the public interest will be served by adopting the Consent Decree and terminating the Enforcement Bureau's forfeiture proceeding against Fifth Avenue. 4. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended,3 and Section 0.111 and 0.311 of the Commission's Rules,4 the Consent Decree attached to this Order, IS ADOPTED. 5. IT IS FURTHER ORDERED that the Enforcement Bureau's forfeiture proceeding against Fifth Avenue IS TERMINATED. 6. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by Certified Mail Return Receipt Requested to Susan Marshall, Esq., and Vincent
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- Resident Agent Office (``Miami Office'') issued a Notice of Apparent Liability for Forfeiture in the amount of seven thousand dollars ($7,000) to Electronics Unlimited for the noted violations.3 Electronics Unlimited has not filed a response. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act,4 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,5 Electronics Unlimited, IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for marketing a non-compliant high-power cordless telephone in willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in
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- October 29, 2001, the Commission's Miami, Florida, Resident Agent Office issued a Notice of Apparent Liability for Forfeiture in the amount of $7,000 to Lightning for the noted violations.3 Lightning has not filed a response. Based on the information before us, we affirm this forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,4 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,5 Lightning IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules6 within 30 days of
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of AT&T Corp. to Extend Time in Which to Convert Other Informal Complaints to Formal Complaints and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R.
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- a licensee's gross revenues are the best indicator of its ability to pay a forfeiture.12 After reviewing the financial data submitted, we find no evidence in NIE's response that would support cancellation of the forfeiture or a reduction based upon financial hardship. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 New Image Electronics, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for violating Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- by promoting the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the joint motion to dismiss the above-captioned complaint with prejudice IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's
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- Field Office issued a $4,000 Notice of Apparent Liability for Forfeiture (``NAL'') to National Cable for the noted violation.2 National Cable has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules,4 National Cable IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully violating Section 1.89(b) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules5 within 30 days of the release of this Order. If the forfeiture is not
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- long-held position that licensees are responsible for their agents' acts and omissions.4 Turning to WHNY(AM)'s claim of remedial action, we cite to another well-established FCC position: remedial action, although commendable, will not nullify a forfeiture penalty.5 IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),6 and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules,7 C.W.H. Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,500 for willfully violating Sections 17.4(a)(2), 17.51(a), and 73.49 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.808 of the Rules within 30 days of the release of this Order. If
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of AT&T Corp. Requesting An Additional Extension of Time in Which to Convert Other Informal Complaints to Formal Complaints and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our
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- is appropriate. In Citicasters, we specifically put AMFM's corporate parent, Clear Channel Communications, Inc. (``Clear Channel''), on notice that broadcasting a conversation from an answering machine was prohibited by 47 C.F.R. 73.1206.3 We therefore find that a $6,000 proposed forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,4 and Sections 0.111, 0.311 and 1.80 of the Commission's rules,5 AMFM Radio Licenses, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $6,000 for willfully violating Section 73.1206 of the Commission's rules.6 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the rules,7 within thirty days of this NOTICE OF APPARENT LIABILITY, AMFM Radio Licenses,
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- the United States Treasury.2 3. After having reviewed the record and the Consent Decree, including the incorporated Compliance Plan, we believe that the public interest will be served by adopting the Consent Decree and terminating the Enforcement Bureau's forfeiture proceeding against Enron. 4. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Act,3 and Sections 0.111 and 0.311 of the Commission's Rules,4 the Consent Decree attached to this Order, IS ADOPTED. 5. IT IS FURTHER ORDERED that the Enforcement Bureau's forfeiture proceeding against Enron IS TERMINATED. 6. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by Certified Mail Return Receipt Requested to Aileen A. Pisciotta, Kelley Drye Warren
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- ability to pay, and such other matters as justice may require.''24 After reviewing all of the circumstances, we believe a $21,000 forfeiture is appropriate in this case for the apparent broadcast of indecent material on three separate occasions. IV. ORDERING CLAUSES 17. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules,25 that Emmis Radio License Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for willfully and repeatedly violating 18 U.S.C. 1464 and section 73.3999 of the Commission's rules. 18. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty
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- of the parties and of this Commission until such time as may actually be necessary. 8. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Partial Withdrawal of Informal Complaint and Petition for Additional Extension of Time filed by Indiana Paging Network, Inc. IS GRANTED. 9. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby
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- brought to its attention, we note that corrective action taken after notice of a violation, while commendable, does not mitigate the violation.17 However, we conclude that KYS's overall history of compliance does justify reduction of the forfeiture amount from $2,200 to $1,500.18 IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 506(a) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,19 KYS, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violation of the Great Lakes Agreement and Section 80.953(a) and (b) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of AT&T Corp. Resolving Certain Informal Complaints and Requesting An Additional Extension of Time in Which to Convert Other Informal Complaints to Formal Complaints and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that the informal complaints against Intermedia, File No. EB-01-MDIC-0010 and Winstar, File
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- appropriate. 11. We have examined Rodriguez's response to the NAL in light of the above statutory factors and the factors set forth in the Policy Statement. Taking all of these factors into account, we conclude that the proper forfeiture amount is $1,000. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,9 Javier Rodriguez IS LIABLE FOR A MONETARY FORFEITURE in the amount of $1,000 for willful violation of the provisions of Sections 301 of the Act. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- this case. See Riverside Broadcasting, Inc., 15 FCC Rcd 18322 (EB 2000) (NAL paid; licensee found apparently liable for $10,000 forfeiture for denying access to station's public inspection file on June 13 and 14, 2000). IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.80, that M&R Enterprises, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 73.3526 of the Commission's rules, 47 C.F.R. 73.3526. 11. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of AT&T Corp. Resolving Certain Informal Complaints and Requesting An Additional Extension of Time in Which to Convert Informal Complaint Against CTC Telcom to Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that the informal complaints against CT Communications, Inc. and CTC
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- of the parties and of this Commission until such time as may actually be necessary. 7. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.115 and 1.722 of the Commission's rules, 47 C.F.R. 1.115, 1.722, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Metrocall's Consent Motions for Extension of Time, filed on April 5, April 9, and April 12, 2002, ARE GRANTED. 8. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines for Metrocall to file its opposition to Concord's Application for Review under section 1.115 of the Commission's
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- hardship. In support of this contention, New World submitted copies of its 1998, 1999, and 2000 federal income tax returns. Upon review of the financial documentation provided by New World, we believe that reduction of the forfeiture amount to $2,000 is appropriate. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,7 New World Broadcasting Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for violating Sections 11.35(a) and 73.1400(a) of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- of the parties and of this Commission until such time as may actually be necessary. 9. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Partial Withdrawal of Informal Complaint and the Petition for Additional Extension of Time filed by Indiana Paging Network, Inc. ARE GRANTED. 10. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are
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- maintained its automatic alarm systems, which would have led it to discover the lighting violations. Finally, Florida Power argues that we should consider its history of overall compliance with the Rules. We will do so and reduce the $10,000 forfeiture to $8,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Florida Power IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for failure to properly exhibit red obstruction lighting between sunset and sunrise on its antenna structure in willful violation of Section 17.51(a) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for
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- issued a Notice of Apparent Liability for Forfeiture in the amount of twenty two thousand dollars ($22,000) to Patrick for the noted violations.2 Patrick has not filed a response. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Jamie Patrick Broadcasting, Ltd., IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty two thousand dollars ($22,000) for failing to respond to Commission correspondence, failing to install and operate EAS equipment, and failing to maintain a public inspection file in willful violation of Sections 1.89(b), 11.35(a), and 73.3526(a)(2) of the Rules. 4.
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of AT&T Corp. Requesting Additional Extension of Time in Which to Convert Informal Complaint Against CTC Telcom to Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of
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- Director of the Commission's Detroit, Michigan Field Office issued a $17,000 Notice of Apparent Liability for Forfeiture (``NAL'') to Central Transport for the noted violations.3 Central Transport has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act4 and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules,5 Central Transport IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully violating Section 303(q) of the Act and Sections 17.4(a) and 1.89(b) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules6 within 30 days of the release
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- prior offenses, ability to pay, and such other matters as justice may require.''17 15. After reviewing all of the circumstances, we believe that a $7,000 forfeiture is appropriate in this case for the apparent broadcast of indecent material. IV. ORDERING CLAUSES 16. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules,18 that GA-MEX Broadcasting, Inc., and WAZX-FM, Inc., are hereby NOTIFIED of their APPARENT LIABILITY FOR FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating 18 U.S.C. 1464 and section 73.3999 of the Commission's rules. 17. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.11 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.12 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,13 Classic Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until April 1, 2004 for 11 cable television systems listed in Attachment A, IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for 65 cable television systems listed in Attachment A, and IS GRANTED a waiver
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- Act by failing to allow conversion of special access circuits to EELs or by prohibiting the transport of tariffed and UNE traffic over shared DS3 circuits. V. ORDERING CLAUSE 42. ACCORDINGLY, IT IS ORDERED, pursuant to Sections 4(i), 4(j), 201, 208, and 251 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 201, 208, 251 and Sections 0.111 and 0.311 of the Commissions Rules, 47 C.F.R. 0.111 and 0.311 that the formal complaint of Net2000 Communications Services, Inc. against Verizon - Washington, D.C., Inc., Verizon - Maryland, Inc. and Verizon - Virginia, Inc. IS DENIED. 43. IT IS FURTHER ORDERED that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary _________________________ 1 47 U.S.C. 208. 2
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- Hale Broadcasting Corp., Licensee of Radio Station WMTS Murfreesboro, Tennessee, Memorandum Opinion and Order, 79 FCC 2d 169, 171, 5 (1980). 15 The Commission has delegated to the Enforcement Bureau broad authority to serve as ``the primary Commission entity responsible for enforcement of the Communications Act and other communications statutes, the Commission's rules, Commission orders and Commission authorizations.'' 47 C.F.R. 0.111(a), 0.311. This delegated authority expressly includes the authority to ``[i]ssue or draft orders taking or recommending appropriate action in response to complaints or investigations,'' and to ``issue . . . appropriate interlocutory orders and take appropriate action in the exercise of its responsibilities.'' 47 C.F.R. 0.111(a)(14). Where this Forfeiture Order speaks to Commission authority, therefore, it also applies to the
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- that the staff's denial of the subsequently filed Motion for Late-Filed Discovery was reasonable. III. ORDERING CLAUSES 14. Accordingly, for the reasons stated above, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 207, and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 207, 208, and the authority delegated or otherwise established in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the formal complaint filed by San Diego Telephone Company, Inc., San Diego Telecom, Inc., Charles D. Hughen, and Ed Poe IS DENIED. 15. IT IS FURTHER ORDERED that the Application for Review and Motion for Stay filed by the Complainants on July 9, 2001 ARE DENIED. 16. IT IS
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- call, WorldCom must provide the name of a contact person at the SBR, a telephone number for that person, and the SBR's last known address.3132 IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and 276, and sections 0.111, 0.311, 64.1300, and 64.1310 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 64.1300, and 64.1310, that the Joint Request filed on January 7, 2002 is granted, consistent with this Order. 13. IT IS FURTHER ORDERED that this proceeding is terminated. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 1 Joint Request, File No. E-98-49 (filed Jan. 7, 2002) (``Joint Request'').
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- Judge (or presiding officer if one has been designated) shall, at the earliest practicable date, issue an order as to each reciting the events or circumstances constituting a waiver of hearing, terminating the hearing, and certifying RMI's case to the Commission. See Section 1.92(a)-(c) of the Commission's rules, 47 C.F.R. 1.92(a)-(c). 19. IT IS FURTHER ORDERED THAT, pursuant to Section 0.111(b) of the Commission's rules, 47 C.F.R. 0.111(b), the Enforcement Bureau shall serve as trial staff in this proceeding. 20. IT IS FURTHER ORDERED THAT, pursuant to Section 312(d) of the Act, 47 U.S.C. 312(d), and Section 1.91(d) of the Commission's rules, 47 C.F.R. 1.91(d), the burden of proceeding with the introduction of evidence and the burden of proof shall be
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- Chief Administrative Law Judge (or presiding officer if one has been designated) shall, at the earliest practicable date, issue an order reciting the events or circumstances constituting a waiver of hearing, terminating the hearing, and certifying the case to the Commission. See section 1.92(c) of the Commission's rules, 47 C.F.R. 1.92(c). 8. IT IS FURTHER ORDERED THAT, pursuant to section 0.111(b) of the Commission's rules, 47 C.F.R. 0.111(b), the Enforcement Bureau shall serve as trial staff in this proceeding. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 312(d) of the Act, 47 U.S.C. 312(d), and section 1.91(d) of the Commission's rules, 47 C.F.R. 1.91(d), the burden of proceeding with the introduction of evidence and the burden of proof shall be
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- eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, sections 1.711-1.718 of the Commission's rules, 47 C.F.R. 1.711-1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Motion To Dismiss the above-captioned complaint IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, sections 1.711-1.718 of the Commission's rules, 47 C.F.R. 1.711-1.718, and the authority delegated in sections
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- Policy Statement as well. As a result of our review, we conclude that Monroe willfully and repeatedly violated Sections 73.44(b), 73.1201(a)(2) and 73.1745(a) of the Rules, and we find no basis to rescind or reduce the $9,000 forfeiture proposed for these violations. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,16 Monroe Area Broadcasters, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of nine thousand dollars ($9,000) for willful and repeated violations of Sections 73.44(b), 73.1201(a)(2) and 73.1745(a) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- that there are no substantial and material questions of fact as to whether Talk America possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. 4. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act, 47 U.S.C. 154(i), 154(j), and 503(b) and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Decree attached hereto IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) In the Matter of ) File No. EB-00-TC- 007 Talk America, Inc. )
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- the need for further litigation and the expenditure of additional time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and authority delegated by sections 0.111, and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the parties' joint motion to dismiss with prejudice the above- captioned complaint filed IS GRANTED in its entirety. 5. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.720-1.736 of the
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Madison County Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable systems. 7. IT IS FURTHER ORDERED that Madison County Cable, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
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- decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 On July 23, 2002, The Commission granted and equipment authorization for a decoder-only unit.12 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,13 the Joint Petitioners ARE GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for one cable television system in Brandon, South Dakota and ARE GRANTED a waiver of Section 11.11(a) of the Rules until December 31, 2004 for 21 cable television systems in the states of Iowa, Minnesota and South
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Eagle Media, LLC IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the 22 cable television systems in the two captioned states as listed in Attachment A. 7. IT IS FURTHER ORDERED that Eagle Media, LLC place a copy of these waivers in its systems files. 8. IT IS
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Lone Pine Television, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Lone Pine Television, Inc. place a copy of these waivers in its system files. 8. IT IS FURTHER ORDERED that a copy of this
- http://www.fcc.gov/eb/Orders/2003/DA-03-1070A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Tip Top Communications IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. 7. IT IS FURTHER ORDERED that Tip Top Communications place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2003/DA-03-1071A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Elsie Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Elsie Communications, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2003/DA-03-1072A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 The Southern Kansas Telephone Company, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that The Southern Kansas Telephone Company, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Martelle Cooperative Telephone Association IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the Martelle/Morley, Iowa cable television system. 7. IT IS FURTHER ORDERED that Martelle Cooperative Telephone Association place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Cable One, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until February 1, 2003 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Cable One, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://www.fcc.gov/eb/Orders/2003/DA-03-1075A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 WFL Cable Television Associates, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that WFL Cable Television Associates, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of MCI WORLDCOM Network Services, Inc. Requesting Waiver of Section 1.718 of the Commission's Rules and Further Extension of Time In Which to Convert Its Informal Complaint to a Formal Complaint and Toll the Limitations Period IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i),
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- Pinnacle's tower obstructed good visibility of the tower in violation of Section 17.50 of the Rules. Accordingly, we cancel the NAL. Because we are canceling the NAL, we need not address the other arguments raised by Pinnacle in its response. 4. Accordingly, IT IS ORDERED that, pursuant to Section 504(b) of the Communications Act of 1934, as amended,4 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,5 the Notice of Apparent Liability for a Forfeiture, NAL/Acct. No. 200232700016, issued to Pinnacle Towers, Inc. IS CANCELED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail return receipt requested to Pinnacle Towers, Inc., 301 N. Cattlemen Road, 3rd Floor, Sarasota, Florida
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- in conjunction with the Policy Statement as well. As a result of our review, we conclude that Adelphia willfully and repeatedly violated Section 11.61(a) of the Rules, and we find no basis for rescinding or reducing the $2,000 forfeiture for this violation. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Adelphia Communications IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willful and repeated violation of Section 11.61(a) of the Rules. 11. Unless excused by operation of law, payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- of broadcast television and radio stations. Finally, Mediacom believes that it can bring its cable systems into EAS compliance within the next six months. 4. Based upon our review of the information submitted by Mediacom, we conclude that temporary, 12-month waivers of Section 11.11(a) for the 107 cable systems are warranted.7 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,8 Mediacom Communications Corporation IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for 107 cable television systems in Attachment A. 6. IT IS FURTHER ORDERED that Mediacom Communications Corporation place a copy of this waiver in its system files. 7. IT IS FURTHER ORDERED that a copy of this
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Complete Communication Systems IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the Stratford, Iowa cable television system and IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the State Center and Roland, Iowa cable television systems. 7. IT IS FURTHER ORDERED that
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- must be served and filed prior to the initial status conference. See, e.g., 47 C.F.R. 1.726 (replies), 1.729 (discovery). Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 208, and 255 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 208, 255, section 1.3 of the Commission's rules, 47 C.F.R. 1.3, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Unopposed Motion of Complainant for Limited Modification of the Procedural Schedule IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION Colleen K. Heitkamp Chief, Telecommunications Consumers Division Enforcement Bureau _________________________ 1 See O'Day v. Audiovox Communications Corporation and Verizon Wireless, Notice of Formal Complaint, dated February 28, 2003. The Notice inadvertently omitted
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of MCI WORLDCOM Network Services, Inc. Requesting Waiver of Section 1.718 of the Commission's Rules and Further Extension of Time In Which to Convert Its Informal Complaint to a Formal Complaint and Toll the Limitations Period IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i),
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- new financial data and other information submitted by Pacific Sun, we conclude that Pacific Sun has justified a 36-month waiver of Section 11.11(a) of the Rules for the captioned small cable system.12 Accordingly, we grant Pacific Sun's petition for reconsideration. 6. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended,13 and Sections 0.111, 0.204(b), 0.311 and 1.106 of the Rules,14 Pacific Sun Cable Partners, LP's petition for reconsideration IS GRANTED. 7. IT IS FURTHER ORDERED that Pacific Sun Cable Partners, LP IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 8. IT IS FURTHER ORDERED that Pacific Sun Cable Partners, LP place
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 PBT Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. 7. IT IS FURTHER ORDERED that PBT Cable, Inc. place a copy of this Order in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2003/DA-03-11A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Livermore Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable system. 7. IT IS FURTHER ORDERED that Livermore Cable, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall be
- http://www.fcc.gov/eb/Orders/2003/DA-03-1243A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Total TV of Fort Irwin, LLC IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Total TV of Fort Irwin, LLC place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 J & N Cable Systems, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the eight captioned cable television systems. 7. IT IS FURTHER ORDERED that J & N Cable Systems, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Alsea River Cable TV IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Alsea River Cable TV place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
- http://www.fcc.gov/eb/Orders/2003/DA-03-1246A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Johnsonburg Community Television, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Johnsonburg Community Television, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
- http://www.fcc.gov/eb/Orders/2003/DA-03-1247A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Dixie Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Dixie Cablevision, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2003/DA-03-1248A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Starkville Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable systems. 7. IT IS FURTHER ORDERED that Starkville Cablevision, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2003/DA-03-1249A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Mullan Television Company IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Mullan Television Company place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2003/DA-03-1250A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Hawkeye Telephone Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Hawkeye Telephone Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 North American Communications Corporation IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the 27 cable television systems listed in Attachment A. 7. IT IS FURTHER ORDERED that North American Communications Corporation place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that
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- of the parties, and of this Commission, until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- to Gold Coast's argument regarding its inability to pay the proposed forfeiture, we note that it does not submit any financial documentation from which we can assess its ability to pay. Therefore, we decline to reduce the forfeiture amount on this basis. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,6 Gold Coast Broadcasting Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to maintain specified painting on its antenna structure in willful violation of Section 17.50 of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Milford Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the Milford, Iowa cable television system and IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the Blairsburg and Thor, Iowa cable television systems. 7. IT IS FURTHER ORDERED that
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- as well. As a result of our review, we conclude that Morris willfully violated Section 17.4(a) of the Rules, but we reduce the $3,000 forfeiture proposed for this violation to $2,400 in light of Morris's history of compliance with the Commission's rules. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,20 Morris Communications Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand four hundred dollars ($2,400) for willful violation of Section 17.4(a) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Index Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Index Cable TV, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
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- this Order demonstrating that it has filed an antenna structure registration application and an application to correct the station coordinates and installed EAS equipment. Simes' report must be submitted in the form of an affidavit signed by an officer of the licensee. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,17 L.T. Simes, II and Raymond Simes ARE LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Sections 11.35(a), 17.4(a) and 73.1350(a) of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Act, Simes must submit the report described in
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- sections 201(b)13 and 202(a).14 Given these circumstances, we deny Metro Teleconnect's Complaint in its entirety.15 4. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201, 202, 208, and 251 of the Act, 47 U.S.C. 151, 154(i), 154(j), 201, 202, 208, 251, and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720- 1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the above-captioned formal complaint is DENIED, and this proceeding is hereby TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 47 U.S.C. 208. See Formal Complaint, Metro Teleconnect Companies, Inc. v. Verizon Maryland Inc., File No. EB-02- MD-016 (filed Apr. 23, 2002) (``Complaint''). 2 47 U.S.C.
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Assondieu Fortune.2 Mr. Fortune has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''),4 Assondieu Fortune IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- this Commission. Furthermore, in view of the parties' request that we dismiss the complaint with prejudice, we believe that such dismissal is in the public interest. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 201(b), 208, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the formal complaint of MAP Mobile Communications, Inc. v. WorldCom, Inc., et. al., filed on March 6, 2002, is DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Colleen Heitkamp Chief Telecommunications Consumers Division Enforcement Bureau _________________________ 1 47 U.S.C. 208. 2 Id. 201(b), 202(a). 3 See Formal Complaint of MAP Mobile
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Blue Mountain TV Cable Co. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the John Day, Oregon cable television system and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the Dayville, Oregon, Prairie City, Oregon and Seneca, Oregon cable television
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Etan Industries, Inc. d/b/a Cable Management Associates IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the 11 captioned cable television systems. 7. IT IS FURTHER ORDERED that Etan Industries, Inc. d/b/a Cable Management Associates place a copy of this waiver in its system files. 8. IT IS
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Bluebonnet Rural Development Corporation IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the seven captioned cable television systems. 7. IT IS FURTHER ORDERED that Bluebonnet Rural Development Corporation place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Star City Cable TV IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Star City Cable TV place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Protivin Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Protivin Cablevision place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Nex-Tech, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. 7. IT IS FURTHER ORDERED that Nex-Tech, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order shall be
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable system.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 City of Columbus Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. 7. IT IS FURTHER ORDERED that City of Columbus Cablevision place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.11 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.12 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,13 Northwoods Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the seven captioned cable television systems. 7. IT IS FURTHER ORDERED that Northwoods Cable, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Uvision, LLC IS GRANTED a waiver of Section 11.11(a) of the Rules until April 1, 2003 for the Sheridan, Oregon, Stayton, Oregon and Lacomb, Oregon cable television systems and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the Detroit, Oregon cable television system. 7. IT IS FURTHER
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Ebanks.2 Mr. Ebanks has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''),4 Omar A. Ebanks IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $12,000 to Mr. Kamm.2 Mr. Kamm has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''),4 Scott E. Kamm IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,000 for willfully and repeatedly violating Sections of the Commission's Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- York, New York Field Office (``New York Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Charles.2 Mr. Charles has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''),4 Rawlins Charles IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- York, New York Field Office (``New York Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to J Transport.2 J Transport has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''),4 J Transport, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- (``Philadelphia Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $13,000 to Minority Business.2 Minority Business has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Minority Business and Housing Development, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $13,000 for willfully and repeatedly violating Sections 11.35(a) and 73.1350(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- York, New York Field Office (``New York Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Alejandro.2 Mr. Alejandro has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''),4 Fernando Alejandro IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- York, New York Field Office (``New York Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Frederic.2 Mr. Frederic has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''),4 Emmanuel Frederic IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- a hardship on Lighthouse. Furthermore, we note that Lighthouse has recently assigned the license for WBIC(AM) and is no longer a Commission licensee.12 Therefore, we conclude that cancellation of the forfeiture is warranted. Nevertheless, we admonish Lighthouse for its violations of Sections 11.35(a) and 73.1745 of the Rules. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 the forfeiture in the amount of twelve thousand dollars ($12,000) proposed in the July 30, 2002 NAL issued to Lighthouse Broadcasting IS CANCELLED. 15. IT IS FURTHER ORDERED that Lighthouse Broadcasting IS ADMONISHED for failure to maintain operational EAS equipment at WBIC(AM) in violation of Section 11.35(a) of the Rules and failure to reduce
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- above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Mortenson willfully and repeatedly violated Section 17.51(a) of the Rules, but we reduce the forfeiture proposed for this violation from $10,000 to $8,000. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 Mortenson Broadcasting Co. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 17.51(a) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- in conjunction with the Policy Statement as well. As a result of our review, we conclude that Tri-County willfully and repeatedly violated Section 73.1745(a) of the Rules, and we find no basis for reduction of the $4,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 Tri-County Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willful and repeated violation of Section 73.1745(a) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- new agreements in good faith using the Cable Formula as a guide to establishing a reasonable rate. To the extent the Cable Operators have paid the $38.06 rate, we order refunds of the difference between the $38.06 rate and the rates contained in the parties' prior pole attachment agreements. IV. ORDERING CLAUSES 1. Accordingly, IT IS ORDERED, pursuant to sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.1401-1.1418, that the relief requested in the Complaint IS GRANTED TO THE EXTENT INDICATED HEREIN. 2. IT IS FURTHER ORDERED, pursuant to sections 0.111, 0.311, and 1.1410 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.1410, that the annual pole attachment rate of $38.06 IS UNREASONABLE and IS TERMINATED,
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- Office (``New York Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Mexicana.2 Mexicana has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Mexicana Car and Limousine Services IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 90.403(a)(2) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- percentage of Alpha's gross revenues, which have increased in each of the last three years.6 However, as explicitly stated in the Forfeiture Order and set forth below, Alpha may submit a request for full payment of the forfeiture under an installment plan. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act, and Sections 0.111, 0.311 and 1.106(j) of the Rules,7 the petition for reconsideration filed on January 22, 2003 by Alpha Ambulance, Inc. IS DENIED. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not paid within the period specified, the
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $3,000 to Pamal.2 Pamal has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Pamal Broadcasting, Ltd. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully and repeatedly violating 17.57 of the Commission's Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- taken to correct a violation are not mitigating factors warranting reduction of a forfeiture.12 However, after considering SCCC's history of compliance with the Commission's rules, we conclude that reduction of the forfeiture proposed in the NAL from $10,000 to $8,000 is appropriate. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 South Central Communications Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violations of Sections 17.47(a)(2), 17.48(a) and 17.51 of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of Complainants For Extension of Time In Which To Convert Informal Complaints To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208,
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- the statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Titan willfully violated Section 17.4(g) of the Rules, but we reduce the forfeiture for this violation from $3,000 to $2,000. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 Titan Towers, LP IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willful violation of Section 17.4(g) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- Cingular Wireless met the requirements of Section 17.48 of the Rules by promptly reporting the obstruction light outage to the Miami FSS, so that the FSS could open a NOTAM. We therefore find that cancellation of the NAL is warranted. 4. Accordingly, IT IS ORDERED that, pursuant to Section 504(b) of the Communications Act of 1934, as amended,5 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,6 the Notice of Apparent Liability for a Forfeiture, NAL/Acct. No. 200232700023, issued to Florida Cellular Service, LLC. IS CANCELLED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail return receipt requested to Florida Cellular Service, LLC, 17330 Preston Road, Suite 100A, Dallas,
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- of the parties, and of this Commission, until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- because Fibertech has failed to demonstrate the irreparable harm required under section 1.1403(d) of our rules.30 IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED, pursuant to section 1.1403(d) of the Commission's rules, 47 C.F.R. 1.1403(d), sections 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Fibertech's Petition To Stay Termination Of Pole Attachment Rights is dismissed as moot to the extent that it seeks to stay any effort by Duquesne to remove or seek removal of Fibertech's facilities from Duquesne's poles. 15. IT IS FURTHER ORDERED, pursuant to section 1.1403(d) of the Commission's rules,
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- by promoting the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Motion To Dismiss the above-captioned complaint IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R.
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- Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Ashley.2 Ashley has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 John W. Ashley d/b/a Ashley Communications IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 17.50 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that WPGS repeatedly violated Section 17.51 of the Rules, but we reduce the forfeiture proposed for this violation from $10,000 to $1,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 WPGS, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for repeated violation of Section 17.51 of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we believe that the public interest will be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) and (j) of the Communications Act of 1934, as amended,1 and Sections 0.111 and 0.311 of the Commission's Rules,2 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation of Nokia IS TERMINATED. 7. IT IS FURTHER ORDE RED that a copy of this Order shall be sent by first class mail and certified mail, return receipt requested, to Richard W. Stimson, Vice President,
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- of the parties and of this Commission until such time as may actually be necessary. 5. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Notesan's Request for Waiver of Commission Rule 1.718(a) IS GRANTED. 6. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadline that would otherwise apply under section 1.718 of the Commission's rules, 47 C.F.R. 1.718, is hereby waived. Notesan Pty Ltd.'s prior June 6, 2003 conversion date
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- for further litigation and expenditure of additional time and resources of the parties and this Commission.33 III. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and section 1.727 of the Commission's rules, 47 C.F.R. 1.727, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Complainant's Motion to Dismiss the Proceeding Without Prejudice IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and section 1.727 of the Commission's rules, 47 C.F.R. 1.727, and the authority delegated
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- the need for further litigation and the expenditure of additional time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Joint Motion for Dismissal of the above-captioned proceeding IS GRANTED. 5. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority
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- as well. As a result of our review, we conclude that Roser repeatedly violated Sections 11.35(a) and 11.61(a) of the Rules and find that, while there is no basis for cancellation of the proposed monetary forfeiture, a reduction to $8,800 is warranted. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,15 Roser IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars eight hundred ($8,800) for failing to have a fully operational EAS installed, failing to determine and log the reasons for the failure of its EAS apparatus to receive test transmissions, and failing to transmit the required monthly EAS tests, in
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- the parties to await the Court's review of the Liability Order, we are satisfied that our action today serves the public interest. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 154(i), 154(j), 208, section 1.3 of the Commission's rules, 47 C.F.R. 1.3, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that section 1.718(a) of the Commission's rules, 47 C.F.R. 1.718(a), IS HEREBY WAIVED, with regard to the IPP EUCL informal complaints described herein and the deadline for the conversion and filing of these informal complaints into formal complaints is hereby extended to June 30, 2004. This waiver is effective
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- taken by Amethyst to ensure that the radio was not used, we believe that cancellation of the forfeiture is appropriate. Nevertheless, we find that it is also appropriate to admonish Amethyst for its violation of Section 301 of the Act, which caused harmful interference to Coast Guard operations. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 0.111, 0.311, and 1.80(f)(4) of the Rules,7 the forfeiture in the amount of ten thousand dollars ($10,000) proposed in the June 5, 2002 NAL issued to Amethyst International, Inc. IS CANCELLED. 12. IT IS FURTHER ORDERED that Amethyst IS ADMONISHED for its unlicensed operation of a marine coast station on VHF Marine Channel 16 (156.8 MHz) from the Beach Motel in
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Bloom.2 Mr. Bloom has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''),4 Brian N. Bloom IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- April 9, 2003, after the October 1, 2002 deadline for cable systems serving 10,000 or fewer subscribers to install EAS equipment. We find that Lycom was in violation of the requirement in Section 11.11(a) of the Rules to install EAS equipment by October 1, 2002. We admonish Lycom for this violation. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,10 Lycom Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from April 9, 2003 until October 1, 2003 for the Louisa, Kentucky cable television system, and IS GRANTED waivers of Section 11.11(a) of the Rules from April 9, 2003 until October 1, 2005 for the cable television systems in Blaine, Kentucky,
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- the October 1, 2002 deadline for cable systems serving 10,000 or fewer subscribers to install EAS equipment. We find that Town of Levan was in violation of the requirement in Section 11.11(a) of the Rules to install EAS equipment by October 1, 2002. We admonish Town of Levan for this violation. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,10 Town of Levan, Utah d/b/a Levan Town Cable Systems IS GRANTED a waiver of Section 11.11(a) of the Rules from April 11, 2003 until October 1, 2005 for the captioned cable television system. 6. IT IS FURTHER ORDERED that Town of Levan, Utah d/b/a Levan Town Cable Systems IS ADMONISHED for violating the requirement
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- October 9, 2002, after the October 1, 2002 deadline for cable systems serving 10,000 or fewer subscribers to install EAS equipment. We find that Willamette was in violation of the requirement in Section 11.11(a) of the Rules to install EAS equipment by October 1, 2002. We admonish Willamette for this violation. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,10 Willamette Broadband, LLC IS GRANTED a waiver of Section 11.11(a) of the Rules until April 1, 2003 for the three captioned cable television systems. 6. IT IS FURTHER ORDERED that Willamette Broadband, LLC IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS equipment by October 1, 2002. 7.
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- a two-week period. Finally, Bee Line believes that it can bring the captioned cable systems into EAS compliance by November 1, 2002. 4. Based upon our review of the information submitted by Bee Line, we conclude that temporary, one-month waivers of Section 11.11(a) for the two captioned cable systems are warranted.7 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,8 Bee Line, Inc. / Bee Line Cable TV IS GRANTED a waiver of Section 11.11(a) of the Rules until November 1, 2002 for the two captioned cable television systems. 6. IT IS FURTHER ORDERED that Bee Line, Inc. / Bee Line Cable TV place a copy of this waiver in its system files. 7.
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- we are not persuaded that Alltel's history of overall compliance justifies a reduction in the forfeiture in light of the NOV issued on September 17, 2001 for a very similar violation and several other NOVs issued to Alltel regarding Part 17 violations.9 IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 Missouri RSA No. 2 Partnership d.b.a. Alltel IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to clean and repaint its antenna structure to maintain good visibility in willful violation of Section 17.50 of the Rules. 8. Payment of the forfeiture shall be made in the manner
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of MCI WORLDCOM Network Services, Inc. Requesting Waiver of Section 1.718 of the Commission's Rules and an Extension of Time In Which to Convert Its Informal Complaint to a Formal Complaint and Toll the Limitations Period IS GRANTED. IT IS FURTHER ORDERED pursuant to sections 4(i),
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- 2002, after the October 1, 2002 deadline for cable systems serving 10,000 or fewer subscribers to install EAS equipment. We find that Coleman County was in violation of the requirement in Section 11.11(a) of the Rules to install EAS equipment by October 1, 2002. We admonish Coleman County for this violation. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,8 Coleman County Telephone Cooperative, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from November 5, 2002 until April 1, 2003 for the captioned cable television system. 6. IT IS FURTHER ORDERED that Coleman County Telephone Cooperative, Inc. is ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install
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- in conjunction with the Policy Statement as well. As a result of our review, we conclude that St. Louis Mobile repeatedly violated Section 17.4(a) of the Rules, and we find no basis for cancellation or reduction of the forfeiture proposed for this violation. IV. ORDERING CLAUSES 11. Accordingly, IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules,14 St. Louis Mobile Systems Inc. IS LIABLE for a monetary forfeiture in the amount of three thousand dollars ($3,000) for repeated violation of Section 17.4(a) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days of the release of
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- Act and the Commission's rules do not allow the Commission to award attorney's fees or costs. 34 We therefore deny Mills' request for such an award. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j), and 208 of the Communications Act of 1934 as amended, 47 U.S.C. 154(i), 154(j), 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Motion for Dismissal of Mills Fleet Farm, Inc. and for an Award of Attorney's Fees is GRANTED in part and DENIED in part, as set forth above. 15. IT IS FURTHER ORDERED that the above-captioned formal complaint IS DISMISSED WITH PREJUDICE as to Mills Fleet Farm, Inc., and
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- Policy Statement as well. As a result of our review, we conclude that VoiceStream repeatedly violated Section 17.51(b) of the Rules and find that, while there is no basis for cancellation of the proposed monetary forfeiture, a reduction to $8,000 is warranted. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 VoiceStream IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for failure to continuously exhibit all high intensity and medium intensity obstruction lighting, in repeated violation of Section 17.51(b) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- (``Denver Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Verizon Wireless.2 Verizon Wireless has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Verizon Wireless (VAW) LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Sections 17.23 and 17.50 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- Office (``Kansas City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Mediacom.2 Mediacom has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Mediacom IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully violating Section 11.35 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not paid
- http://www.fcc.gov/eb/Orders/2003/DA-03-219A1.html
- Office (``New Orleans Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $7,000 to Tralyn.2 Tralyn has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Tralyn Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Sections 11.61(a)(2)(i)(A) and 73.3526(a)(2) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
- http://www.fcc.gov/eb/Orders/2003/DA-03-2200A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Cable Services, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. 7. IT IS FURTHER ORDERED that Cable Services, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://www.fcc.gov/eb/Orders/2003/DA-03-2201A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Eagles Mere - Laporte Cablevision, Inc. d/b/a Commuter Cable Television. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable systems. 7. IT IS FURTHER ORDERED that Eagles Mere - Laporte Cablevision, Inc. d/b/a Commuter Cable Television place a copy of this waiver in its
- http://www.fcc.gov/eb/Orders/2003/DA-03-2202A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, 12 Indevideo Company, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the six captioned cable television systems. 7. IT IS FURTHER ORDERED that Indevideo Company, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
- http://www.fcc.gov/eb/Orders/2003/DA-03-2203A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Colstrip Cable TV Company IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Colstrip Cable TV Company place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
- http://www.fcc.gov/eb/Orders/2003/DA-03-2204A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Data Video Systems, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Data Video Systems, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
- http://www.fcc.gov/eb/Orders/2003/DA-03-2205A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Southeast Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the seven captioned cable television systems. 7. IT IS FURTHER ORDERED that Southeast Cable TV, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
- http://www.fcc.gov/eb/Orders/2003/DA-03-2207A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Clearvison Cable Systems, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. 7. IT IS FURTHER ORDERED that Clearvision Cable Systems, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
- http://www.fcc.gov/eb/Orders/2003/DA-03-2208A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12Tolna Community Development Corp. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the captioned cable television system. 7. IT IS FURTHER ORDERED that Tolna Community Development Corp. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of
- http://www.fcc.gov/eb/Orders/2003/DA-03-2209A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Green Hills Communications, Inc. d/b/a Green Hills Multi-Media IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Green Hills Communications, Inc. d/b/a Green Hills Multi-Media place a copy of this waiver in its system files. 8.
- http://www.fcc.gov/eb/Orders/2003/DA-03-220A1.html
- Diego Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to North American.2 North American has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 North American Broadcasting Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully violating Section 73.1560(a)(1) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
- http://www.fcc.gov/eb/Orders/2003/DA-03-2210A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Piedmont Cable Corporation IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Piedmont Cable Corporation place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2003/DA-03-2212A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Cable Co-Op IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Cable Co-Op place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://www.fcc.gov/eb/Orders/2003/DA-03-2213A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 US Cable of Coastal- Texas, L.P. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the 37 cable television systems listed in Attachment A. 7. IT IS FURTHER ORDERED that US Cable of Coastal-Texas, L.P. place a copy of this waiver in its system files. 8. IT IS
- http://www.fcc.gov/eb/Orders/2003/DA-03-2214A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Scioto Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Scioto Cablevision place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://www.fcc.gov/eb/Orders/2003/DA-03-2215A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.9 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.10 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,11 Northwest Community Communications, Inc. IS DENIED a waiver of Section 11.11(a) of the Rules for the captioned cable television system. 7. IT IS FURTHER ORDERED that Northwest Community Communications, Inc. is afforded until February 1, 2002 to bring the captioned cable television system into compliance with Section 11.11(a). 8. IT IS FURTHER ORDERED that
- http://www.fcc.gov/eb/Orders/2003/DA-03-2216A1.html
- radio stations and other sources. Finally, Houlton Cable believes that it can install the equipment upgrades and EAS equipment within the next year. 4. Based upon our review of the financial data and other information submitted by Houlton Cable, we conclude that a temporary, 12-month waiver of Section 11.11(a) is warranted.9 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,10 NEPSK, Inc. d/b/a Houlton Cable TV IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003. 6. IT IS FURTHER ORDERED that NEPSK, Inc. d/b/a Houlton Cable TV place a copy of this waiver in its system file. 7. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2003/DA-03-2217A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Langco, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Langco, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent
- http://www.fcc.gov/eb/Orders/2003/DA-03-2218A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 MIM Cable Co. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that MIM Cable Co. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2003/DA-03-221A1.html
- Office (``Kansas City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $2,000 to Qwest.2 Qwest has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Qwest Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for willfully violating Section 17.4(g) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not
- http://www.fcc.gov/eb/Orders/2003/DA-03-2221A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Farmers Telephone Cooperative, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Farmers Telephone Cooperative, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this
- http://www.fcc.gov/eb/Orders/2003/DA-03-222A1.html
- Orleans Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $17,000 to Metro Birch.2 Metro Birch has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Metro Birch IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully violating Sections 73.49 and 73.3526(a)(2) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
- http://www.fcc.gov/eb/Orders/2003/DA-03-2232A1.html
- a reduction of the forfeiture amount is warranted. Consequently, after factoring in the appropriate downward adjustment criteria related to Atlantic Beach Radio's good faith effort, history of overall compliance, and inability to pay, we will reduce the $12,000 forfeiture amount to $4,000. IV. Ordering Clauses 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act,22 and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules,23 Atlantic Beach Radio Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for repeatedly violating Sections 11.35 and 73.1745 of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.8024 of the Rules within 30 days of the release of this Order.
- http://www.fcc.gov/eb/Orders/2003/DA-03-2243A1.html
- of flux of the EAS system in the Marianas, we conclude that temporary, 36 month waivers of Section 11.11(a) for the two captioned cable systems are warranted.9 In particular, we find that the estimated $34,750 cost of EAS equipment for this small cable system could impose a financial hardship on MCV. 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,10 Marianas Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules for the two captioned cable television systems until October 1, 2005. 7. IT IS FURTHER ORDERED that Marianas Cablevision, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
- http://www.fcc.gov/eb/Orders/2003/DA-03-2244A1.html
- radio stations. Finally, Hancel believes that it can bring the two cable systems into compliance with EAS requirements by December 1, 2002. 4. Based upon our review of the information submitted by Hancock Video, we conclude that temporary, two-month waivers of Section 11.11(a) for the two captioned cable systems are warranted.7 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,8 Hancel, Inc. d/b/a Hancock Video IS GRANTED a waiver of Section 11.11(a) of the Rules until December 1, 2002 for the two captioned cable television systems. 6. IT IS FURTHER ORDERED that Hancel, Inc. d/b/a Hancock Video place a copy of this waiver in its system files. 7. IT IS FURTHER ORDERED that a
- http://www.fcc.gov/eb/Orders/2003/DA-03-2245A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 John W. Jones d/b/a Highland Cable IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that John W. Jones d/b/a Highland Cable place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that
- http://www.fcc.gov/eb/Orders/2003/DA-03-2246A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Blakely Cable Television, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the cable television system in Blakely, Georgia and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the cable television systems in Columbia, Alabama; Baconton, Georgia; Leary, Georgia; Morgan,
- http://www.fcc.gov/eb/Orders/2003/DA-03-2247A1.html
- review of the financial data and other information submitted by Nucentrix, we conclude that temporary, 36-month waivers of Section 11.11(a) for the 55 cable television systems are warranted.9 In particular, we find that the estimated $250,000 cost of EAS equipment for these cable systems could impose a financial hardship on Nucentrix. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,10 Nucentrix Broadband Network, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the 55 cable television systems listed in Attachment A. 6. IT IS FURTHER ORDERED that Nucentrix Broadband Networks, Inc. place a copy of these waivers in its system files. 7. IT IS FURTHER ORDERED that
- http://www.fcc.gov/eb/Orders/2003/DA-03-2248A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 South Central Communications d/b/a Southwest Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that South Central Communications d/b/a Southwest Cablevision place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that
- http://www.fcc.gov/eb/Orders/2003/DA-03-2249A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Antilles Wireless, L.L.C. d/b/a USA Digital IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Antilles Wireless, L.L.C. d/b/a USA Digital place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that
- http://www.fcc.gov/eb/Orders/2003/DA-03-2250A1.html
- October 11, 2002, after the October 1, 2002 deadline for cable systems serving 10,000 or fewer subscribers to install EAS equipment. We find that Winnebago was in violation of the requirement in Section 11.11(a) of the Rules to install EAS equipment by October 1, 2002. We admonish Winnebago for this violation. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,8 Winnebago Cooperative Telephone Association IS GRANTED a waiver of Section 11.11(a) of the Rules from October 11, 2002 until April 1, 2003 for the captioned cable television system. 6. IT IS FURTHER ORDERED that Winnebago Cooperative Telephone Association is ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS equipment
- http://www.fcc.gov/eb/Orders/2003/DA-03-2251A1.html
- October 4, 2002, after the October 1, 2002 deadline for cable systems serving 10,000 or fewer subscribers to install EAS equipment. We find that Fairfield was in violation of the requirement in Section 11.11(a) of the Rules to install EAS equipment by October 1, 2002. We admonish Fairfield for this violation. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,9 Fairfield Communications IS GRANTED a waiver of Section 11.11(a) of the Rules from October 4, 2002 until October 1, 2003 for the captioned cable television system. 6. IT IS FURTHER ORDERED that Fairfield Communications is ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS equipment by October 1, 2002.
- http://www.fcc.gov/eb/Orders/2003/DA-03-2252A1.html
- 2002, after the October 1, 2002 deadline for cable systems serving 10,000 or fewer subscribers to install EAS equipment. We find that D&P Cable was in violation of the requirement in Section 11.11(a) of the Rules to install EAS equipment by October 1, 2002. We admonish D&P Cable for this violation. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,8 D&P Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from October 21, 2002 until April 1, 2003 for the captioned cable television system. 6. IT IS FURTHER ORDERED that D&P Cable, Inc. is ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS equipment by October
- http://www.fcc.gov/eb/Orders/2003/DA-03-2299A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Dalton Telephone Company, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Dalton Telephone Company, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
- http://www.fcc.gov/eb/Orders/2003/DA-03-22A1.html
- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of MCI WORLDCOM Network Services, Inc. Requesting Waiver of Section 1.718 of the Commission's Rules and an Extension of Time In Which to Convert Its Informal Complaint to a Formal Complaint and Toll the Limitations Period IS GRANTED. IT IS FURTHER ORDERED pursuant to sections 4(i),
- http://www.fcc.gov/eb/Orders/2003/DA-03-2300A1.html
- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Oregon Cable Group LLC d/b/a Northwest Cablevision for Cascade Cable TV Inc., Colton Cable TV and Monitor Telecommunication ARE GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable system. 7. IT IS FURTHER ORDERED that Oregon Cable Group LLC d/b/a Northwest Cablevision for Cascade Cable TV
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Schindler's Cable TV IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. 7. IT IS FURTHER ORDERED that Schindler's Cable TV place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Haywood CableVision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. 7. IT IS FURTHER ORDERED that Haywood CableVision, Inc. place a copy of this waiver in its systems files. 8. IT IS FURTHER ORDERED that a copy of this Order
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Kudzu Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Kudzu Cable TV, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Nova Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. 7. IT IS FURTHER ORDERED that Nova Cablevision, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
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- for this small cable system could impose a financial hardship on Galaxy Cable. Further, we withdraw the temporary, 24-month waiver previously granted for the Geneva, Nebraska cable system. 8. Accordingly, IT IS ORDERED that Galaxy Cable, Inc.'s request for clarification IS GRANTED to the extent indicated herein and IS otherwise DENIED. 9. IT IS FURTHER ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,17 Galaxy Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the Schuyler, Nebraska cable television system. 10. IT IS FURTHER ORDERED that the temporary, 24-month waiver of Section 11.11(a) of the Rules previously granted to Galaxy Cable for its Geneva, Nebraska cable television system IS WITHDRAWN.
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Bowen Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the four captioned cable television systems. 7. IT IS FURTHER ORDERED that Bowen Cablevision, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
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- the statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Rotijefco willfully violated Section 11.35(a) and (b) of the Rules, but we reduce the forfeiture amount from $8,000 to $5,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,8 Rotijefco, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for willful violation of Section 11.35(a) and (b) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- Office (``San Juan Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Southern.2 Southern has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Southern IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating Section 11.35 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- (``Miami Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Air Paging.2 Air Paging has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Air Paging IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- fence or breaking it down. After reviewing the record before us, we conclude that there is not enough evidence to support a finding that WOYK failed to maintain an effective locked fence in violation of Section 73.49. Consequently, we cancel the NAL.8 IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 504(b) of the Act,9 and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules,10 the forfeiture in the amount of seven thousand dollars ($7,000) proposed in the July 17, 2002 NAL issued to WOYK for failure to maintain an adequate tower fence enclosure IS CANCELLED. 9. IT IS FURTHER ORDERED that, a copy of this Order shall be sent by Certified Mail, Return Receipt Requested, to WOYK, Inc.,
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- affidavit signed by an officer or director of the licensee. If Blue Skies fails to submit such a report or we find that Blue Skies has not come into compliance with our main studio rule, we will consider further appropriate enforcement action. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 Blue Skies IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars eight hundred ($1,800) for failure to have operational EAS equipment installed and failure to have a main studio within the station's predicted Grade B contour, in willful violation of Sections 11.35(a) and 73.1125(c) of the Rules. 15. IT IS
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Brown.2 Mr. Brown has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''),4 Mr. Brown IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- all programming channels except the local school channels. GWC believes it can bring the system's local school channels into EAS compliance within 45 days. 4. Based upon our review of the information submitted by GWC, we conclude that a temporary waiver of Section 11.11(a) for the captioned cable system is warranted.7 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,8 Golden West Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until November 15, 2002 for the captioned cable television system. 6. IT IS FURTHER ORDERED that Golden West Cablevision, Inc. place a copy of this waiver in its system file. 7. IT IS FURTHER ORDERED that a copy of this
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Motion to Withdraw Complaint IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Motion to Withdraw Complaint, File No. PA 02-001 (filed July 21, 2003) (``Motion to Withdraw'').
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- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Pinpoint Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the five captioned cable television systems. 7. IT IS FURTHER ORDERED that Pinpoint Communications, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
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- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Pinpoint Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the five captioned wireless cable television systems. 7. IT IS FURTHER ORDERED that Pinpoint Communications, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this
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- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Antilles Wireless, L.L.C., d/b/a Cable USA IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the six captioned cable television systems. 7. IT IS FURTHER ORDERED that Antilles Wireless, L.L.C., d/b/a Cable USA place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED
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- meaning of the Act inasmuch as Rev. Louis admits that he continually operated the station without a license.9 Moreover, he did so despite repeated warnings from FCC staff. In light of the foregoing, we decline to cancel or reduce the forfeiture amount. IV. ORDERING CLAUSE 15. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,10 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 Rev. Yvon Louis IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for operating an unlicensed radio transmitter in willful and repeated violation of Section 301 of the Act. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules12 within
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- to hold, obtain, assign or transfer any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we believe that the public interest will be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) and (j) of the Communications Act of 1934, as amended,2 and Sections 0.111 and 0.311 of the Commission's rules,3 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation of Tyler IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail, return receipt requested, to Ralph H. Tyler, 5101 South Shields
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- given the difficulties the parties have had in negotiating the New Contract, we are not sanguine that ninety days is a sufficient time frame to re- negotiate a contract. Accordingly, we order the parties to negotiate based on business needs and industry practice a reasonable termination clause. III. CONCLUSION AND ORDERING CLAUSES 39. Accordingly, IT IS ORDERED, pursuant to sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.1401-1.1418, that the relief requested in the Complaint IS GRANTED TO THE EXTENT INDICATED HEREIN. 40. IT IS FURTHER ORDERED, pursuant to sections 0.111, 0.311, 1.1410, and 1.1415 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.1410, 1.1415, that Georgia Power cease and desist from enforcing the New Contract's
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- Enforcement Bureau within 30 days of the release of this order outlining what measures he has taken or will take to correct the violations and ensure that they do not recur. Mr. Autry's report must be submitted in the form of an affidavit or declaration.4 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,6 Billy R. Autry IS LIABLE FOR A MONETARY FORFEITURE in the amount of $11,000 for willfully violating Section 73.49 of the Rules and willfully and repeatedly violating Section 73.1745 of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- the Enforcement Bureau within 30 days of the release of this Order demonstrating that it has filed an antenna structure registration application. Best Country's report must be submitted in the form of an affidavit or declaration signed by an officer or director of Best Country.4 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,6 Best Country Broadcasting, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully and repeatedly violating Section 17.4(a) of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- cancel or reduce the proposed forfeiture on the basis of inability to pay. Finally, we will consider O'Quinn's contention that it has never been assessed a forfeiture. Based on O'Quinn's overall history of compliance, we will reduce the forfeiture amount to $3,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 Farnell O'Quinn IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for failure to operate in accordance with the terms of the station authorization in willful violation of Section 73.1350(a) of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- given an NOV and an opportunity to cure the violation prior to issuance of the NAL. However, there is no requirement that the Commission issue an NOV or provide a violator an opportunity to cure a violation prior to issuing an NAL.13 IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Pinnacle IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to clean and repaint its antenna structure to maintain good visibility, in willful violation of Section 17.50 of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- Acrobat version. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) EB-03-IH-0053 ) ENTERCOM PORTLAND LICENSE, LLC ) ) Licensee of Station KNRK(FM), ) Facility ID # 51213 Camas, Washington ) ORDER Adopted: August 8, 2003 Released: August 11, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Order, issued pursuant to sections 0.111, 0.311 and 0.459(c) and (d)(2) of the Commission's rules,1 we deny the July 11, 2003, request of Entercom Portland License, LLC (``Entercom''), licensee of Station KNRK(FM), Camas, Washington, for confidential treatment of material that it submitted in response to an inquiry by the Enforcement Bureau.2 II. BACKGROUND 2. The Enforcement Bureau received a complaint that alleged that Entercom had broadcast
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- on how we can improve public warning in general and the EAS in particular at that point.10 In the meantime, we find it premature to engage in a rulemaking pertaining to one subpart of the EAS. 7. Accordingly, IT IS ORDERED that, pursuant to Sections 4, 303(r), 624(g), and 706 of the Communications Act of 1934, as amended,11 and Sections 0.111, 0.311 and 1.401(e) of the Rules, Lawson Associates's Petition for Rulemaking (RM-10425) IS DISMISSED WITHOUT PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 See 47 C.F.R. 11.111.61. 2 The MSRC is a Federal Advisory Committee that draws its members from industry. For more information about the MSRC, visit http://www.mediasecurity.org/. 3 Public Notice, Report No. 2544 (released
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- Finally, we note that we have not received any recent complaints concerning Mr. Kluz's use of a linear amplifier. However, if we receive further complaints stemming from Mr. Kluz's improper use of a linear amplifier, we will take appropriate additional enforcement action. IV. ORDERING CLAUSES 19. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 Frank Kluz IS LIABLE FOR A MONETARY FORFEITURE in the amount of five hundred dollars ($500) for willful violation of Section 95.411 of the Rules. 20. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 WDB Communications IS GRANTED a waiver of Section 11.11(a) of the Rules from October 8, 2002 until October 1, 2005 for the three captioned cable television systems. 7. IT IS FURTHER ORDERED that WDB Communications IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS equipment by October 1,
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- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 USA Media Group, LLC IS GRANTED a waiver of Section 11.11(a) of the Rules from October 4, 2002 until October 1, 2005 for the 28 cable television systems in Attachment A. 7. IT IS FURTHER ORDERED that USA Media Group, LLC IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Universal Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Universal Cablevision, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
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- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 City of Garber, Oklahoma, Garber Economic Development Authority d/b/a GEDA Cable IS GRANTED a waiver of Section 11.11(a) of the Rules from October 17, 2002 until October 1, 2005 for the captioned cable system. 7. IT IS FURTHER ORDERED that City of Garber, Oklahoma, Garber Economic Development Authority d/b/a GEDA Cable IS ADMONISHED for
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- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Arlington TV Cooperative, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from October 17, 2002 until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Arlington TV Cooperative, Inc. IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS equipment
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- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Nova Cable Management, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from November 6, 2002 until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Nova Cable Management, Inc. IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS equipment
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- violation is not a mitigating factor.12 Finally, based on the financial documentation provided by Mr. Joseph, we conclude that payment of the proposed $10,000 would impose a financial hardship on Mr. Joseph. Therefore, we will reduce the forfeiture from $10,000 to $1,000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 Mr. Odino Joseph IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willful violation of Section 301 of the Act. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- to comply with the requirements of Sections 73.3527(e)(4), 73.3527(e)(7), and 73.3527(e)(8). Based on our findings above, we do not reach a determination on the remainder of AFA's arguments. However, we admonish AFA for the public file violations. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 504(b) of the Communications Act of 1934, as amended,10 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 the Notice of Apparent Liability for a Forfeiture, NAL/Acct. No. 200232560027, issued to American Family Association, Inc., for violation of Sections 11.35(a), 73.3527(e)(4), 73.3527(e)(7), and 73.3527(e)(8) of the Rules IS CANCELED. 11. IT IS FURTHER ORDERED that AFA IS ADMONISHED for its willful violation of Sections 73.3527(e)(4), 73.3527(e)(7), and 73.3527(e)(8). 12. IT IS FURTHER
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- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 TCSI Huntsville, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from October 1, 2002 until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that TCSI Huntsville, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a
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- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 WNW Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from October 1, 2002 until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that WNW Communications, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a
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- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.11 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.12 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,13 Clearvison Cable Systems, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules from March 5, 2003 until October 1, 2005 for the six captioned cable television systems. 7. IT IS FURTHER ORDERED that Clearvision Cable Systems, Inc. place a copy of these waivers in its system files. 8. IT IS FURTHER ORDERED that
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- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Litestream Technologies, LLC IS GRANTED waivers of Section 11.11(a) of the Rules from April 24, 2003 until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Litestream Technologies, LLC IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS equipment by October
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- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Satellite Cable Services, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from October 1, 2002 until October 1, 2005 for the three captioned cable television systems. 7. IT IS FURTHER ORDERED that Satellite Cable Services, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED
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- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Satellite Cable Services, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from October 1, 2002 until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Satellite Cable Services, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED
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- Commission's New York, New York Field Office (``New York Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to International.2 International has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (''Rules''),4 International Car Service, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 73.1560(a)(1) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Walker.2 Mr. Walker has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''),4 Ian R. Walker IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Wireless Direct Broadcast System IS GRANTED a waiver of Section 11.11(a) of the Rules from October 30, 2002 until October 1, 2005 for the captioned wireless cable television system. 7. IT IS FURTHER ORDERED that Wireless Direct Broadcast System IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS
- http://www.fcc.gov/eb/Orders/2003/DA-03-2698A1.html
- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Williamson Road TV Co., Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from January 9, 2003 until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Williamson Road TV Co., Inc. IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install
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- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Advanced Technologies & Technical Resources, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from November 29, 2002 until October 1, 2005 for the three captioned cable television systems. 7. IT IS FURTHER ORDERED that Advanced Technologies & Technical Resources, Inc. IS ADMONISHED for violating the requirement in Section 11.11(a) of the
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Alusma.2 Mr. Alusma has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''),4 Josue Alusma IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Small Town Cable Partners I, L.P. IS GRANTED a waiver of Section 11.11(a) of the Rules from November 29, 2002 until October 1, 2003 for the Chapel Hill and Surgoinsville, Tennessee cable television systems and IS GRANTED a waiver of Section 11.11(a) of the Rules from November 29, 2002 until October 1, 2005 for
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- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Matrix Cablevision, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules from December 20, 2002 until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Matrix Cablevision, Inc. IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS equipment by October
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- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Cableview Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from January 9, 2003 until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Cableview Communications, Inc. IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to in stall EAS equipment by
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- that the Commission recently amended the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders.11 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.12 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,13 Keene Valley Video, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules from November 1, 2002 until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Keene Valley Video, Inc. IS ADMONISHED for violating the requirement in Section 11.11(a) of the Rules to install EAS equipment
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- to FCC auditors conducting an official investigation into violations by your employer, Connect2 Internet Networks, Inc. (``Connect2'') of the FCC rules governing the E- Rate schools and libraries internet funding program (``E-Rate program''). See United States v. Alvarez, Criminal Docket No. 1:03cr634, Felony Information at 1-2 (S.D.N.Y. filed May 20, 2003) (``Alvarez Felony Information''). 2 47 C.F.R. 54.521; 47 C.F.R. 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. 54.521). 3 47 C.F.R. 54.521(a)(4). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-9227, 67- 74 (2003) (``Second Report and Order''). 4 Second Report and Order, 18 FCC
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- 1 Any further reference in this letter to ``your conviction'' refers to your May 22, 2003 guilty plea and conviction on this count based on your fraudulent scheme to obtain schools and libraries E-Rate program funds. See United States v. Angelides, Docket No. 1:03cr635, Felony Information (S.D.N.Y. filed May 20, 2003) (``Angelides Felony Information''). 2 47 C.F.R. 54.521; 47 C.F.R. 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. 54.521). 3 47 C.F.R. 54.521(a)(4). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-9227, 67-74 (2003) (``Second Report and Order''). 4 Second Report and Order, 18 FCC Rcd
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- (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $7,000 to Coffee County.2 Coffee County has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Coffee County IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully violating Section 73.1125(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not
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- as it relates to OCMC, Inc. in a separate order. Nothing herein constitutes a decision with respect to OCMC, Inc. 6. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 503(b),5 and Section 1.80(f)(4) of the Commission's rules,6 and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311,7 that the Motion to Dismiss the Notice of Apparent Liability with regard to One Call Internet, Inc. IS GRANTED. 7. IT IS FURTHER ORDERED that, a copy of this Order shall be sent by certified mail, return receipt requested, to counsel for One Call Internet, Inc., Steven A. Augustino, Esq.,
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- Field Office (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $3,000 to Brewer.2 Brewer has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4J.L. Brewer Broadcasting of Cleveland, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully violating Section 17.4(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- this Order outlining what measures it has taken or will take to correct the violations and ensure that they do not recur. Air Paging's report must be submitted in the form of an affidavit or declaration signed by an officer or director of Air Paging.4 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,6 Air Paging IS LIABLE FOR A MONETARY FORFEITURE in the amount of $9,000 for willfully and repeatedly violating Sections 1.903(a), 90.403(f) and 90.425(a) of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- ASR number at the KSUH tower and the $10,000 forfeiture proposed in the NAL for failure to clean or repaint the KSUH tower as often as necessary to maintain good visibility. Accordingly, we reduce the total forfeiture amount from $22,000 to $10,000. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Jean J. Suh d/b/a Radio Hankook IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violations of Sections 11.35(a), 11.61 and 17.4(g) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- to the statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Calvary repeatedly violated Sections 17.4(g), 17.50 and 17.51(a) of the Rules and that the appropriate forfeiture amount is $10,000. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Calvary IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to post the ASR number, light and adequately paint the captioned antenna structure, in repeated violation of Sections 17.4(g), 17.50 and 17.51(a) of the Rules. 14. Payment of the forfeiture shall be made in the manner provided
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- Field Office (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to WHYZ.2 WHYZ has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 WHYZ Radio, L.P. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully violating Section 11.35(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- order by failing to provide information and documents directed by the Bureau. We have further determined that WCSS is apparently liable in the amount of $10,000. 15. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. 503(b), section 1.80 of the Commission's rules, 47 C.F.R. 1.80, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that World Communications Satellite Systems, Inc. (``WCSS'') IS HEREBY NOTIFIED of an Apparent Liability for Forfeiture in the amount of $ 10,000 for willful and repeated violations of a Commission order as described in the paragraphs above.27 16. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules,
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- to allocate among conspirators the responsibility for supplying goods and services for that project.'' See United States v. Maynard, Criminal Docket No. 1:03cr5325, Information at 2-3 (E.D.Cal. filed August 19, 2003) (``Maynard Felony Information''); United States v. Maynard, Criminal Docket No. 1:03cr5325, Plea Agreement at 6-7 (E.D.Cal. filed August 26, 2003) (``Maynard Plea Agreement''). 2 47 C.F.R. 54.521; 47 C.F.R. 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. 54.521). 3 47 C.F.R. 54.521(a)(4); Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-27, 67-74 (2003) (``Second Report and Order''); id. at Appendix B, 18 FCC Rcd at 9263-65.
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- Woods willfully violated Section 303(n) of the Act and Section 95.426 of the Rules and we find that, while there is no basis for cancellation of the proposed monetary forfeiture, a reduction to $500 is warranted on the basis of financial hardship. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,8 William A. Woods IS LIABLE FOR A MONETARY FORFEITURE in the amount of five hundred dollars ($500) for willful violation of Section 303(n) of the Act and Section 95.426 of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- the Enforcement Bureau no more than thirty (30) days following the release of this order how he plans to achieve compliance with Section 17.4(a). Mr. Lankford's report must be submitted in the form of an affidavit or declaration signed by Mr. Lankford. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Dewey D. Lankford IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for failure to register his antenna structure, in willful violation of Section 17.4(a) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Act, Dewey D. Lankford must submit the report described
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- we conclude that Clarke willfully and repeatedly violated Sections 73.1560(a) and 73.1745(a) of the Rules and willfully violated Sections 73.1350(a), 73.1350(c) and 73.1400 of the Rules. We find that there is no basis for cancellation or reduction of the proposed monetary forfeiture. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Clarke IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000) for willful and repeated violation of Sections 73.1560(a) and 73.1745(a) of the Rules and willful violation of Sections 73.1350(a), 73.1350(c) and 73.1400 of the Rules 16. Payment of the forfeiture shall be made in the manner provided for in
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- United States Treasury. 3. After having reviewed the record and the Consent Decree, including the incorporated Compliance Plan, we believe that the public interest will be served by adopting the Consent Decree and terminating the Enforcement Bureau's forfeiture proceeding against Nextel WIP.2 2. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Act,3 and Sections 0.111 and 0.311 of the Commission's Rules,4 the Consent Decree attached to this Order IS ADOPTED. 3. IT IS FURTHER ORDERED that the Enforcement Bureau's forfeiture proceeding against Nextel WIP IS TERMINATED. 6. IT IS FURTHER ORDERED that Nextel WIP shall make its voluntary contribution to the United States Treasury by mailing a check or similar instrument, payable to the order
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- a condition of the waiver, Cunningham must include an insert with its bill to subscribers once a year alerting the subscribers that this channel will not carry the video portion of national EAS alerts because Cunningham has been granted a partial waiver of the EAS requirements with respect to this channel. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,10 Cunningham Communications, Inc. IS GRANTED a temporary waiver of Section 11.11(a) of the Rules for the video portion of one channel on its Glen Elder, Kansas system which carries locally-inserted community programming, subject to the conditions specified herein. 6. IT IS FURTHER ORDERED that Cunningham Communications, Inc. place a copy of this waiver in
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- bridge for this call, and inform the Defendant and Commission staff of the call-in information. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- In the Matter of ) ) COMPLAINTS AGAINST VARIOUS ) File No. EB-03-IH-0110 BROADCAST LICENSEES ) REGARDING THEIR AIRING OF ) THE ``GOLDEN GLOBE AWARDS'' ) PROGRAM 1 ) ) MEMORANDUM OPINION AND ORDER Adopted: October 3, 2003 Released: October 3, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order, issued pursuant to Section 0.111(a)(7) of the Commission's rules,2 we deny complaints received from the Parents Television Council and from certain individuals who have alleged that various television station licensees aired program material during the ``Golden Globe Awards'' program on January 19, 2003, that violates the federal restrictions regarding the broadcast of obscene and indecent material.3 II. BACKGROUND 2. The complainants allege that the licensees
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- 12-month waiver of Section 11.11(a) of the Rules granted for the captioned cable system is warranted. In particular, the information provided by Youngsville does not support financial hardship of a magnitude that would warrant a waiver extension to install EAS equipment. Accordingly, we deny Youngsville's request for an EAS waiver extension. 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b), 0.311 of the Rules,9 Youngsville Television Corporation a/k/a Youngsville TV Corp.'s request for a waiver extension IS DENIED. 7. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail Return Receipt Requested to Felix Matthews, President, Youngsville Television Corporation a/k/a Youngsville TV Corp., 3 West Main Street, Youngsville, Pennsylvania 16371. FEDERAL COMMUNICATIONS COMMISSION
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- to wireless cable systems with more than 5,000 but fewer than 10,000 subscribers until either the effective date of any changes adopted by the Commission to the EAS rules for wireless cable systems using digital technology, or 90 days after the Commission issues a decision declining to adopt any such changes. 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,10 Craig Wireless Honolulu Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules as specified herein and in all other respects its request for a waiver of Section 11.11(a) of the Rules IS DENIED. 7. IT IS FURTHER ORDERED that Craig Wireless Honolulu Inc. place a copy of this waiver in its system
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- ability to pay, and such other matters as justice may require.''15 Based upon the facts and circumstances presented here, we find that the base amount of Four Thousand Dollars ($4,000.00) to be the appropriate proposed forfeiture amount. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,16 and Sections 0.111, 0.311 and 1.80 of the Commission's rules,17 Tempe Radio, Inc., licensee of KUPD(FM), Tempe, Arizona, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of Four Thousand Dollars ($4,000.00) for willfully violating Section 73.1206 of the Commission's rules on October 3, 2002.18 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the rules,19 within
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- its ability to pay. Therefore, we decline to reduce the forfeiture amount on this basis. We do, however, agree with Commonwealth that their station appears to have an overall history of compliance. For this reason we reduce the forfeiture amount to $5,500. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Commonwealth License Subsidiary, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand five hundred dollars ($5,500) for failure to enclose its AM transmission system for Station KLMR(AM) within effective locked fences or other enclosures in willful violation of Section 73.49 of the Rules. 12. Payment of the forfeiture shall be
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- as well. As a result of our review, we conclude that Sutro repeatedly violated Section 17.4(a) of the Rules and we find that, although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $2,400 is appropriate. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,16 Sutro IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand four hundred dollars ($2,400) for failure to register its antenna structure, in repeated violation of Section 17.4(a) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- may be followed whenever the Commission, in its discretion, determines that they will better serve the ends of justice.'' FBS has provided no information that warrants a hearing and we find that a hearing would not better serve the ends of justice. IV. ORDERING CLAUSES 18. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 FBS IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty thousand dollars ($20,000) for failure to register and light its antenna structure and to enclose it with an effective locked fence, in repeated violation of Sections 17.4(a), 17.51(a) and 73.49 of the Rules. 19. IT IS FURTHER ORDERED, pursuant to Sections 0.111,
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- Violations regarding its apparent failure to comply with the Commission's antenna structure maintenance (painting and lighting) requirements.10 Given the relationship between and the common control of Hill Country and Concho, we do not believe that reduction of the $13,000 forfeiture is warranted.11 IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Hill Country Real Estate Development Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen thousand dollars ($13,000.00) for its failure to clean and repaint an antenna structure, failure to exhibit red obstruction lighting from sunset to sunrise, and failure to ``immediately'' notify the Commission of the change in ownership of an
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Cumulus willfully violated Section 73.49 of the Rules, and we find no basis to rescind or reduce the $7,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 Cumulus Licensing Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of Section 73.49 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Suwannee Cable TV.2 Suwannee Cable TV has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Suwannee Cable TV IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating Sections 76.605(a)(12) and 76.611(a)(1) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- confirmed, that Max Media and its principals have an unblemished history of serving its broadcast communities in compliance with the Commission's regulations. After considering Max Media's past history, we conclude that a reduction of the remaining forfeiture amount ($11,000 as reduced) to $8,800 is appropriate.34 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,35 Max Media of Montana, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand eight hundred dollars ($8,800.00) for failure to maintain its antenna structure lighting, for failure to maintain a functional automatic alarm system, and for failure to immediately notify the Commission of the change in ownership of antenna structure
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- the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Motion to Withdraw Amended Complaint IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 RCN Telecom Services of Philadelphia, Inc. v. PECO Energy Company and Exelon Infrastructure Services, Inc, Phase I Order, 17 FCC Rcd 25238 (Enf. Bur. 2002),
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- which we can assess its ability to pay. Thus, we decline to reduce the forfeiture amount on this basis. Finally, Haviland requests that we consider its history of overall compliance. We will do so, and further reduce the forfeiture amount to $2,500. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,9 Haviland IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand five hundred dollars ($2,500) for failure to exhibit the prescribed painting on its antenna structure in willful violation of Section 17.21 of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Green.2 Mr. Green has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''),4 Patrick S. Green IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- as well. As a result of our review, we conclude that AGM willfully and repeatedly violated Section 74.551(a)(3) of the Rules and willfully violated Section 74.1235(e) of the Rules, but we reduce the forfeiture proposed for these violations from $12,000 to $9,600. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 AGM-Nevada, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of nine thousand six hundred dollars ($9,600) for willful and repeated violation of Section 74.551(a)(3) of the Rules and willful violation of Section 74.1235(e) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80
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- the Enforcement Bureau within 30 days of the release of this order outlining what measures it has taken or will take to correct the violations and ensure that they do not recur. Davies' report must be submitted in the form of an affidavit or declaration.4 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,6 Davies Communications Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully and repeatedly violating Section 73.3526(a)(2) of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- MariTEL willfully and repeatedly violated Section 80.90 of the Rules, but we reduce the forfeiture proposed for this violation from $4,000 to $3,200. In addition, we cancel the $3,000 forfeiture proposed in the NAL for violation of Section 1.5 of the Rules. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,16 MariTEL Mississippi River, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand two hundred dollars ($3,200) for willful and repeated violation of Section 80.90 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- compliance with Section 11.11(a). 4. Based upon our review of the information submitted by Sterling, we conclude that Sterling's notification should be treated as a request for a temporary waiver of Section 11.11(a). We also conclude that a temporary waiver of Section 11.11(a) for the captioned wireless cable system is warranted.7 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,8 C&W Enterprises, Inc. d/b/a Sterling Cable IS GRANTED a waiver of Section 11.11(a) of the Rules until July 16, 2003 for the captioned wireless cable television system. 6. IT IS FURTHER ORDERED that C&W Enterprises, Inc. d/b/a Sterling Cable place a copy of this waiver in its system file. 7. IT IS FURTHER ORDERED
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- the Enforcement Bureau within 30 days of the release of this order outlining what measures it has taken or will take to correct the violations and ensure that they do not recur. Chatterbox's report must be submitted in the form of an affidavit or declaration.4 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,6 Chatterbox, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for willfully and repeatedly violating Section 11.61 of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- waivers of Section 1.2107(c) of the Commissions rules. Under the facts and circumstances of these cases and the basis of the waivers, as described in the WTB waiver order,5 we conclude that imposition of a forfeiture against these companies is not warranted." 3. Accordingly, pursuant to Section 4(i) and (j) of the Communications Act of 1934, as amended,6 and Sections 0.111 and 0.311 of the Commission's rules,7 the aforementioned notices of apparent liability for forfeiture are, hereby, cancelled. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1See In re City Page & Cellular Services, Inc. d/b/a City Beepers, 17 FCC Rcd 26,214 (2002); In re Gabriel Wireless, LLC, 17 FCC Rcd 26,223 (2002); In re Golden Arrow Paging, Inc.,
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- Agent Office (``Honolulu Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Ho'ona'auao.2 Ho'ona'auao has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Ho'ona'auao Community Television, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 11.61(a)(1)(v) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Charles.2 Mr. Charles has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Marcel Charles IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not
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- Enforcement Bureau within 30 days of the release of this order outlining what measures it has taken or will take to correct the violation and ensure that it does not recur. Radio Centre's report must be submitted in the form of an affidavit or declaration.4 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,6 Radio Centre, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully violating Section 73.49 of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- adjustments.4 2. We have carefully reviewed the pleadings related to the Petition,5 as well as the underlying record. Georgia Power has presented no information or argument that warrants a change in the Order's conclusions regarding the six pole attachment agreement provisions at issue.6 3. Accordingly, IT IS ORDERED, pursuant to section 405 of the Act, 47 U.S.C. 405, and sections 0.111, 0.311 and 1.106(j) of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.106(j), that Georgia Power's Petition for Reconsideration IS DENIED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 11 Georgia Power Company's Petition for Reconsideration, File No. PA 01-002 (filed Sept. 8, 2003) (``Petition''). 2 Cable Television Ass'n of Ga. v. Georgia Power Co., Order, DA 03-2613, 2003
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- to clean or repaint the KCUL-FM Tower as often as necessary to maintain good visibility. However, based on Access.1's good faith efforts and history of overall compliance we reduce the forfeiture amount from ten thousand dollars ($10,000) to two thousand dollars ($2,000). IV. ORDERING CLAUSES 23. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules,18 Access.1 Communications Corp.-NY IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully violating Section 17.50 of the Rules. 24. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- affidavit signed by an officer or director of the licensee. If J & W fails to submit such a report or we find that J & W has not come into compliance with our rules, we will consider further appropriate enforcement action. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 J & W Promotions, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000.00) for failure to have registered the antenna structure with the Commission, failure to have operational EAS equipment installed and failure to have an effective locked fence around the antenna structure, in willful and repeated violation
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- (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $15,000 to Small Town.2 Small Town has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Small Town Radio Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $15,000 for willfully and repeatedly violating Sections 11.35(a) and 73.49 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Joint Motion to Dismiss is GRANTED, and that the Complaint and Request for Declaratory Ruling is DISMISSED with prejudice. 4. IT IS FURTHER ORDERED that the above-captioned proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Joint Motion
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- the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Joint Motion to Dismiss is GRANTED, and that the Complaint is DISMISSED with prejudice. 4. IT IS FURTHER ORDERED that the above-captioned proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Joint Motion to Dismiss, File No. EB-02-MD-034
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- In the Matter of ) ) EB Docket No. 02-367 RADIO MOULTRIE, INC. ) EB-01-IH-0259 ) Facility #54680 Licensee, Station WMGA(AM), ) FRN #0007570443 Moultrie, Georgia ) ORDER OF REVOCATION Adopted: November 3, 2003 Released: November 4, 2003 By the Chief, Enforcement Bureau: I. Introduction 1. By this Order, acting pursuant to authority delegated to the Enforcement Bureau under Section 0.111(a)(16) of the Commission's rules,1 we revoke the above-captioned broadcast license held by Radio Moultrie, Inc. (``RMI'') for RMI's having violated Section 310(d) of the Communications Act of 1934, as amended (``the Act''),2 and Section 73.3540 of the Commission's rules,3 and for its having failed to follow the Commission's directives. We conclude, based upon the evidence of its conduct, that RMI
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Notesan's Request for Waiver of Commission Rule 1.718(a) IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of the Commission's rules, 47 C.F.R. 1.718, are hereby waived, and the date that Notesan Pty Ltd. must convert
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- Director of the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Lovelock.2 Lovelock has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission Rules (``Rules''),4 Annetta Lovelock Enterprises Inc. d/b/a Rum Runner Caribbean Restaurant & Lounge IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- change that adversely affects the emanation characteristics of the modified equipment will require a new verification and the submission of that new verification to the Enforcement Bureau. Failure to submit these required verification records may result in further enforcement action. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules,29 Johannus Orgelbouw b.v. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release
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- Director of the Commission's Tampa, Florida, Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $20,000 to Accessory.2 Accessory has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (''Rules''),4 Accessory Connection Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for willfully violating Sections 301 and 302(b) of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- the Policy Statement as well. As a result of our review, we conclude that J4 Broadcasting willfully and repeatedly violated Sections 73.51(e)(2) and 73.1560(a)(1) of the Rules, and we find no basis to rescind or reduce the forfeiture proposed for these violations. IV. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 J4 Broadcasting of Cincinnati, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for willful and repeated violations of Sections 73.51(e)(2) and 73.1560(a)(1) of the Rules. 17. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- in conjunction with the Policy Statement as well. As a result of our review, we conclude that Radio X willfully violated Sections 17.50 and 73.3526(b) of the Rules and find that neither cancellation nor reduction of the proposed monetary forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,9 Radio X Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty thousand dollars ($20,000) for willfully violating Sections 17.50 and 73.3526(b) of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- interest by promoting the private resolution of disputes and by eliminating the need for the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111, 0.311, and 1.106 of the Commission's rules, 47 C.F.R. 0.111, 0.311, and 1.106, that the Motion to Dismiss is GRANTED and that the InfraSource Petition for Reconsideration of the Phase I Order IS DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 RCN Telecom Services of Philadelphia, Inc. v. PECO Energy
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- Field Office (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Piedmont.2 Piedmont has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Piedmont Radio Co. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Sections 17.4(a) and 73.1125(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Third Consent Motion of Complainant For Extension of Time In Which To Convert Informal Complaint To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and
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- parties, yet establishes a reasonable deadline in the event that such an agreement proves unobtainable. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- promoting the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Motion To Dismiss the above-captioned complaint IS GRANTED. 5. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47
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- when we gave JCTI a one-year extension rather than a two-year extension, JCTI did not then begin budgeting for EAS equipment and, indeed, now seeks an even longer extension (a total of 36 months from October 1, 2002) that we originally denied. Accordingly, we deny JCTI's request for a waiver extension. 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,11 Johnsonburg Community Television, Inc.'s request for a waiver extension IS DENIED. 7. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail Return Receipt Requested to counsel for Johnsonburg Community Television, Inc., Christopher C. Cinnamon, Esq., Cinnamon Mueller, 307 North Michigan Avenue, Suite 1020, Chicago, Illinois 60601. FEDERAL
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- issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $3,000 to P & G.2 P & G has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 P & G Properties, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully violating Section 17.4(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- forfeiture amount of $4,000 for a violation of Section 73.1216 of the rules.38 Based upon our review of all the pertinent factors as required by Section 503(b)(2)(D) of the Act, we believe that a $4,000 forfeiture is appropriate. V. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules,39 Isothermal Community College is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Four Thousand Dollars ($4,000) for willfully and repeatedly violating Section 73.1216 of the Commission's rules. 14. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days of the release of this
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- (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $7,000 to Marshall County.2 Marshall County has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Marshall County Radio Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 73.49 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- report must be submitted in the form of an affidavit or declaration, under penalty of perjury, signed by an officer or director of the licensee. SMC should note that its continued noncompliance could result in additional enforcement action by the Enforcement Bureau. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 SMC IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand dollars ($11,000) for its failure to have operational EAS equipment and for its failure to register its antenna structure, in willful violation, respectively, of Sections 11.35(a) and 17.4(a) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant Section 308(b) of
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- the need for further litigation and the expenditure of additional time and resources of the parties and this Commission. 4. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 252(e)(5) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 252(e)(5), and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and authority delegated by sections 0.111, and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the joint motion to dismiss with prejudice the above-captioned complaint filed by Cox and Verizon South IS GRANTED in its entirety. 5. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 252(e)(5) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 252(e)(5), and sections
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- to the intentional unlicensed operation of a ``pirate'' station operator who operates its station in flagrant violation of Commission rules. In view of these circumstances, we determine that reduction of the $10,000 base forfeiture amount to five thousand dollars ($5,000) is warranted.13 IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''),14 Gateway IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for willfully violating Section 301 of the Act. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of MCI WORLDCOM Network Services, Inc. Requesting Waiver of Section 1.718 of the Commission's Rules and an Extension of Time In Which to Convert Its Informal Complaint to a Formal Complaint and Toll the Limitations Period IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i),
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- the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Stipulation of Dismissal With Prejudice is GRANTED, and that the Petition for Temporary Stay is DISMISSED with prejudice. 4. IT IS FURTHER ORDERED that the above-captioned proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Stipulation of Dismissal
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- period.45 Based on these factors and the particular circumstances of this case, we find that M-H is apparently liable for a forfeiture penalty of $8,000 for its apparent willful and repeated failures to make the public file of Station WRTV(TV) available for inspection.46 IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Act,47 and sections 0.111, 0.311, and 1.80 of the Commission's rules,48 that McGraw-Hill Broadcasting Co., Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Eight Thousand Dollars ($8,000.00) for willfully and repeatedly violating section 73.3526(c) of the Commission's rules.49 15. IT IS FURTHER ORDERED, pursuant to section 1.80(f)(3) of the Commission's rules50 that within thirty (30) days of the
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 5. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 252(e)(5) of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 252(e)(5), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Joint Motion to Dismiss is GRANTED, and that the Complaint is DISMISSED with prejudice. 6. IT IS FURTHER ORDERED that the above-captioned proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Formal Complaint, File No. EB-00-MD-20 (filed Nov.
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- for complying with the EAS requirements. Under these circumstances, we believe that six months is sufficient time for WRYR-LP to install an EAS decoder, and accordingly grant WRYR-LP an additional six months from the date of the initial October 24, 2003 deadline to comply with the Commission's EAS rules. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Commission's rules,7 that the request of South Arundel Citizens for Responsible Development for a waiver of section 11.11(a) of the rules station WRYR-LP, is GRANTED, consistent with the discussion and conclusions in this Order. 7. IT IS FURTHER ORDERED that WRYR-LP, place a copy of this waiver in its station files. 8. IT IS FURTHER
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Barinowski willfully violated Section 17.50 of the Rules. However, we also find that reduction of the proposed monetary forfeiture to $8,000 is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Barinowski Investment Company, LP, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully violating Section 17.50 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Consent Motion to Dismiss is GRANTED, and that the Complaint is DISMISSED with prejudice. 4. IT IS FURTHER ORDERED that the above-captioned proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Consent Motion to Dismiss, File No. EB-02-MD-031
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- public interest by promoting the private resolution of disputes and by eliminating the need for expenditure of further time and resources of the parties and this Commission. 5. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Petition for Reconsideration of the Bureau Order IS DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Complaint, File No. PA 00-001 (filed Feb. 2, 2000). 2 Cable Telecommunications Association of Maryland, Delaware & the District of Columbia,
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- such matters as justice may require. After considering the record, the factors contained in section 503(b)(2)(D) of the Act, 47 U.S.C. 503(b)(2)(D), and the Forfeiture Policy Statement, we believe that a $4,000 forfeiture is appropriate in this case. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended,24 and sections 0.111, 0.311, and 1.80 of the Commission's rules,25 that ABC, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Four Thousand Dollars ($4,000.00) for willfully violating section 73.1216 of the Commission's rules. 12. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty (30) days of the release of this Notice,
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- agreement; (b) the Bankruptcy Court had approved that settlement agreement on November 17, 2003; and (c) the order of the Bankruptcy Court became final on December 2, 2003. 3. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Motion to Dismiss IS GRANTED, AND that the above-captioned Complaint that Touch America, Inc. filed against Qwest Communications International Inc., Qwest Corporation, And Qwest Communications Corporation IS DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3931A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3931A1.doc
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- agreement; (b) the Bankruptcy Court had approved that settlement agreement on November 17, 2003; and (c) the order of the Bankruptcy Court became final on December 2, 2003. 3. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Motion to Dismiss IS GRANTED, AND that the above-captioned Complaint that Touch America, Inc. filed against Qwest Communications International Inc., Qwest Corporation, And Qwest Communications Corporation IS DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3932A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3932A1.doc
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- In this case, taking all of these factors into consideration, we find that the NAL properly proposed that the base forfeiture amount is the appropriate sanction for the violation described above. Consequently, Mr. Kaminski is liable for a forfeiture of Four Thousand Dollars ($4,000.00). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. 503(b), and 47 C.F.R. 0.111, 0.311 and 1.80, Donald W. Kaminski, Jr. FORFEIT to the United States the sum of Four Thousand Dollars ($4,000.00) for willfully violating 47 C.F.R. 73.1015. Payment of the forfeiture may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture Collection Section, Finance Branch, Federal Communications Commission, P.O. Box
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- the Rules and was willful and repeated. Accordingly, cancellation of the $10,000 forfeiture for this violation is not warranted. However, we do find that Tower Properties' has a history of overall compliance, and we reduce the forfeiture amount from $10,000 to $8,000.00. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,15 Tower Properties of Florida, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully and repeatedly violating Section 17.50 of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- will serve the public interest by promoting the private resolution of disputes and by eliminating the need for expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 154(j), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Motion to Dismiss filed on behalf of Touch America in the above-captioned proceeding is GRANTED. 5. IT IS FURTHER ORDERED, pursuant to section 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 154(j), and the authority delegated in sections 0.111 and
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Fibervision, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2003 for three cable television systems in Laurel and Missoula, Montana; and Fairchild, Washington and IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for six cable television systems in Big Timber, Columbus, Forsyth, Hardin, Park
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- our review, we conclude that Signal willfully violated Section 17.51(b) of the Rules. However, Signal's assertion is correct that it has no previous citations, and as a result we reduce the forfeiture amount to $8,000 based on its history of overall compliance. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 Signal IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for failure to light the captioned antenna structure, in willful violation of Section 17.51(b) of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- to pay the monetary forfeiture. We note that remedial actions taken to correct the violations, while commendable, are not mitigating factors.10 However, after reviewing the financial documentation, we conclude that reduction of the $19,000 forfeiture to $3,000 is warranted in this case. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 Hunt Broadcasting Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for its violation of Sections 73.49, 73.1350(b)(2), 73.1350(c), 11.35(a), 73.3526(e)(5), 73.3526(e)(6), and 73.3526(e)(12) of the Rules. 6. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- factors into consideration, we find that the NAL properly proposed that the compounded forfeiture amount of $10,000 is the appropriate sanction for the violations described above. Consequently, Minority is liable for a forfeiture of Ten Thousand Dollars ($10,000). V. ORDERING CLAUSES 18. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended,62 and Sections 0.111, 0.311 and 1.80 of the Commission's rules,63 that Minority Television Project, Inc., licensee of noncommercial educational Station KMTP-TV, San Francisco, California, FORFEIT to the United States the sum of Ten Thousand Dollars ($10,000) for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. 399b, and Section 73.621 of the Commission's rules, 47 C.F.R. 73.621.
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- days following the release of this Order how it has achieved compliance with Section 17.21 of the Rules for antenna structure number 1040995. HCI's report must be submitted in the form of an affidavit signed by an officer or director of HCI. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 HCI IS LIABLE FOR A MONETARY FORFEITURE in the amount of nineteen thousand six hundred dollars ($19,600) for failure to maintain effective fencing around its antenna structures, failure to install prescribed lighting, and for exceeding authorized nighttime power limits, in willful and repeated violation of Sections 73.49, 17.21, and 73.1745(a) of the Rules. 12.
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- via mail, by telephone at (202) 418-1420 or by e-mail at diana.lee@fcc.gov. If Ms. Lee is unavailable, you may contact William Davenport by telephone at (202) 418-1420 and by e-mail at william.davenport@fcc.gov. Sincerely yours, Maureen F. Del Duca Chief Investigations and Hearings Division Enforcement Bureau cc: Joel M. Cohen, Greenberg Traurig, LLP Kristy Carroll, USAC _________________________ 1 See 47 C.F.R. 0.111(a)(14), 54.521. 2 Letter from Maureen F. Del Duca, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Oscar Alvarez, Notice of Suspension and Proposed Debarment, 18 FCC Rcd 16668 (2003). 3 68 Fed. Reg. 58836 (Oct. 2, 2003). 4 See Notice of Suspension, 18 FCC Rcd at 16668-69 (imposing suspension pending the Bureau's final debarment determination) (Attachment 1).
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- mail, by telephone at (202) 418-1420 or by e-mail at diana.lee@fcc.gov. If Ms. Lee is unavailable, you may contact William Davenport by telephone at (202) 418-1420 and by e-mail at william.davenport@fcc.gov. Sincerely yours, Maureen F. Del Duca Chief Investigations and Hearings Division Enforcement Bureau cc: Mark S. Cohen, Cohen & Gressler, LLP Kristy Carroll, USAC _________________________ 1 See 47 C.F.R. 0.111(a)(14), 54.521. 2 Letter from Maureen F. Del Duca, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to John Angelides, Notice of Suspension and Proposed Debarment, 18 FCC Rcd 16672 (2003) (Attachment 1). 3 68 Fed.Reg. 56837 (Oct. 2, 2003). 4 See Notice of Suspension, 18 FCC Rcd at 16672-73 (imposing suspension pending the Bureau's final debarment determination). 5
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- telephone at (202) 418-1420 or by e-mail at diana.lee@fcc.gov. If Ms. Lee is unavailable, you may contact William Davenport by telephone at (202) 418-1420 and by e-mail at william.davenport@fcc.gov. Sincerely yours, Maureen F. Del Duca Chief Investigations and Hearings Division Enforcement Bureau cc: Kenneth Alan Reed, Law Office of Kenneth Alan Reed Kristy Carroll, USAC _________________________ 1 See 47 C.F.R. 0.111(a)(14), 54.521. 2 Letter from Maureen F. Del Duca, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Duane Maynard, Notice of Suspension and Proposed Debarment, 18 FCC Rcd 18684 (2003). 3 68 Fed. Reg. 56839 (Oct. 2, 2003). 4 See Notice of Suspension, 18 FCC Rcd at 18684-85 (imposing suspension pending the Bureau's final debarment determination) (Attachment 1).
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- After having reviewed the record and the Consent Decree, including the incorporated Compliance Plan, we believe that the public interest will be served by adopting the Consent Decree and terminating the Enforcement Bureau's forfeiture proceeding against ESI. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended,1 and Sections 0.111 and 0.311 of the Commission's Rules,2 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's forfeiture proceeding against ESI IS TERMINATED. 7. IT IS FURTHER ORDERED that ESI shall make its voluntary contribution to the United States Treasury by mailing a check or similar instrument, payable to the order of the
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- that complies with the Commission's rigorous rules, 47 C.F.R. 1.720-1.736, should such a complaint be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the requests for extension ARE GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in
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- Consumer and Governmental Affairs Bureau Federal Communication Commission 445 12th Street, S.W. Washington, D.C. 20554 5. This order is issued pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 C.F.R. 1.718. 2 See Letter from Warren Firschein, Attorney, Market Disputes Resolution Division, Enforcement Bureau, FCC, to Christopher Karns, Attorney for Judware, and Marie Breslin, Attoney for Verizon, File No. IC-02-I0013921 (November 21,
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- we find that the parties have shown good cause for us to dismiss O'Day's formal complaint with prejudice. 7. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and section 1.727 of the Commission's rules, 47 C.F.R. 1.727, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Joint Motion to Dismiss Formal Complaint with Prejudice filed by the parties to this proceeding IS GRANTED. 8. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and section 1.727 of the
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Qwest Corporation's request for waiver of Rule 1.718 and for extension of time IS GRANTED. IT IS FURTHER ORDERED pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules,
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- Foundation has demonstrated that the lyrics of ``Your Revolution,'' measured by contemporary community standards, are not patently offensive and therefore not indecent. Accordingly, we rescind the NAL. 10. In light of our decision rescinding the NAL, we dismiss as moot Sarah Jones's informal request filed October 2, 2002. IV. ORDERING CLAUSES 11. In view of the foregoing, pursuant to Sections 0.111(a)(7), 0.311 and 1.80(f)(3) of the Commission's rules, 47 C.F.R. 0.111(a)(7), 0.311 and 1.80(f)(3), IT IS ORDERED THAT the Bureau's May 17, 2001 Notice of Apparent Liability for Forfeiture issued to The KBOO Foundation, licensee of noncommercial Station KBOO-FM, is hereby RESCINDED. 12. IT IS FURTHER ORDERED That, the informal request, filed pursuant to 47 C.F.R. 1.41, by Sarah Jones on
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- character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we believe that the public interest will be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended,1 and Sections 0.111 and 0.311 of the Commission's Rules,2 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation of Motorola IS TERMINATED. 7. IT IS FURTHER ORDERED that Motorola, Inc. shall make its voluntary contribution to the United States Treasury by mailing a check or similar instrument, payable to the order of the
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of MCI WORLDCOM Network Services, Inc. Requesting Waiver of Section 1.718 of the Commission's Rules and Further Extension of Time In Which to Convert Its Informal Complaint to a Formal Complaint and Toll the Limitations Period IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i),
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Cable One, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Cable One, Inc. place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Charter Communications, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for 69 cable television systems listed in Attachment A. 7. IT IS FURTHER ORDERED that Charter Communications, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
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- for delivery by October 15, 2002. Finally, TSI believes that it can bring its cable system into EAS compliance by November 1, 2002. 4. Based upon our review of the information submitted by TSI, we conclude that a temporary, one-month waiver of Section 11.11(a) for the captioned cable system is warranted.7 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,8 Telecom Supply, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until November 1, 2002 for the captioned cable television system. 6. IT IS FURTHER ORDERED that Telecom Supply, Inc. place a copy of this waiver in its system file. 7. IT IS FURTHER ORDERED that a copy of this Order shall
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Western Dakota Cable, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. 7. IT IS FURTHER ORDERED that Western Dakota Cable, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 New England Cablevision, Inc. and Flasher Cablevision, Inc. ARE GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that New England Cablevision, Inc. and Flasher Cablevision, Inc. place a copy of this waiver in their system files. 8. IT
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Scott Telecom and Electronics, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the cable television system in Weber City, Virginia and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the cable television systems in Nickelsville, Virginia and Sandy Ridge,
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 SouthTel Communications, L.P. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the eleven captioned cable television systems. 7. IT IS FURTHER ORDERED that SouthTel Communications, L.P. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of this Order
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 D & D Cable Systems, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for each of the three captioned cable television systems. 7. IT IS FURTHER ORDERED that D & D Cable Systems, Inc. place a copy of this waiver in its system files. 8. IT IS
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 CCS, LLC d/b/a Community Cable Service IS GRANTED a waiver of Section 11.11(a) of the Rules until April 1, 2003 for the cable television system in Liberty Lake, Washington and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the cable television systems in the Connell, Washington; Ione,
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 CableSouth, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for one cable television system listed in Attachment A and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for 40 cable television systems listed in Attachment A. 7. IT IS FURTHER ORDERED
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Mountain Shadows Cable TV Systems IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Mountain Shadows Cable TV Systems place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Heartland Cable TV, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the two captioned cable television systems. 7. IT IS FURTHER ORDERED that Heartland Cable TV, Inc. place a copy of this waiver in its system files. 8. IT IS FURTHER ORDERED that a copy of
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Quality Cablevision IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Quality Cablevision place a copy of this waiver in its system file. 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Fourth Consent Motion of Complainant For Extension of Time In Which To Convert Informal Complaint To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and
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- We therefore conclude that a reduction of the forfeiture amount is warranted.9 We have reviewed the response in light of the statutory factors set forth above, and find that AWS and Vanguard have justified a reduction of the proposed forfeiture penalty from $9,000 to $3,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to 47 U.S.C. 503(b), and 47 C.F.R. 0.111, 0.311 and 1.80, that Vanguard Cellular Systems, Inc., FORFEIT to the United States the sum of three thousand dollars ($3,000) for willfully violating the Commission's rules that require U.S. carriers to report actual and forecast number usage. Payment of the forfeiture may be made by mailing a check or money order, payable to the order of the Federal Communications Commission,
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 North East TV Cooperative, Inc. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned wireless cable televisions systems. 7. IT IS FURTHER ORDERED that North East TV Cooperative, Inc. place a copy of these waivers in its systems files. 8. IT IS FURTHER ORDERED that a
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- (``Bureau'') issued the Forfeiture Order based on its belief that Verizon Wireless had neither filed a timely response to the NAL nor paid the forfeiture. However, subsequent to the release of the Forfeiture Order, it has come to the Bureau's attention that Verizon Wireless paid the forfeiture on December 2, 2002. 2. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 0.111, 0.311 and 1.113 of the Rules, 4 the Forfeiture Order released on January 30, 2003 IS HEREBY SET ASIDE. 3. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail, return receipt requested, to Verizon Wireless (VAW) LLC, Attention: Carol King, 30 Independence Boulevard, Warren, NJ 07059. FEDERAL COMMUNICATIONS COMMISSION
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- in the amount of $5000 for each of the violations of section 214 of the Act and sections 63.61, 63.71, and 63.505 of the Commission's rules. 12. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. 503(b), section 1.80 of the Commission's rules, 47 C.F.R. 1.80, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Arbros Communications, Inc. IS HEREBY NOTIFIED of an Apparent Liability for Forfeiture in the amount of $50,000 for willful or repeated violations of section 214(a) of the Act30 and sections 63.61, 63.71, and 63.505 as described in the paragraphs above.31 13. IT IS FURTHER ORDERED, pursuant to section 1.80
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Qwest Corporation's Request for waiver of Rule 1.718 and for Extension of Time IS GRANTED. IT IS FURTHER ORDERED pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules,
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- factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Morgan willfully violated Section 17.21(a) of the Rules and find no basis for cancellation or reduction of the proposed $10,000 monetary forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 Morgan IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to light and adequately paint the captioned antenna structure, in willful violation of Section 17.21(a) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 Boulder Ridge Cable TV d/b/a Starstream Communications IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. 7. IT IS FURTHER ORDERED that Boulder Ridge Cable TV d/b/a Starstream Communications place a copy of this waiver in its system files. 8. IT IS FURTHER
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- must be served and filed prior to the initial status conference. See, e.g., 47 C.F.R. 1.726 (replies), 1.729 (discovery). Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 208, and 255 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 208, 255, section 1.3 of the Commission's rules, 47 C.F.R. 1.3, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Unopposed Motion of Defendants to Modify Procedural Schedule IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION Colleen K. Heitkamp Chief, Telecommunications Consumers Division Enforcement Bureau _________________________ 1 See O'Day v. Audiovox Communications Corporation and Verizon Wireless, Notice of Formal Complaint (Deputy Chief, Telecommunications Consumers Division), rel. Feb. 28, 2003. The Notice
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- Colorado Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'')3 in the amount of $21,000 to Ramh. Ramh has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, (``the Act''),4 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,5 Ramh Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $21,000 for willfully violating Sections 73.1125, 73.1350, and 73.1400 of the Rules and willfully and repeatedly violating Section 73.1560 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules6 within
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- at all times when the site was unoccupied, the agent has stated that there was no gate on the property fence at the time he conducted the inspection and a section of the property fence had been removed to facilitate the construction of the tower. 9. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,7 Wilson Broadcasting Co., Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 73.49 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of MCI WORLDCOM Network Services, Inc. Requesting Waiver of Section 1.718 of the Commission's Rules and Further Extension of Time In Which to Convert Its Informal Complaint to a Formal Complaint and Toll the Limitations Period IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i),
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- by promoting the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Motion to Withdraw the above-captioned complaint IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R.
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 SM Cable Holdings, L.L.C. IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2003 for 12 cable television systems and IS GRANTED waivers of Section 11.11(a) of the Rules until October 1, 2005 for 168 cable television systems listed in Attachment A. 7. IT IS FURTHER ORDERED that SM Cable Holdings,
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- conclude that there are no substantial and material questions of fact as to whether SBC possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. 5. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j) and 503(b) of the Communications Act, 47 U.S.C. 154(i), 154(j) and 503(b), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree is ADOPTED. 6. SBC shall make its voluntary contribution to the United States Treasury by mailing a check or similar instrument, or by wire transfer, payable to the order of the Federal Communications Commission, Forfeiture Collection Section, Finance Branch, P.O. Box 73482, Chicago, Illinois 60673-7482.1
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Fifth Consent Motion of Complainant For Extension of Time In Which To Convert Informal Complaint To Formal Complaint and Toll Limitations Period IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of MCI WORLDCOM Network Services, Inc. Requesting Waiver of Section 1.718 of the Commission's Rules and Further Extension of Time In Which to Convert Its Informal Complaint to a Formal Complaint and Toll the Limitations Period IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i),
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- Office issued a Notice of Apparent Liability for Forfeiture (``NAL'')2 in the amount of $10,000 to Radio 810. Radio 810 has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, (``the Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Radio 810 IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Sections 73.1215(a), 73.1350(d)(2), and 73.1745(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules5 within 30 days of the release of this Order. If the
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- to its facilities at just and reasonable rates in accordance with the Pole Attachment Act and the Commission's rules.20 8. Finally, we deny Omnipoint's request for attorney's fees and costs. The Commission has stated that it does not have the authority to award attorney's fees or costs in pole attachment complaint proceedings.21 9. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 0.111 and 1.1401-1.1418, that the relief requested in the Complaint IS GRANTED TO THE EXTENT INDICATED HEREIN. 10. IT IS FURTHER ORDERED, pursuant to Sections 0.111 and 1.1401-1.1418 of the Commission's Rules, 47 C.F.R. 0.111 and 1.1401-1.1418, that, to the extent that Omnipoint continues to seek access to PECO's facilities, Omnipoint and
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- statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Mr. Hyppolite willfully violated Section 301 of the Act, but we reduce the forfeiture for this violation from $10,000 to $2,000. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 Homere Hyppolite IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willful violation of Section 301 of the Act. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- conclude that East Tennessee willfully11 violated Section 17.57 of the Rules and that cancellation of the $3,000 forfeiture for this violation is not warranted. However, after considering East Tennessee's past history of compliance, we reduce the forfeiture amount from $3,000 to $2,400. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules,12 East Tennessee IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,400 for willfully violating Section 17.57 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days of the release of this Order. If the forfeiture is not
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- in conjunction with the Policy Statement as well. As a result of our review, we conclude that the Needhams willfully violated Section 17.50 of the Rules, and we find no basis to rescind or reduce the $10,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules,8 William L. Needham and Lucille Needham ARE LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 17.50 of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that APCC Services, Inc.,
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 ATC Cablevision Company IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the three captioned cable television systems. 7. IT IS FURTHER ORDERED that ATC Cablevision Company place a copy of this waiver in its systems files. 8. IT IS FURTHER ORDERED that a copy of this Order
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- EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available.10 Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,12 CVC TV LLC IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2003 for the cable system in Chowchilla, California and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for the cable systems in Planada and Le Grand, California. 7. IT IS FURTHER ORDERED
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- forfeiture amount of $4,000 for a violation of Section 73.1216 of the rules.38 Based upon our review of all the pertinent factors as required by Section 503(b)(2)(D) of the Act, we believe that a $4,000 forfeiture is appropriate. V. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules,39 Isothermal Community College is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Four Thousand Dollars ($4,000) for willfully and repeatedly violating Section 73.1216 of the Commission's rules. 14. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days of the release of this
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- In February 2000, WTB again informed Western that if the situation was not resolved, it ``may be subject to enforcement action by the Commission.'' 19 Because the Commission has historically focused its environmental enforcement efforts on the kind of informal resolution attempted by WTB in this case, WTB and other licensing Bureaus have primary responsibility for environmental enforcement. 47 C.F.R. 0.111(a)(11) Note. The rules also provide for referral of such matters from the licensing bureaus to EB upon mutual agreement of the Bureaus. Id., 0.111(a)(14). We take this opportunity to state our strong support for an enforcement-oriented approach in the protection of the environment. We direct referrals to EB of violations by licensees or tower owners where appropriate and continued strong
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- SecretaryAttachment A Parts 0 and 11 of Title 47 of the Code of Federal Regulations are amended as follows: PART 0 - COMMISSION ORGANIZATION 1. Section 0.11 is amended by adding new paragraph (a)(11) to read as follows: Office of Managing Director 0.11 Functions of the Office. (11) Develop and maintain the Commission's Continuity of Operations Plan (COOP). 2. Sections 0.111(a)(21) and 0.111(c) are amended to read as follows: Enforcement Bureau 0.111 Functions of the Bureau. (a) Serve as the primary Commission entity responsible for enforcement of the Communications Act and other communications statutes, the Commission's rules, Commission orders and Commission authorizations, other than matters that are addressed in the context of a pending application for a license or other authorization
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- to ensure that the fences surrounding the area are shut and that the gates are locked. The statements must be filed either with their responses to this NAL, or separately if they do not respond (e.g., if they pay the proposed forfeitures). IV. Ordering Clauses 20. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80 of the Rules,29 AMFM Radio Licenses, L.L.C., licensee of station KBIG-FM IS hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 1.1310 of the Rules. 21. IT IS FURTHER ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, and
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- unreasonable practice under section 224 of the Act. Georgia Power is directed to provide reasonable billing back-up information in the future consistent with the findings in this Order. IV. ORDERING CLAUSES 63. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 224, and sections 0.111, 0.311, and 1.1410 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.1410, that the Complaint filed by Knology, Inc. on November 1, 2001, IS GRANTED IN PART, to the extent indicated herein, and otherwise IS DENIED. 64. IT IS FURTHER ORDERED that Georgia Power Company SHALL REFUND to Knology, Inc, within thirty (30) days of the release of this Order
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- we find that this is such a violation.15 B. Future Cases 7. We do not address Infinity's arguments regarding the constitutionality of revocation or imposition of separate forfeitures for multiple violations because we do not impose those sanctions in this case. IV. CONCLUSION AND ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. 503(b), and 47 C.F.R. 0.111, 0.311 and 1.80, Infinity Broadcasting Operations, Inc. FORFEIT to the United States the sum of twenty-seven thousand five-hundred dollars ($27,500) for willfully and repeatedly violating 18 U.S.C. 1464 and 47 C.F.R. 73.3999. 9. Payment of the forfeiture may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture Collection
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- factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that A-O willfully and repeatedly violated Sections 1.1310, 11.35, 73.1125, and 73.1400 of the Rules and that the appropriate forfeiture amount is $25,000. IV. Ordering Clauses 27. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,43 A-O IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for failing to comply with radio frequency radiation maximum permissible exposure limits applicable to transmitters on towers, failing to have EAS equipment installed and operating, failing to maintain a main studio and failing to have adequate transmission system control,
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- the initiation of a revocation proceeding. Moreover, other broadcasters are on notice that the Commission will not hesitate to adopt strong enforcement actions in the future, including the potential initiation of revocation proceedings. See, e.g., 47 U.S.C. 312(a). IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules,14 that Infinity Broadcasting Operations Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty-seven thousand five hundred dollars ($27,500) for willfully violating 18 U.S.C. 1464 and section 73.3999 of the Commission's rules. 15. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty
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- the forfeiture. We also instruct the Enforcement Bureau to do a follow-up investigation to determine whether Ms. Salazar has come into compliance and, if she has not, to take or recommend further enforcement action as appropriate, including the possibility of initiating a license revocation proceeding. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,6 Ms. Salazar IS LIABLE FOR A MONETARY FORFEITURE in the amount of $39,000 for willfully and repeatedly violating Sections 301 and 303(q) of the Act and Sections 73.1350(a) and 17.51 of the Rules and for willfully violating Sections 11.35(a), 73.1125(a), and 73.3526 of the Rules. 4. Payment of the forfeiture shall be made in
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- also specify whether instruction manuals which include the requisite Section 15.105(b) language is currently being included inside the packaging of the Talknet USB Headsets and whether the modified devices bear the required FCC labeling of Section 15.19 of the Rules. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules,17 Datel Design and Development, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 403 of the Act, Datel must
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Alsbrooks.2 Mr. Alsbrooks has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules),4 Billy Thomas Alsbrooks IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Upson.2 Mr. Upson has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules),4 William Davon Upson IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- it has entered into a Consent Decree with the Enforcement Bureau and the Office of Engineering and Technology which terminates the Enforcement Bureau's investigation into the Vector battery chargers and resolves all matters related to Vector's petition for reconsideration.6 In this Order, we grant Vector's motion and dismiss its petition for reconsideration. 3. Accordingly, IT IS ORDERED, pursuant to Sections 0.111 and 0.311 of the Rules,7 that Vector's motion to withdraw IS GRANTED and its October 23, 2003 petition for reconsideration IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Public Notice, Notice Regarding Non-Compliant Battery Chargers, DA 03-2923 (September 23, 2003). 2 47 U.S.C. 302a(b). 3 47 C.F.R. 2.803(a). 4 Vector Products, Inc. d/b/a Vector Manufacturing,
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- the Enforcement Bureau within 30 days of the release of this order outlining what measures it has taken or will take to correct the violations and ensure that they do not recur. Blountstown's report must be submitted in the form of an affidavit or declaration.4 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,6 Blountstown Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $25,000 for willfully violating Sections 11.35, 73.49 and 73.3526(c) of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- the Commission's Atlanta, Georgia Field Office (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $3,000 to Brown Broadcasting.3 Brown Broadcasting has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,4 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,5 Brown Broadcasting System, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully and repeatedly violating Section 17.4(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- of the parties and of this Commission until such time as may actually be necessary. 3. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 4. IT IS FURTHER ORDERED that the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date thatComplainants must convert t heir informal complaint against Telstar
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- offenses, ability to pay, and such other matters as justice may require.''15 Based upon the facts and circumstances presented here, we find the base amount of Four Thousand Dollars ($4,000.00) to be the appropriate proposed forfeiture amount.16 IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,17 and Sections 0.111, 0.311 and 1.80 of the Commission's rules,18 WXDJ Licensing, Inc., licensee of WXDJ(FM), North Miami Beach, Florida, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of Four Thousand Dollars ($4,000.00) for willfully violating Section 73.1206 of the Commission's rules on October 3, 2002.19 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
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- THOMAS SCAGGS ) EB Docket No. 03-241 ) File No. EB-02-IH-0886 Advanced Class Amateur Radio ) Operator and Licensee of ) Amateur Radio Station W5EBC ORDER OF REVOCATION Adopted: April 22, 2004 Released: April 23, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. By this Order of Revocation, acting pursuant to authority delegated to the Enforcement Bureau under section 0.111(a)(16) of the Commission's rules,1 we revoke the above- captioned Amateur license held by Roger Thomas Scaggs. We conclude, based on the evidence of his conviction for murder, that Mr. Scaggs lacks the basic requisite character qualifications to be and remain a Commission licensee. II. BACKGROUND 2. On November 21, 2003, the Commission, by the Chief, Enforcement Bureau, designated this case
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Green.2 Mr. Green has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules),4 Jason T. Green IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Feldman.2 Mr. Feldman has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules),4 Gary M. Feldman IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- our review, we conclude that Johannus repeatedly violated Section 302(b) of the Act and Section 2.803(a) of the Rules. Due to Johannus's history of overall compliance, we find that a reduction of the forfeiture to the amount indicated above is in order. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,21 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,22 Johannus Orgelbouw, b.v. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand, six hundred dollars ($5,600) for repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules23 within 30
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- matter, we conclude that there are no substantial or material questions of fact as to whether WebLink and Metrocall each possess the basic qualifications to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 503(b) of the Communications Act of 1934, as amended,2 and the authority delegated by sections 0.111 and 0.311 of the Commission's Rules,3 the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the referenced investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that copies of this Order shall be sent by first class mail and certified mail, return receipt requested, to WebLink Wireless I, L.P., 3333 Lee Parkway, 12th Floor, Dallas, Texas 75219, with
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- Consumer and Governmental Affairs Bureau Federal Communication Commission 445 12th Street, S.W. Washington, D.C. 20554 5. This order is issued pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 C.F.R. 1.718. 2 See Judware v. Verizon, Order, DA 04-577, 2004 WL 369089 (F.C.C.) (February 27, 2004); Judware v. Verizon, Order, DA 03-4110, 2003 WL 23095472 (F.C.C.) (December 31, 2003); Letter from Warren
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- the required tower registration paperwork to the Commission, we have no evidence of any attempts by B&H to register the tower until three months after B&H was notified of the violation by the Dallas office, nor has B&H provided any such evidence.12 IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 B&H Broadcasting Systems, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for its willful and repeated failure to register its antenna structure registration number 1236577 in violation of Section 17.4(a) of the Rules. 9.Payment of the forfeiture shall be made in the manner provided for in Section
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- factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Meade willfully violated Section 17.4(a)(2) of the Rules and find that neither cancellation nor reduction of the proposed monetary forfeiture is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Meade IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for failure to register its antenna structure, in willful violation of Section 17.4(a)(2) of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- in the form of an affidavit signed by an officer or director of the licensee. If Citywide fails to submit such a report or we find that Citywide is still operating from an unauthorized location, we will consider further appropriate enforcement action. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,12 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 All American Citywide Rainbow Transit, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for willfully and repeatedly violating Section 90.403(a)(2) of the Rules. 13. IT IS ALSO ORDERED that, pursuant Section 308(b) of the Act, Citywide must submit the report described in Paragraph 11, above, within 30 days from the
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- of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree, we find that the public interest would be served by approving the Consent Decree and terminating the investigation. 4. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act, 47 U.S.C. 154(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree IS ADOPTED. 5. AIN shall make its voluntary contribution to the United States Treasury by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Federal Communications Commission, Forfeiture Collection Section, Finance Branch, P.O. Box 73482, Chicago, Illinois
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- reflects the petitioner's current financial status'').17 Petracom offered to, but did not, provide any financial documentation in support of its requested adjustment or cancellation of the forfeiture,18 and thus we have no basis upon which to assess its inability to pay claim.19 IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,20 Petracom of Texarkana, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand four hundred dollars ($5,400) for its failure to comply with the EAS requirements, in willful and repeated violation of Section 11.35(a) of the Rules.21 For collection, the Commission will file a proof of claim at the appropriate time
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- policy that such an effort implemented after Commission notice of or action on a violation, while commendable, does not lessen, mitigate or excuse a past violation and thus does not present a factor that warrants cancellation or reduction of the assessed forfeiture.19 IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,20 Clear Channel Broadcasting Licenses, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for its failure to comply with the antenna structure painting requirements, in willful and repeated violation of Section 73.50 of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for
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- result of our review, we conclude that New Eastern willfully and repeatedly violated Section 90.403(a)(2) of the Rules and we find that, although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount is appropriate as indicated above. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,9 New Eastern Car & Limo Service IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for its violation of Section 90.403(a)(2) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- the form of an affidavit signed by an officer or director of the licensee. If Crews fails to submit such a report or we find that Crews has not come into compliance with Section 17.51(b), we will consider further appropriate enforcement action. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Crews IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for failure to light the captioned antenna structure, in willful violation of Section 17.51(b) of the Rules. 11. IT IS ALSO ORDERED that, pursuant Section 308(b) of the Act, Crews must submit the report described in Paragraph 9, above,
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- FM without a license. He knew he had not received one. He chose to operate without a license. We reject his argument that he was simply testing the equipment. Accordingly, based on the above cited circumstances, we reject his request for mitigation. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,9 Mr. Gabriel Dorcely IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- transmitter site. 2. On October 30, 2003, the Enforcement Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Pacifica.2 Pacifica has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Pacifica Broadcasting Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 301 of the Act and Section 73.1690 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- report must be submitted in the form of an affidavit or declaration, under penalty of perjury, signed by an officer or director of the licensee. MRJ should note that its continued noncompliance could result in additional enforcement action by the Enforcement Bureau. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act15, and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules16, the forfeiture in the amount of twenty-two thousand dollars ($22,000) proposed in the December 26, 2002 NAL issued to MRJ, IS CANCELLED. 14. IT IS FURTHER ORDERED THAT MRJ IS ADMONISHED for failure to conduct weekly EAS tests of the EAS header and EOM codes, failure to register its antenna structure with the
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- discussed above, including the fact that the record contains evidence only of limited routing failures in one state, we find that CenturyTel is apparently liable in the amount of one hundred thousand dollars ($100,000). IV. ORDERING CLAUSES 23. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. 503(b), and sections 0.111, 0.311, and 1.80 of the Commission's rules, 47 C.F.R. 0.111, 0.311, and 1.80, CenturyTel, Inc., CenturyTel of Washington, Inc., CenturyTel of Cowiche, Inc., and CenturyTel of Inter Island, Inc. are hereby NOTIFIED of their APPARENT LIABILITY FOR FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully and repeatedly violating Commission orders and section 52.26(a) of the Commission's
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- in conjunction with the Forfeiture Policy Statement as well. As a result of our review, we conclude that Metropolitan willfully violated Sections 73.1125(a) and 73.3526(b) of the Rules and that neither cancellation nor reduction of the proposed $12,000 monetary forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,8 Metropolitan Radio, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars (12,000) for willfully violating Sections 73.1125(a) and 73.3526(b) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- for further litigation and the expenditure of further time and resources of the parties and this Commission. 6. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 208, sections 1.720-1.729 of the Commission's rules, 47 C.F.R. 1.720-1.729, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Joint Motion IS GRANTED, that the Complaint, the Supplemental Complaint and the Petition ARE DISMISSED WITH PREJUDICE, and this proceeding is hereby terminated. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 11 Formal Complaint, File No. EB-01-MD-007 (filed Mar. 21,
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- of the temporary waiver of Section 11.11(a) of the Rules for the captioned cable system is warranted.11 The information provided by Gilmer shows that a minimal extension is justified, but does not support a finding of financial hardship of a magnitude that would warrant a 12-month extension of the temporary waiver.12 8. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b), 0.311 of the Rules,13 that Gilmer Cable Television Company's request for a waiver of section 11.11(a) of the Rules is GRANTED, consistent with the discussion and conclusions in this Order. 9. IT IS FURTHER ORDERED that Gilmer Cable Television Company place a copy of this waiver in its system file. 10. IT IS FURTHER ORDERED that a copy of
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- Call Interactive and give it to Staton, than to leave things as they currently stand. Accordingly, we deny the equitable relief that Staton requests. IV. ORDERING CLAUSES 30. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j), 201(b) and 208 of the Communications Act of 1934 as amended, 47 U.S.C. 154(i), 154(j), 201(b), 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the above- captioned Complaint of Staton Holdings, Inc., against Sprint Communications Company, L.P. is DENIED, and that the Complaint of Staton Holdings, Inc. against MCI WorldCom Communications, Inc. is granted to the extent set forth herein. 31. IT IS FURTHER ORDERED, pursuant to Sections 1, 4(i) and 209 of
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- to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the forfeiture proceeding. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j) and 503(b) of the Communications Act of 1934, as amended,3 and Sections 0.111 and 0.311 of the Rules,4 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's forfeiture proceeding against Schumacher IS TERMINATED. 7. IT IS FURTHER ORDERED that Schumacher Electric Corporation shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar
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- As a result of our review, we conclude that Wings willfully violated Section 17.51(a) of the Rules. Moreover, we are not persuaded by Wings' mitigation claims. Accordingly, we find that there is no basis to cancel or reduce the assessed forfeiture amount. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,16 Wings IS LIABLE FOR A MONETARY FORFEITURE in the amount of a total of ten thousand dollars ($10,000), for failure to light the captioned antenna structure, in willful violation of Section 17.51(a) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- of an affidavit signed by an officer or director of the licensee. If Pilgrim fails to submit such a report or we find that Pilgrim has not come into compliance with our main studio rule, we will consider further appropriate enforcement action. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Pilgrim Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand dollars ($11,000) for willfully and repeatedly violating Section 73.1125(a) of the Rules and willfully violating Sections 73.1560(a) and 73.1745(a) of the Rules. 16. IT IS ALSO ORDERED that, pursuant Section 308(b) of the Act, Pilgrim must submit the report
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- the Policy Statement as well. As a result of our review, we conclude that Pilgrim willfully and repeatedly violated Sections 11.35, 73.1125(a), 73.1560(a) and 73.1745(a) of the Rules and that neither cancellation nor reduction of the proposed $19,000 monetary forfeiture is warranted. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Pilgrim Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of nineteen thousand dollars ($19,000) for willful and repeated violation of Sections 11.35, 73.1125(a), 73.1560(a) and 73.1745(a) of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- the chief operator. Melodynamic's report must be submitted in the form of an affidavit or declaration, under penalty of perjury, signed by an officer or director of the licensee. Melodynamic should note that its continued noncompliance could result in additional enforcement action. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act13, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules14, Melodynamic Broadcasting Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand dollars ($11,000) for its willful and repeated violation of Sections 1.89(b), 11.15, 73.51(d), 73.51(e)(2), 73.1225(d)(1), 73.1350(c)(1), 73.1560(a)(1), 73.1745 and 73.1870(b)(3) of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Louis.2 Mr. Louis has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules),4 Mr. Rony Richard Louis IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- Commission's New York, New York Field Office (``New York Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to L.A.C.A.2 L.A.C.A. has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules),4 L.A.C.A., State of New York, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- license for WSTN(AM) and is no longer a Commission licensee.12 Therefore, we conclude that cancellation of the forfeiture is warranted. 13 Nevertheless, we find that it is appropriate to admonish Fayette County Broadcasting for its willful and repeated violation of Section 11.35(a).14 IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,15 and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,16 the forfeiture in the amount of eight thousand dollars ($8,000) proposed in the November 5, 2002 NAL issued to Fayette County Broadcasting, IS CANCELLED. 9. IT IS FURTHER ORDERED THAT Fayette County Broadcasting IS ADMONISHED for failure to install operational EAS equipment at Station WSTN(AM) in willful and repeated violation of Section 11.35(a)
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- that accurately reflects the petitioner's current financial status'').16 MPHD's submission of a single bank statement did not suffice and thus did not present any basis that would warrant reduction or cancellation of the assessed forfeiture for each of its violations. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Sections 503(a) and (b) of the Act,17 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,18 Minority Business and Housing Development, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen dollars ($13,000) for its failure to comply with the terms and conditions of its authorization and its failure to comply with the EAS requirements, in willful and repeated violation19 of Sections 73.1350(a) and 11.35(a) of the Rules.20
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- the Commission's Philadelphia, Pennsylvania Field Office (``Philadelphia Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Best Wok.2 Best Wok has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Best Wok IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not
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- our review, we conclude that Mr. Massett willfully violated Section 301 of the Act and we find that, while there is no basis for cancellation of the proposed monetary forfeiture, a reduction to $1,000 is warranted on the basis of financial hardship. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,17 Mr. Massett IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully violating Section 301 of the Act. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- designed to reach those likely to qualify for the service or support. We find Pend Oreille apparently liable for $25,000. We also admonish the company for failing to respond in a timely and thorough manner to a Commission directive. 15. Accordingly, IT IS ORDERED, pursuant to 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. 503(b), and sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.80 that Pend Oreille Telephone Company IS HEREBY NOTIFIED of an Apparent Liability for Forfeiture in the amount of $25,000 for willful and repeated violations of Section 214(e)(1)(B) of the Act, 47 U.S.C. 214(e)(1)(B) and sections 54.405(b) and 54.411(d) of the Commission's rules 47 C.F.R 54.405(b), 54.411(d) as
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- no substantial and material questions of fact as to whether Qwest possesses the basic qualifications, including its character qualifications, to hold or obtain any Federal Communication Commission licenses or authorizations. 5. Accordingly, IT IS ORDERED, pursuant to sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 154(j), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above captioned investigation is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) File No. EB-03-IH-0531 ) Qwest Communications ) Acct. No.
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- these numerous claims, particularly in light of the Court's recent opinion, we are satisfied that our action today serves the public interest. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 154(i), 154(j), 208, section 1.3 of the Commission's rules, 47 C.F.R. 1.3, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that section 1.718(a) of the Commission's rules, 47 C.F.R. 1.718(a), IS HEREBY WAIVED, with regard to the IPP EUCL informal complaints described herein and the deadline for the conversion and filing of these informal complaints into formal complaints is hereby extended to October 28, 2004. This waiver is effective
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- factors listed above, we find that reduction of the proposed forfeiture is warranted because of the compliance record of BLCI with the Commission's Rules. Accordingly, the forfeiture amount is reduced from four thousand dollars ($4,000) to three thousand two hundred dollars ($3,200). IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act14, and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules15, Broadcast Learning Center's Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand, two hundred dollars ($3,200) for its willful and repeated violation of Section 74.532(c) of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules16 within
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- such matters as justice may require. After considering the record, the factors contained in section 503(b)(2)(D) of the Act, 47 U.S.C. 503(b)(2)(D), and the Forfeiture Policy Statement, we believe that a $4,000 forfeiture is appropriate in this case. V. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended,27 and sections 0.111, 0.311, and 1.80 of the Commission's rules,28 that New Northwest Broadcasters, L.L.C. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Four Thousand Dollars ($4,000) for willfully violating section 73.1216 of the Commission's rules. 10. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty (30) days of the release of
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that AT&T Corp. and
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- of material new evidence relating to this matter, we conclude that there are no substantial or material questions of fact as to whether Middle Georgia possesses the basic qualifications to be or remain a Commission licensee. 3. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended,2 and the authority delegated by Sections 0.111 and 0.311 of the Commission's Rules,3 the attached Consent Decree IS ADOPTED. 4. IT IS FURTHER ORDERED that the referenced investigation IS TERMINATED. 5. IT IS FURTHER ORDERED that copies of this Order shall be sent by regular first class mail and certified mail - return receipt requested, to Middle Georgia Communications, Inc., P.O. Box 832, Milledgeville, Georgia 31059-0832, and
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- pursuant to the statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Americom willfully and repeatedly violated Section 1.1310 of the Rules and that the appropriate forfeiture amount is $10,000. IV. Ordering Clauses 17. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Americom IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failing to comply with radio frequency radiation maximum permissible exposure limits applicable to transmitters on towers, in willful and repeated violation of Section 1.1310 of the Rules. 18. Payment of the forfeiture shall be made in the manner
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- a result of our review, we conclude that Greenwood willfully violated Sections 73.49 and 73.3526(a)(2) of the Rules and find that given Greenwood's past history of overall compliance, we conclude that a reduction of the forfeiture amount ($17,000) to $13,600 is appropriate. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,21 Greenwood Acres Baptist Church IS LIABLE FOR A MONETARY FORFEITURE in the amount of $13,600 for willfully violating Sections 73.49 and 73.3526(a)(2) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- note that Ad-Venture's remedial efforts were undertaken after the Field Office's investigation and release of the NOV. Therefore, we conclude that, while commendable, Ad- Venture's subsequent remedial actions are not mitigating circumstances that would warrant a further reduction of the forfeiture amount.11 IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Ad-Venture Media, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000.00) for its failure to failure to comply with the antenna structure painting requirements, in willful and repeated violation of Section 17.50 of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for
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- and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that PCI willfully and repeatedly violated Section 17.51(a) of the Rules and find no basis for cancellation or reduction of the forfeiture proposed for this violation.16 IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,17 Professional Communications Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 17.51(a) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 208, sections 1.720-1.729 of the Commission's rules, 47 C.F.R. 1.720- 1.729, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Stipulation of Dismissal With Prejudice is GRANTED, and that the Complaint is DISMISSED with prejudice. 4. IT IS FURTHER ORDERED that the above-captioned proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Stipulation of Dismissal With Prejudice, File
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- are the best indicator of its ability to pay a forfeiture.11 After reviewing the financial data submitted, we find no evidence in Floyd County Broadcasting's response that would support cancellation of the forfeiture or a reduction based upon inability to pay. 12 IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act13, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules14, Floyd County Broadcasting, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for its willful and repeated violation of Section 11.35(a) of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules15 within 30 days of
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- submit a report to the Enforcement Bureau within 30 days of the release of this Order confirming that it has repaired the lighting outage. Vector's report must be submitted in the form of an affidavit or declaration signed by an officer or director of Vector.4 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,6 Vector Communications, Inc. d/b/a WCFI, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 17.51(a) of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- Field Office (``Norfolk Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to WBLB.2 WBLB has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 WBLB, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for repeatedly violating Section 11.35(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not
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- Commission's New York, New York Field Office (``New York Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Parkway.2 Parkway has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules),4 Parkway Luxury Ride, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- prior good behavior of Fun Media Group, we agree that the forfeiture amount should be reduced. Accordingly, we reduce the $10,000 forfeiture proposed by the Notice of Violation to $8,000 on the basis of a history of overall compliance with Commission Rules. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 Fun Media Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for failure to clean and repaint its antenna structure to maintain good visibility, in willful violation of Section 17.50 of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in
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- competitive harm.13 Specifically, we find that IKUSI has demonstrated that disclosure of the number of devices shipped by IKUSI for sale in the United States, as set forth in its response to question (1), could result in substantial competitive harm. Accordingly, we will accord confidential treatment to this information. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311, 0.459(c) and 0.459(d)(2) of the Rules,14 that the Confidentiality Request filed on April 26, 2004 by IKUSI-Angel Iglesias, S.A. IS GRANTED to the limited extent indicated herein and IS otherwise DENIED. 7. IT IS FURTHER ORDERED, pursuant to Section 0.459(g) of the Rules, that IKUSI-Angel Iglesias, S.A. may file an application for review of this denial with the Commission
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- conclude that a reduction of the forfeiture amount is warranted. We will reduce the ten thousand dollar ($10,000) monetary forfeiture to six thousand six hundred dollars ($6,600) because the children's programming records were in fact with the public inspection files, albeit misfiled. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,22 Time Warner Entertainment - Advance/Newhouse Subsidiary, LLC d/b/a Time Warner Cable IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand six hundred dollars ($6,600) for willful and repeated violation of Section 76.1700(a) of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80
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- the base damages amounts set forth in section III.D, supra.68 IV. ORDERING CLAUSES 23. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and 276, sections 1.720-1.736 and 64.1300-64.1320 of the Commission's rules, 47 C.F.R. 1.720-1.736, 64.1300-64.1320, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Complainants' Supplemental Complaint for Damages IS GRANTED to the extent indicated herein as to Complainants APCC Services, Inc., Data Net Systems, LLC, and Intera Communications Corp. 24. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 276 of the Communications Act of 1934, as amended,
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- bankruptcy filings and financial statements, we agree with Renaissance Radio and are canceling the proposed forfeiture. Nevertheless, we find that it is appropriate to admonish Renaissance Radio18 for its willful and repeated violation of Sections 11.35(a), 17.51(a), and 73.49 of the Rules. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,19 the forfeiture in the amount of twenty-five thousand dollars ($25,000) proposed in the April 21, 2003 Notice of Apparent Liability issued to Renaissance Radio, Inc. IS CANCELLED. 11. IT IS FURTHER ORDERED that Renaissance Radio, Inc. IS ADMONISHED for failure to maintain operational Emergency Alert System equipment, failure to exhibit all red obstruction lighting
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- station. Clay's report must be submitted in the form of a sworn declaration. If Clay fails to submit such a report indicating that he has ceased operation, we will consider further appropriate enforcement action, including potential revocation of his amateur radio license. III. ORDERING CLAUSES 4. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act4 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,5 Mark A. Clay IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully and repeatedly violating Section 301 of the Act. 5. IS ALSO ORDERED that, pursuant Section 308(b) of the Act, Mr. Clay must submit the report described in Paragraph 3, above, within 30 days from
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- We have reviewed the Consent Decree and evaluated the circumstances underlying the Bureau's investigation. We believe that the public interest would be served by adopting the Consent Decree and terminating the investigatory proceeding, except as provided in the Consent Decree. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to sections 4(i) of the Communications Act of 1934, as amended,1 and sections 0.111 and 0.311 of the Commission's rules,2 the Consent Decree attached hereto IS ADOPTED. 4. IT IS FURTHER ORDERED, that a copy of this Order and Consent Decree shall be sent by certified mail, return receipt requested to Levi E. Willis, Sr., President of the captioned licensees, 645 Church Street, Suite 400, Norfolk, VA 23510, with copies to the licensees' counsel,
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- EB Docket No. 04-28 ) EB-02-TS-588 Grantee of Equipment ) FRN # 0005-8369-60 Authorization for ) General Mobile Radio Service ) Radios, FCC ID# OAJFR1-GPS ORDER OF REVOCATION Adopted: June 14, 2004 Released: June 16, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. By this Order of Revocation, acting pursuant to authority delegated to the Enforcement Bureau under section 0.111(a)(17) of the Commission's rules,1 we revoke the above- captioned equipment authorization held by J Communications Co., Ltd. (``J Communications'') for its General Mobile Radio Service (``GMRS'') radios. We conclude, based on the evidence described herein, that the GMRS radios manufactured by J Communications under FCC ID# OAJFR1-GPS have the capability to transmit data, specifically Global Positioning System (``GPS'') location information,
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- basis for further reduction.11 IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Sections 405, 503(b)(2)(d) and 504(b) of the Communications Act of 1934, as amended, and Sections 1.80(i) and 1.106 of the Rules, the Needham's petition for reconsideration IS GRANTED. 7. IT IS FURTHER ORDERED that, pursuant to Sections 503(a) and (b) of the Act,12 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 Pamal Broadcasting, Ltd., IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand four hundred dollars ($2,400) for its failure to comply with the notification requirement of the ASR rules, in willful and repeated violation14 of Sections 17.57 of the Rules.15 8. Payment of the forfeiture shall be made in the manner
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- As a result of our review, we conclude that NYRS willfully and repeatedly violated Section 1.903(a) of the Rules and we find that, although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $3,200 is appropriate. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,15 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,16 New York Radio Service IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for willfully and repeatedly violating Section 1.903(a) of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- any privilege or confidentiality that may have once attached to them. IV. ORDERING CLAUSES 20. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 0.457 and 0.459 of the Commission's rules, 47 C.F.R. 0.457 and 0.459, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that AT&T's requests for confidential treatment of the Subject Documents and for an order requiring AudioText to return to AT&T all copies of the Subject Documents, and precluding AudioText from introducing, referencing, and/or relying upon the document in this proceeding, are DENIED. 21. IT IS FURTHER ORDERED, pursuant to section
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the request for extension of time to file complainants' formal complaint IS GRANTED. 5. IT IS FURTHER ORDERED that the deadlines that otherwise would apply under section 1.718 of the Commission's rules, 47 C.F.R. 1.718, are hereby waived, and the date that the Complainants must convert their informal complaint
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- because of Forrester's general history of compliance with the Commission's Rules and its good faith efforts to cure the violation prior to Commission involvement. Accordingly, the forfeiture amount is reduced from seven thousand dollars ($7,000) to four thousand four hundred dollars ($4,400). IV. ORDERING CLAUSES 4. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act9, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules10, Forrester ET AL , IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand four hundred eighty dollars ($4,400) for its willful violation of Section 73.49 of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules11 within 30
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- factors listed above, we find that reduction of the proposed forfeiture is warranted because of the compliance record of STC with the Commission's Rules. Accordingly, the forfeiture amount is reduced from eight thousand dollars ($8,000) to six thousand four hundred dollars ($6,400). IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act18, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules19, Small Town Communications Partners I LP, IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand four hundred dollars ($6,400) for its willful violation of Sections 76.605(a)(12) and 76.611(a)(1) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's
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- based on bankruptcy filings.16 However, because it appears that M.J. Phillips has not relinquished control over the station, its bankruptcy filing, alone, does not preclude the imposition of forfeitures,17 and does not warrant reduction or cancellation of the proposed forfeiture.18 IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Sections 503(a) and (b) of the Act,19 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,20 M.J. Phillips Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for its willful and repeated violations21 of Sections 73.1560(a)(1), 73.11.35(a), 11.52(d) and 17.4(a) of the Rules. For collection, the Commission will file a proof of claim at the appropriate time in M.J. Phillip's bankruptcy action.22 9.
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- by Pinpoint, we conclude that temporary waivers of section 11.11(a) of the rules for the above- captioned cable television systems, is warranted. In particular, we find that the estimated $59,500 cost to purchase and install EAS equipment at these recently acquired cable television systems could impose a financial hardship on Pinpoint. 5. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0.204(b) and 0.311 of the rules,11 Pinpoint Communications, Inc.'s request for temporary waivers of section 11.11(a) of the rules is GRANTED until October 1, 2005, for the seven captioned cable television systems.12 6. IT IS FURTHER ORDERED that Pinpoint Communications, Inc. place a copy of this waiver in its system files. 7. IT IS FURTHER ORDER that a copy of
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- temporary waivers of section 11.11(a) of the Rules for the 35 cable systems listed in Attachment A, is warranted. In particular, we find that the estimated cost of $350,000 to purchase and install EAS equipment at these recently acquired cable television systems could impose a financial hardship on LB Cable Georgia. 5. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0204(b) and 0.311 of the rules,10 LB Cable Georgia LLC's request for temporary waivers of section 11.11(a) of the rules is GRANTED until October 1, 2005, for its 35 cable television systems listed in Attachment A.11 6. IT IS FURTHER ORDERED that LB Cable Georgia LLC place a copy of this waiver in its system files. 7. IT IS FURTHER
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- that temporary waivers of section 11.11(a) of the Rules for the cable television systems in Ryegate, Hysham, and Harlowton, Montana are warranted. In particular, we find that the estimated $27,000 cost to purchase and install EAS equipment at these recently acquired cable television systems could impose a financial hardship on Mid-Rivers. 5. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0204(b) and 0.311 of the rules,11 Cable & Communications Corporation, d/b/a Mid-Rivers Cable Television's request for temporary waivers of section 11.11(a) of the rules is GRANTED until October 1, 2005, for its cable television systems in Ryegate, Hysham and Harlowton, Montana.12 6. IT IS FURTHER ORDERED that Cable & Communications Corporation, d/b/a Mid-Rivers Cable Television place a copy of this
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- AM towers. Metro Radio's report must be submitted in the form of an affidavit or declaration, under penalty of perjury, signed by an officer or director of the licensee. Metro Radio should note that continued noncompliance could result in additional enforcement actions. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,16 Metropolitan Radio Group of Florida, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 73.49 of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- Cable & Wireless' bankruptcy proceedings, rather than filing an entirely new formal complaint.12 6. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3, 1.716-18, and 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.3, 1.716-18, 1.720-36, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Qwest's and U.S. South's Joint Request for Dismissal With Prejudice as to U.S. South IS GRANTED. 7. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3, 1.716-18, and 1.720-1.736 of
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- will provide the Illinois SECC with sufficient time to come into compliance with section 11.61(a)(1)(v) of the rules. Accordingly, all Illinois radio and television stations and subject cable systems may continue to adhere to the daytime schedule for the RMTs as stated in the Illinois State EAS plan until June 30, 2004. 5. Accordingly, IT IS ORDERED, pursuant to sections 0.111, 0.204(b) and 0.311 of the Commission's rules,4 that the Illinois State Emergency Communications Committee's request for waiver of section 11.61(a)(1)(v) of the Rules is GRANTED in part, consistent with the discussion and conclusions in this Order. 6. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail Return Receipt Requested to Warren Shultz, Chairman,
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- licensees for the complained-of broadcasts.22 Viewing these circumstances in light of the Commission's clear directive (quoted above) regarding treatment of broadcast speech that allegedly advocates or incites violence, we conclude that no substantial question exists about the licensees' qualifications and that initiation of a revocation proceeding is not warranted. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED, pursuant to section 0.111(a)(11) and 0.311 of the Commission's rules,23 that the above-described complaints filed against the licensees of Stations WDCG(FM), WMJI(FM), and KLOL(FM) are hereby DENIED. 12. IT IS FURTHER ORDERED, that a copy of this Memorandum Opinion and Order be sent by first class mail to each of the complainants for which the Commission has a return address and to Richard W.
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- Consumer and Governmental Affairs Bureau Federal Communication Commission 445 12th Street, S.W. Washington, D.C. 20554 5. This order is issued pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 C.F.R. 1.718. 2 See Judware v. Verizon, Order, DA 04-1099, 2004 WL 877367 (F.C.C.) (April 26, 2004); Judware v. Verizon, Order, DA 04-577, 2004 WL 369089 (F.C.C.) (February 27, 2004); Judware v. Verizon,
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the request for extension of time to file complainants' formal complaint IS GRANTED. 5. IT IS FURTHER ORDERED that the deadlines that otherwise would apply under section 1.718 of the Commission's rules, 47 C.F.R. 1.718, are hereby waived, and the date that the Complainants must convert their informal complaint
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- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Pilgrim Communications, Inc. willfully and repeatedly violated Section 73.49 of the Rules and find that cancellation of the proposed monetary forfeiture is not warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and sections 0.111, 0.311 and 1.80(f) of the Rules,11 Pilgrim Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 73.49 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- and the factors listed above, we find that reduction of the proposed forfeiture is warranted because of Meeker's compliance record with the Commission's Rules. Accordingly, the forfeiture amount is reduced from eight thousand dollars ($8,000) to six thousand four hundred dollars ($6,400). IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Charles R. Meeker, IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand four hundred dollars ($6,400) for willfully and repeatedly violating Section 11.35 of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- and the factors listed above, we find that reduction of the proposed forfeiture is warranted because of Simmons' compliance record with the Commission's Rules. Accordingly, the forfeiture amount is reduced from four thousand dollars ($4,000) to three thousand two hundred dollars ($3,200). IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 Simmons-SLC, LS, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand two hundred dollars ($3,200) for willfully and repeatedly violating Section 74.1232(d)of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- in conjunction with the Policy Statement as well. As a result of our review, we conclude that Mr. DeNaples willfully violated Section 1.903(a) of the Commissions Rules,10 and we find no basis for rescinding or reducing the $4,000 forfeiture for this violation. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 Dominic DeNaples IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for violating Section 1.903(a) of the Commission's Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- that temporary waivers of section 11.11(a) of the Rules for the 20 cable systems listed in Attachment A, are warranted. In particular, we find that the estimated cost of $200,000 to purchase and install EAS equipment at these recently acquired cable television systems could impose a financial hardship on LB Cable. 5. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0204(b) and 0.311 of the rules,10 LB Cable LLC's request for temporary waivers of section 11.11(a) of the rules is GRANTED until October 1, 2005, for its 20 cable television systems listed in Attachment A.11 6. IT IS FURTHER ORDERED that LB Cable LLC place a copy of this waiver in its system files. 7. IT IS FURTHER ORDERED that
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- Wyoming, we conclude that temporary waivers of section 11.11(a) of the Rules for the above-captioned cable systems, are warranted. In particular, we find that the estimated cost of $60,000 to purchase and install EAS equipment at these recently acquired cable television systems could impose a financial hardship on LB Cable Wyoming. 5. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0204(b) and 0.311 of the rules,10 LB Cable Wyoming LLC's request for temporary waivers of section 11.11(a) of the rules are GRANTED until October 1, 2005, for the six above-captioned cable television systems in Wyoming.11 6. IT IS FURTHER ORDERED that LB Cable Wyoming LLC place a copy of this waiver in its system files. 7. IT IS FURTHER ORDERED
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- conclude that temporary waivers of section 11.11(a) of the Rules for the ten above- captioned cable systems, are warranted. In particular, we find that the estimated cost of $100,000 to purchase and install EAS equipment at these recently acquired cable television systems could impose a financial hardship on LB South Carolina. 5. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0204(b) and 0.311 of the rules,10 LB Cable South Carolina LLC's request for temporary waivers of section 11.11(a) of the rules is GRANTED until October 1, 2005, for its ten above- captioned cable television systems in South Carolina.11 6. IT IS FURTHER ORDERED that LB Cable South Carolina LLC place a copy of this waiver in its system files. 7.
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- we conclude that temporary waivers of section 11.11(a) of the Rules for the seven above-captioned cable systems, are warranted. In particular, we find that the estimated cost of $70,000 to purchase and install EAS equipment at these recently acquired cable television systems could impose a financial hardship on LB Cable Florida. 5. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0204(b) and 0.311 of the rules,10 LB Cable Florida LLC's request for temporary waivers of section 11.11(a) of the rules is GRANTED until October 1, 2005, for its seven above-captioned cable television systems in Florida.11 6. IT IS FURTHER ORDERED that LB Cable Florida LLC place a copy of this waiver in its system files. 7. IT IS FURTHER ORDERED
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- we conclude that temporary waivers of section 11.11(a) of the Rules for the thirteen above-captioned cable systems, are warranted. In particular, we find that the estimated cost of $130,000 to purchase and install EAS equipment at these recently acquired cable television systems could impose a financial hardship on LB Cable Montana. 5. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0204(b) and 0.311 of the rules,10 LB Cable Montana LLC's request for temporary waivers of section 11.11(a) of the rules is GRANTED until October 1, 2005, for its thirteen above-captioned cable television systems in Montana.11 6. IT IS FURTHER ORDERED that LB Cable Montana LLC place a copy of this waiver in its system files. 7. IT IS FURTHER ORDERED
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- PCI willfully violated Section 73.49 of the Rules11 and find that, although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $1,000 is appropriate based on PCI's good faith efforts to comply and its financial situation. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Power Country, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully violating Section 73.49 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- Los Angeles, California Field Office (``Los Angeles Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $20,000 to Mr. Mayo.2 Mr. Mayo has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''),4 Stanley Mark Mayo IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- Los Angeles, California Field Office (``Los Angeles Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $11,000 to Mr. Granda.2 Mr. Granda has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Daniel Granda IS LIABLE FOR A MONETARY FORFEITURE in the amount of $11,000 for willfully and repeatedly violating Sections 308(b) and 333 of the Act and Sections 97.101(b) and 97.101(d) of the Rules . 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- Office (``Los Angeles Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $2,000 to Sunbelt.2 Sunbelt has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Sunbelt Television, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for repeatedly violating Section 11.35(a) and 11.61(a)(1) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- questions of fact with respect to this matter as to whether CenturyTel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 503(b), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above captioned investigation is TERMINATED and the Notice of Apparent Liability in this proceeding3 is RESCINDED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, DC 20554 In the Matter
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- the need for further litigation and expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-36, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Madison River's and BellSouth's joint motion for dismissal with prejudice IS GRANTED. 5. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-36, and
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- has been brought against Greater Boston regarding the complained-of broadcast. Viewing these circumstances in light of the Commission's clear directive regarding treatment of broadcast speech that allegedly advocates or incites violence, we conclude that no substantial question exists concerning Greater Boston's qualifications and that Commission action is not warranted. IV. ORDERING CLAUSES 7. ACCORDINGLY, IT IS ORDERED, pursuant to sections 0.111(a)(11) and 0.311 of the Commission's rules,7 that the above-described complaints filed against Greater Boston Radio, Inc. are hereby DENIED. 8. IT IS FURTHER ORDERED, that a copy of this Memorandum Opinion and Order be sent by first class mail or e-mail to each of the complainants for which the Commission has a return or e-mail address and to Greater Boston
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- $1,460,000. Based on our review of the information provided by Charter, we agree that Charter has shown sufficient economic hardship to warrant temporary waivers of section 11.11(a) of the Rules for the 153 cable systems listed in Appendix A, and grant Charter a waiver of these rules until October 1, 2005.10 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,11 Charter Communications, Inc. IS GRANTED a waiver of Sections 11.11(a), 11.52(d) and 11.61 of the Rules as specified herein and the request for a declaratory ruling IS DISMISSED AS MOOT because it was withdrawn by Charter Communications, Inc. 6. IT IS FURTHER ORDERED that Charter Communications, Inc. place a copy of this waiver in
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- to have a history of overall compliance with the Commission's rules, however, the NAL made no downward adjustment to reflect that determination. We therefore reduce the $17,000 forfeiture amount to $13,600 to reflect FNX's history of overall compliance with the Commission's rules. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,22 FNX Broadcasting, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen thousand six hundred dollars ($13,600) for willful23 and repeated24 violation of Sections 73.1125 and 73.3526(b) of the Rules at station WPHX(AM). 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- to have a history of overall compliance with the Commission's rules, however, the NAL made no downward adjustment to reflect that determination. We therefore reduce the $17,000 forfeiture amount to $13,600 to reflect FNX's history of overall compliance with the Commission's rules. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,22 FNX Broadcasting, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen thousand six hundred dollars ($13,600) for willful23 and repeated24 violation of Sections 73.1125 and 73.3526(b) of the Rules at station WPHX-FM. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Chladek willfully violated Section 73.49 of the Rules, but we find that the forfeiture should be reduced to six thousand three hundred dollars ($6,300). IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 James Chladek, licensee of Station WMXC(AM), Parsippany-Troy, New Jersey. IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand three hundred dollars ($6,300) for his willful violation of Section 73.49 of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- find that it is appropriate to propose a $20,000 forfeiture. Further, while PSN has tendered its Section 325(c) permit for cancellation,42 we find that such a post-remedial measure does not lessen, mitigate, or excuse its past violations of the Act.43 IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act44 and Sections 0.111, 0.311 and 1.80 of the Rules,45 Pacific Spanish Network, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willfully and repeatedly violating the express terms and conditions of its Section 325(c) permit. 16. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of
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- record of Barnacle Broadcasting Company, Ltd, we agree that the forfeiture amount should be reduced. Accordingly, we reduce the $10,000 forfeiture proposed by the Notice of Apparent Liability to $8,000 on the basis of a history of overall compliance with Commission Rules. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,21 Barnacle Broadcasting Company, Ltd IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willful violation of Section 17.51 of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- Further, Pacifica states it is a small business entity, in support of its request that the forfeiture be reduced, without providing any financial documentation. It is well established that reliance on small business status alone without substantiation of the inability to pay claim is insufficient.4 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act5, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules6, Pacifica Foundation, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for its willful and repeated violation of Sections 11.61(a)(1)(i), 11.61(a)(2)(i)(A) and 73.1870(c)(3) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- the factors listed above, we find that reduction of the proposed forfeiture is warranted because of the compliance record of Business Cell with the Commission's Rules. Accordingly, the forfeiture amount is reduced from ten thousand dollars ($10,000) to eight thousand dollars ($8,000). IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act14, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules15, Business Cell, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for its willful and repeated violation of Section 17.51(b) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules16 within 30 days of the
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- antenna structure. Moreover, Clamor does not dispute that the violation was repeated. Finally, although Clamor claims to have resubmitted its antenna structure registration application to the Commission on July 20, 1999, there is no evidence to indicate that Clamor actually did so. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Clamor Broadcasting Network, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for its willful and repeated failure to register its antenna structure in violation of Section 17.4(a) of the Rules. 9.Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
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- indicate that Servisair is not licensed to operate at Newark International Airport and is not now operating there. In addition to the forfeiture assessed here, we warn Servisair that any future operation without a license could lead to more severe enforcement action. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,15 Servisair IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for its willful and repeated violation of Section 301 of the Act. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- result of our review, we conclude that Arnold willfully and repeatedly violated Section 301 of the Communications Act of 1934, as amended,19 and Section 11.61(a)(2) of the Rules, but we find that the forfeiture should be reduced to $6,000 for these violations. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,20 Arnold Broadcasting Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000) for its violation of Section 301 of the Act and Section 11.61(a)(2) of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the forfeiture proceeding. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended,2and Sections 0.111 and 0.311 of the Rules,3 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's forfeiture proceeding against Unocal IS TERMINATED. 7. IT IS FURTHER ORDERED that Union Oil Company of California shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check
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- above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Mr. Desinor willfully violated Sections 301 of the Act and find no basis for cancellation or reduction of the proposed $10,000 monetary forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 Mr. Desinor IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- with the Forfeiture Policy Statement. As a result of our review, we conclude that Johnson willfully and repeatedly violated Section 73.1745(a) of the Rules and reduce the forfeiture amount to $3,200 based on Johnson's past history of overall compliance with the Rules. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,9 Johnson Enterprises, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand two hundred dollars ($3,200) for repeatedly violating Section 73.1745(a) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- Accordingly, we cancel the proposed forfeiture. Nevertheless, we find that it is appropriate to admonish Cornell for its willful and repeated violation of 73.1350(b)(2) of the Rules and its willful violation of Section 73.3527(c) of the Rules. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,10 the forfeiture in the amount of thirteen thousand dollars ($13,000) proposed in the June 27, 2003 Notice of Apparent Liability issued to Cornell College IS CANCELLED. 7. IT IS FURTHER ORDERED that Cornell College IS ADMONISHED for failure to maintain transmitter control and failure to make available the station's public file in willful
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- although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $6,000 is appropriate based on Andrews Tower's good faith efforts to comply and its past history of compliance with the Rules. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,11 Andrews Tower Rental, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000) for willfully and repeatedly violating Section 17.50 of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- by Clearvision, we conclude that temporary waivers of section 11.11(a) of the rules for the above- captioned cable television systems are warranted. In particular, we find that the estimated $30,000 cost to purchase and install EAS equipment at these recently acquired cable television systems could impose a financial hardship on Clearvision. 5. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0.204(b) and 0.311 of the rules,10 Clearvision Cable Systems, Inc.'s request for temporary waivers of section 11.11(a) of the rules is GRANTED until October 1, 2005, for the five captioned cable television systems.11 6. IT IS FURTHER ORDERED that Clearvision Cable Systems, Inc. place a copy of this waiver in its system files. 7. IT IS FURTHER ORDERED that a
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- forfeiture amount is warranted. We will reduce the two thousand dollar ($2,000) monetary forfeiture to one thousand six hundred dollars ($1,600) because Pearson acted in good faith by taking action to correct the violation prior to the New Orleans Office agent's inspection. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 Pearson Broadcasting of Mena, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand six hundred dollars ($1,600) for its willful and repeated violation of Section 11.61 of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the record and the terms of the Consent Decree, we believe that the public interest will be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act, as amended,1 and Sections 0.111 and 0.311 of the Rules,2 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation of Blackstone~NEY IS TERMINATED. 7. IT IS FURTHER ORDERED that Blackstone~NEY Ultrasonics, Inc. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument,
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- four years. Because Casey has presented financial information only with respect to this station and not his company overall,6 and has not provided any supporting documentation, we are not in a position to make a downward adjustment based on inability to pay.7 III. ORDERING CLAUSES 4. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,8 Casey Network, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 73.49 of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules9 within 30 days of the release of this Order. If the
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- above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Wanda Doonan Trust willfully violated Section 17.50 of the Rules, but we reduce the forfeiture proposed for this violation from $10,000 to $1,000.13 IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Wanda Doonan Trust IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for repeated violation of Section 17.50 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- Statement as well. As a result of our review, we conclude that CB willfully and repeatedly violated Section 17.4(a) of the Rules and we find that cancellation of the proposed monetary forfeiture is not warranted but a reduction to $2,400 is appropriate. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 CB Radio, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand four hundred dollars ($2,400) for its willful and repeated violation of Section 17.4(a) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- appropriate.3 In so reducing the proposed forfeiture, we admonish Sauer for his deliberate, willful and repeated violations of the Part 97 of the Rules governing amateur radio operations, and caution Sauer that further violations may result in additional enforcement measures, including revocation of his license.4 4. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,5 Ronald E. Sauer IS LIABLE FOR A MONETARY FORFEITURE in the amount of four hundred dollars ($400) for its deliberate, willful and repeated violations of Sections 97.101(d), 97.113(a)(4) and 97.119(a) of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- well. As a result of our review, we conclude that Pittman willfully violated Section 73.49 of the Rules, and that based on Pittman's history of compliance and current financial situation a reduction in the forfeiture amount from $7,000 to $3,000 is appropriate. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, 21 Pittman Broadcasting Services, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for willfully violating Section 73.49 of the Rules. 14. IT IS FURTHER ORDERED THAT, pursuant to Section 504(b) of the Act,22 and Section 1.80 (f)(4) of the Rules, the portion of the NAL concerning Pittman
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- in conjunction with the Policy Statement as well. As a result of our review, we conclude that Williams willfully11 violated Sections 73.49 and 73.3526(c)(1) of the Rules, but we reduce the forfeiture proposed for these violations from $17,000 to $9,200, based on Williams's financial showing. 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,12 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,13 Marion R. Williams IS LIABLE FOR A MONETARY FORFEITURE in the amount of nine thousand, two hundred dollars ($9,200) for willful violation of Sections 73.49 and 73.3526(c)(1) of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- thirty (30) days following the release of this Order how it has achieved compliance with Sections 73.1125, 73.1745(a), and 73.3526(c)(1) of the Rules. RJM's report must be submitted in the form of an affidavit signed by an officer or director of RJM. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 RJM Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for its violation of Sections 73.1125, 73.1745(a), and 73.3526(c)(1) of the Rules. 7. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Act, RJM must submit the report described in Paragraph 5, above,
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- Mr. Jackson willfully and repeatedly violated Section 301 of the Communications Act of 1934, as amended. While we find no basis for canceling the forfeiture, we reduce the total amount of the forfeiture to $3,000 based on Mr. Jackson's inability to pay. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Donald Donovan Jackson IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for his violation of Section 301 of the Act. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Entravision repeatedly violated Section 17.57 of the Rules. We also conclude that neither cancellation nor reduction of the proposed $3,000 monetary forfeiture is warranted. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 Entravision Communications Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for failure to notify the Commission of a change in the antenna structure's ownership information, in repeated violation of Section 17.57 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for
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- amount due to a demonstrated inability to pay. 12. After careful and complete review of all relevant factors, based on the above cited circumstances, we conclude that Mr. Selvanto willfully violated Section 301 of the Act and find no basis for mitigation. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Mr. Michael S. Selvanto IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 301 of the Act. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- Statement. As a result of our review, we conclude that Mr. Simon willfully and repeatedly violated Section 301 of the Act and find no basis for cancellation or reduction of the $10,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,10 Wilner Simon IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- the factors listed above, we find that reduction of the proposed forfeiture is warranted because of FTP's history of compliance with the Commission's Rules. Accordingly, the forfeiture amount is reduced from four thousand dollars ($4,000) to three thousand, two hundred dollars ($3,200). IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 FTP Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand, two hundred dollars ($3,200) for its repeated violation of Section 73.1745 of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- Sections 17.4(g) and 17.57 of the Commission's Rules, and, although we find no basis for canceling the proposed forfeiture, we reduce the total forfeiture amount to $4,600 based on Capstar's good faith effort to comply with Section 17.4(g) of the Commission's Rules. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,17 Capstar Radio Operating Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand, six hundred dollars ($4,600) for failure to provide an ASR number at the base of its tower structure and failure to notify the Commission of a change in ownership information in violation of Sections 17.4(g) and 17.57 of
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- of employees or independent contractors have resulted in violations.''9 Finally, although Acapulco states that it has programmed its equipment to operate only on its licensed frequency, we note that remedial actions taken to correct the violation, while commendable, are not mitigating factors.10 IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 Acapulco Car Service, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for its willful and repeated operation of radio transmitting equipment on an unauthorized frequency on July 9 and 10, 2002 in violation of Section 1.903(a) of the Rules. 7. Payment of the forfeiture shall be made
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- cancel the Notice of Apparent Liability for Forfeiture (the ``NAL'') issued in this proceeding against Edmund Dinis.1 After reviewing the record, we have concluded that the NAL was issued outside of the statute of limitations contained in section 503(b)(6) of the Communications Act of 1934, as amended (the ``Act'').2 2. Accordingly, pursuant to section 503(b) of the Act,3 and sections 0.111 and 0.311 of the Commission's rules,4 the NAL is hereby cancelled. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 See Edmund Dinis, 17 FCC Rcd 24890 (EB 2002). 2 47 U.S.C. 503(b)(6). 3 47 U.S.C. 503(b). 4 47 C.F.R. 0.111, 0.311. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-250A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-250A1.doc
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- and repeatedly violated violations of Section 73.1745(a) of the Rules; and that 4M Communications willfully violated Section 17.50 of the Rules. We find that the proposed forfeitures against 4M of Richmond and 4M Communications should be reduced to the amounts indicated above. IV. ORDERING CLAUSES 18. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,21 4M of Richmond IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand six hundred dollars ($6,600) for willful violation of Section 73.49 of the Rules and for willful and repeated violations of Section 73.1745(a) of the Rules. 19. IT FURTHER IS ORDERED that 4M Communications IS LIABLE FOR A MONETARY FORFEITURE
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- Nettleton systems to the Amory headend by the end of the first quarter of 2004, we do not believe that nine- month extensions are warranted for these systems. Rather, we conclude that six-month extensions of the temporary, 12-month waivers of Section 11.11(a) for the Aberdeen and Nettleton cable systems are warranted.9 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b), 0.311 of the Rules,10 Vista III Media, LLC IS GRANTED a waiver of Section 11.11(a) of the Rules until April 1, 2004 for the Aberdeen and Nettleton, Mississippi cable television systems and IS GRANTED a waiver of Section 11.11(a) of the Rules until July 1, 2004 for the Holly Springs, Mississippi cable television system. 7. IT IS FURTHER ORDERED
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- imported and marketed its RCT Model TM60, which does not comply with the timing requirements set forth in Section 15.231(a). We therefore find it appropriate and consistent with precedent to propose a base forfeiture of $7,000 for importing and marketing non-compliant equipment.24 IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,25 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,26 IKUSI, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803(a)(1) and 15.231(a) of the Rules. 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty (30) days
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- demonstrating that the required meaningful staff and management presence is being maintained at the WTRI studio. JMK's report must be submitted in the form of an affidavit or declaration, under penalty of perjury, signed by an officer or director of the licensee. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act15, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules16, JMK Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of eighteen thousand dollars ($18,000) for its willful violation of Sections 1.89, 73.49, and 73.1125(a) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules17 within 30 days
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- the basis of inability to pay in the absence of financial documentation (e.g., federal tax returns, GAPP standard accounting statements, or other reliable, objective information).13 WCVC did not submit any financial documentation that would enable us to assess its ability to pay.14 IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,15 WCVC, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000.00) for its failure to failure to effectively fence or enclose an antenna structure with radio frequency potential at its base, in willful violation of Section 73.49 of the Rules. 10. Payment of the forfeiture shall be made in
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- note that Playa del Sol claims to have a history of compliance with the Commission's Rules. Having found that Playa del Sol does have a history of compliance with the Commission's Rules, we believe a reduction of the forfeiture to $12,000 is warranted. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,20 Playa del Sol Broadcasters, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand ($12,000) for its willful and repeated violations of Sections 73.1125, 11.35, and 11.61 of the Rules at station KRCK-FM. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
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- and 2002 in support of his inability to pay contention. We have reviewed the financial information submitted by Mr. Neely and find that this information does not provide a basis for cancellation. Indeed, the forfeiture is a very small percentage of Rejoice, Inc.'s gross revenues.5 4`. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,7 Frank Neely IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for his repeated violation of Section 73.1745(a) of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- processes as a whole. Accordingly, we deny Verizon's request to admit the Documents into the record. IV. ORDERING CLAUSE 15. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Documents may not be entered into the record of this proceeding, and that Verizon's Answer is stricken. Commission staff will promptly issue a schedule for further actions to be taken in this proceeding. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 For purposes of
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- we find that the parties have shown good cause for us to dismiss the Burbanks' formal complaint with prejudice. 7. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 208, and section 1.727 of the Commission's rules, 47 C.F.R. 1.727, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Joint Motion to Dismiss Formal Complaint with Prejudice filed by the parties to this proceeding IS GRANTED. 8. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 208, and section 1.727 of the Commission's
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- but not co-owned.6 Therefore, we find that Hull is in fact seeking a permanent rule change, which is inappropriate in the form of a waiver request.7 Accordingly, we find that Hull's request should be denied. Finally, because Hull has already installed EAS equipment, there is no need for a temporary waiver. 4. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b), 0.311 of the Rules,8 Hull Broadcasting, Inc.'s request for waiver of Section 11.51(j) of the Rules, IS DENIED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail Return Receipt Requested to counsel for Hull Broadcasting, Inc., Matthew H. McCormick, Reddy, Begley & McCormick, LLP, Suite 610, 1156 15th Street, N.W., Washington,
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- the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Motion to Withdraw Request for Reconsideration IS GRANTED and that all claims in the above- captioned proceeding ARE DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Pole Attachment Complaint, File No. PA 01-003 (filed Mar. 16, 2001)
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- within two weeks of receipt. Classic has offered to notify the Commission when the equipment is installed. 5. Based on our review of the additional information submitted by Classic, we find that an extension of its temporary waivers of section 11.11(a) of the Rules for the above-captioned cable systems, are warranted. 6. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0.204(b) and 0.311 of the Rules,15 Classic Communications, Inc. IS GRANTED temporary waivers of section 11.11(a) of the Rules until October 1, 2004, for the above captioned cable systems.16 7. IT IS FURTHER ORDERED that Classic Communications, Inc. notify the Director, Office of Homeland Security, Enforcement Bureau immediately upon installation of the EAS equipment at the above-captioned cable systems by
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- no substantial or material questions of fact with respect to this matter as to whether ICC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and the authority delegated by section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Letter from Hillary DeNigro, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Jeffrey J. Prosser, Chief
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- Consumer and Governmental Affairs Bureau Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 5. This order is issued pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 C.F.R. 1.718. 2 See Judware v. Verizon, Order, DA 04-1874, 2004 WL 1432325 (F.C.C.) (June 24, 2004); Judware v. Verizon, Order, DA 04-1099, 2004 WL 877367 (F.C.C.) (April 26, 2004); Judware v. Verizon,
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- not regulated. 12. Based on our review of the record and of Freewave's website, we find no evidence that Freewave has marketed or is marketing bilateral amplifiers to the general public in violation of Section 15.204 of the Rules. We accordingly conclude that MDS's unsubstantiated allegations do not warrant further action. 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 0.111 and 0.311 of the Rules,8 MDS's informal request for Commission action is dismissed to the extent indicated herein and is otherwise denied. 14. IT IS FURTHER ORDERED that a copy of this Order be sent via first class mail and certified mail, return receipt requested, to counsel for MDS, Wayne V. Black, Esq., Keller and Heckman LLP, 1001 G Street,
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- conclude that there are no substantial or material questions of fact as to whether New Edge possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above captioned investigation is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) File No. EB-04-IH-0157 ) New Edge Network, Inc. )
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- statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Leon's Radio willfully violated Section 17.50 of the Rules and find no basis for a reduction of the proposed forfeiture amount. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 Leon's Radio Broadcasting Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.50 of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and 203(c); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. (1996); 47 C.F.R.
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- private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and 203(c); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. (1996); 47 C.F.R.
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- Commission. Hence, we find that the parties have shown good cause for us to dismiss O'Day's formal complaint with prejudice. 7. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 208, section 1.727 of the Commission's rules, 47 C.F.R. 1.727, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Joint Motion to Dismiss Formal Complaint with Prejudice filed by the parties to this proceeding IS GRANTED. 8. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 208, section 1.727 of the Commission's rules,
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- reviewing Rainbow's supporting documentation, we conclude that cancellation of the proposed $8,000 forfeiture is warranted based on the company's inability to pay.4 While we cancel the forfeiture, we admonish Rainbow for its repeated violation of Section 1.903(a) of the Rules. 4. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,5 the proposed forfeiture in the amount of one thousand dollars ($8,000.00) for apparent repeated violation of Section 1.903(a) of the Rules IS CANCELLED. 5. IT IS FURTHER ORDERED that Rainbow Honolulu IS ADMONISHED for its repeated violation of Section 1.903(a) of the Rules. 6. IT IS FURTHER ORDERED that a copy of this Order
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- cancellation or reduction of the $3,000 forfeiture proposed for these violations. Moreover, Williams should register the three towers promptly after it receives a no hazard determination by the FAA and must notify us when registration is complete. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,10 Steve Williams d.b.a. American Broadcasting of Texas IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for willfully and repeatedly violating Section 17.4(a) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- (30) days following the release of this Order how it has achieved compliance with Section 17.4 of the Rules for its antenna structure. Palmetto's report must be submitted in the form of an affidavit signed by an officer or director of Palmetto. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 Palmetto Broadcasting Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for its willful and repeated failure to register its antenna structure in violation of Section 17.4(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Act, Palmetto must submit the
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- Enforcement Bureau by approximately October 31, 2003. Cell Page still has not submitted its tax returns.3 Without the appropriate financial documentation, we can not consider Cell Page's claim of inability to pay;4 therefore, we deny its request for reduction or cancellation of the forfeiture. 5 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act6, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,7 Cell Page IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for its willful and repeated violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- Kamm's license application withdrawal will be processed by WTB concurrently with this Order. 3. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act5 and Section 1.106 of the Rules,6 Mr. Kamm's petition for reconsideration of the June 6, 2003, Forfeiture Order IS GRANTED to the extent indicated herein. 4. IT IS FURTHER ORDERED that, pursuant to Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,7 the forfeiture in the amount of twelve thousand dollars ($12,000) assessed in the Forfeiture Order issued to Scott E. Kamm IS CANCELLED. 5. IT IS FURTHER ORDERED THAT a copy of this Order shall be sent by first class mail and certified mail, return receipt requested, to Mr. Scott E. Kamm at his address
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- Hop's May 12, 2003 response to the NAL, including its statement that it is not the operator of the unlicensed radio transmitter. Based on our review of its response and the record before us, we conclude that cancellation of the proposed $10,000 forfeiture is warranted. 2. Accordingly, IT IS ORDERED that, pursuant to Section 504(b) of the Act3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 the forfeiture in the amount of ten thousand dollars ($10,000) proposed in the April 23, 2003 NAL issued to Hip Hop City Corp. IS CANCELLED. 3. IT IS FURTHER ORDERED that, a copy of this Order shall be sent by Certified Mail Return Receipt Requested to Hip Hop City, 1236 Atlantic Avenue, Brooklyn,
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- factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that ESI willfully violated Section 301 of the Act and find no basis for cancellation or reduction of the proposed $10,000 monetary forfeiture. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 ESI IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- Enforcement Bureau no more than thirty (30) days following the release of this order how it plans to achieve compliance with Section 73.1745. WFNO's report must be submitted in the form of an affidavit or declaration signed by an officer or director. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 WFNO L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand six hundred dollars ($5,600) for willfully and repeatedly violating Section 73.1745 of the Rules. 15. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Act, WFNO must submit the report described in Paragraph 13, above, no more than
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- with the Commission's Rules. After considering WSJM's record of compliance, we conclude that although WSJM willfully15 violated the Commission's Rules, a reduction of the remaining forfeiture amount (sixteen thousand dollars ($16,000) as reduced) to twelve thousand eight hundred dollars ($12,800) is appropriate.16 II. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,17 WSJM, Inc.. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand eight hundred dollars ($12,800) for willfully violating Sections 11.52(d), 11.61(a)(2)(i)(A), 17.4(a), 17.47(a)(1), 17.51(a), 73.1820(a)(1)(i), 73.1820(a)(1)(iii), and 73.1870(c)(3) of the Commission's Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- the Act on March 5, 2003 by operating a radio station on the frequency of 102.1 MHz without a license.12 We find no basis for cancellation or reduction of the proposed $10,000 monetary forfeiture based on Mr. Simon's response to the NAL. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 Mr. Fritzner Simon IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 301 of the Act. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- ordered information (subject to the Commission's confidentiality rules) - as opposed to an adverse ruling on the merits of the case - will result in the purported harm it has identified.9 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, and sections 0.111, 0.311, and 1.727 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.727, that Defendants' Request for Stay is DENIED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Defendants' Request for Stay, File No. EB-04-MD-006 (filed Aug. 31, 2004) (``Request for Stay''). Complainant EarthLink, Inc. opposes the Request for Stay. See EarthLink Opposition to SBC Stay Request, File
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- to be corrected,10 and does not believe that such corrective measures mitigate or warrant forfeiture cancellations or reductions for past violations.11 Based on the record, we thus do not find that cancellation or reduction of the proposed forfeiture of $3,000 is warranted. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Joe E. Ramsey and John Ramsey d.b.a. Ramsey and Ramsey IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for its willful violation of Section 17.4(a) of the Rules. 7. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3, 1.716- 18, and 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.3, 1.716-18, 1.720-36, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request to Convert IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3, 1.716-18, and 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.3, 1.716-18, 1.720-36, and the authority
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- that Southern Media engaged a contractor to coordinate reports and register the antenna structure more than a year prior to the Commission's on-site inspection.5 Under the circumstances, we believe a reduction of the $3,000 base forfeiture for that violation to $1,000 is warranted.6 5. Accordingly, IT IS ORDERED that, pursuant to Sections 503(a) and (b) of the Act,7 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,8 Southern Media Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of nine thousand dollars ($9,000) for its willful violation of the EAS and antenna registration requirements set forth in Sections 17.4(a) and 11.35(a) of the Rules. 6. Payment of the forfeiture must be made by check or similar instrument, payable to
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- we conclude that there are no substantial or material questions of fact as to whether Company possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above captioned investigation is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) File No. EB-04-IH-0016 ) Manhattan ) Acct. No. 200432080303
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- conclude that Global willfully violated Section 301 of the Communications Act of 1934, as amended, and Section 74.103(c) of the Rules. We find no basis for rescinding or canceling the forfeiture due to an inability to pay, or for any other reason. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,26 Global Radio, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand eight hundred dollars ($10,800) for its willful violations of Section 301 of the Act and Section 74.103(c) of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- As a result of our review, we conclude that Union willfully and repeatedly19 violated Section 73.1745(a) of the Rules and willfully violated Section 73.3526(c) of the Rules. Further, we find that neither cancellation nor reduction of the proposed monetary forfeiture is warranted. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,20 Union Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $18,000 for repeatedly and willfully violating Section 73.1745(a) of the Rules, and willfully violating Section 73.3526(c) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that EICB willfully and repeatedly violated Section 73.3526 (c)(1) of the Rules and that reduction of the proposed $10,000 monetary forfeiture to $2,000 is warranted. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 EICB-TV L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully and repeatedly violating Section 73.3526(c)(1) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- do so. Although Star suggests an inability to pay the forfeiture proposed in the NAL,55 it has presented no documentation in support of such a claim. We conclude, on balance, that the forfeiture amount is justified by the severity of the violations. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act,56 and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,57 Star IS LIABLE FOR A MONETARY FORFEITURE in the amount of One Hundred Thousand Dollars ($100,000) for willfully and repeatedly violating section 1.2105(c) of the Commission's rules. 16. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include
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- in which it engaged were proscribed. The violation committed by Northeast had the potential to affect the fundamental integrity of Auction No. 44. We conclude that the amount of the proposed forfeiture is justified in light of the severity of Northeast's misconduct. IV. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act,60 and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,61 Northeast IS LIABLE FOR A MONETARY FORFEITURE in the amount of One Hundred Thousand Dollars ($100,000) for willfully violating section 1.2105(c) of the Commission's rules. 18. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Acct.
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- Accordingly, IT IS ORDERED THAT, pursuant to Section 40527 of the Act and Section 1.106 of the Rules,28 Radio X's December 10, 2003 Petition for Reconsideration of the Enforcement Bureau's Forfeiture Order issued on November 10, 2003 IS GRANTED IN PART AND DENIED IN PART. 15. IT IS ALSO ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,29 Radio X Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of sixteen thousand dollars ($16,000) for willfully violating Sections 17.50 and 73.3526(b) of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- of participation, as appropriate. Pursuant to section 1.47(c) of the Commission's rules,27 the Bureau shall be served with documents in the same manner as other parties. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 224, and 405 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 224, 405, and sections 0.111, 0.311, 1.106, and 1.1411 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.106, 1.1411, that Gulf Power's Petition IS GRANTED to the extent indicated in this HDO; 11. IT IS FURTHER ORDERED, that the above-captioned proceeding IS DESIGNATED FOR A HEARING before an ALJ, at a time and place to be specified in a subsequent Order, upon the following issue:
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- of the parties and of this Commission until such time as may actually be necessary. 5. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.722 of the Commission's rules, 47 C.F.R. 1.3, 1.722, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Innovative's Petition for waiver and extension of time IS GRANTED. 6. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadline for AT&T to file a supplemental complaint for damages under section 1.722 of the Commission's rules, 47 C.F.R. 1.722, is extended until 60 days after a
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- Policy Statement as well. As a result of our review, we conclude that Mercury willfully and repeatedly violated Sections 17.50 and 17.57 of the Rules. We find that the proposed forfeitures against Mercury should be reduced to the amount as indicated above. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,16 Mercury Broadcasting Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand eight hundred dollars ($8,800) for willful and repeated violation of Sections 17.50 and 17.57 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Mediacom willfully and repeatedly violated Section 17.51 of the Commission Rules. We find no basis for rescinding or canceling the forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 MCC Georgia LLC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for its willful and repeated violation of Section 17.51 of the Commission's Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- and 73.49 of the Rules and find that, although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $12,000 is appropriate based on Delta's past history of compliance with the Rules. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,16 Delta Radio Greenville, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for willfully and repeatedly violating Sections 11.35(a) and 73.49 of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- Field Office (``Norfolk Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $18,000 to TPN.2 TPN has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 The Paradise Network of North Carolina, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $18,000 for willfully and repeatedly violating Sections 11.35 and 73.3526(c)(1) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- not warrant a reduction in the forfeiture amount.3 We concur, however, with Urban Radio's assertion that the forfeiture should be reduced or cancelled in light of its overall history of compliance with the Rules.4 Accordingly we reduce the forfeiture amount to $12,000. III. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,5 Urban Radio of Pennsylvania, L.L.C., IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for willfully and repeatedly violating Sections 17.47(a), 17.48(a) and 17.51(a) of the Rules. 6. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- refusing to allow an inspection of the operating transmitter. Mr. Pierre has submitted nothing warranting mitigation of the forfeiture amount and we find no basis for cancellation or reduction of the $17,000 forfeiture proposed for these violations. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,9 Alexandre Pierre Abelard aka Abelard Pierre IS LIABLE FOR A MONETARY FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willfully violating Sections 301 and 303(n) of the Act. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- support of its contention. We have reviewed the financial documentation submitted by Butterfield and find that this information does not provide a basis for cancellation or reduction of the forfeiture. Indeed, the forfeiture is a very small percentage of Butterfield's gross revenues.13 IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Butterfield IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willful and repeated violation of Section 73.3526(e)(1). 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- this extension will facilitate the possible settlement of these numerous claims, we are satisfied that our action today serves the public interest. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 154(i), 154(j), 208, section 1.3 of the Commission's rules, 47 C.F.R. 1.3, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that section 1.718(a) of the Commission's rules, 47 C.F.R. 1.718(a), IS HEREBY WAIVED, with regard to the IPP EUCL informal complaints described herein and the deadline for the conversion and filing of these informal complaints into formal complaints is hereby extended to January 21, 2005. This waiver is effective
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- Gerritsen's response, we find that Gerritsen's violation of Section 301 of the Act was willful 30 and repeated.31 Considering the entire record and the statutory factors listed above, we find that neither cancellation nor reduction of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,32 Jack Gerritsen IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- $7,000. In this case, VIA imported and marketed two unauthorized models of CPU boards. We find that a forfeiture amount of $7,000 is warranted for each unauthorized model.26 Accordingly, we are proposing a total forfeiture in the amount of $14,000. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules,27 VIA Technologies, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 14. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of
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- Office (``New Orleans Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $20,000 to Konarz.2 Konarz has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Jason Konarz IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for willfully and repeatedly violating Sections 11.35(a), 73.1745(a), and 73.3526(c) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- in conjunction with the Policy Statement as well. As a result of our review, we conclude that Northern willfully and repeatedly violated Section 17.4 of the Rules, and we find no basis for rescinding or reducing the $3,000 forfeiture for this violation. IV. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,15 Northern Electric Cooperative, owner of the antenna structure located at approximately N 45 27' 41'', W 98 20' 15'', in Bath, South Dakota, IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for its violation of Section 17.4(a) of the Rules. 17. IT IS FURTHER ORDERED that, pursuant to
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- or about May 17, 2004 of this count based on your participation in a fraudulent scheme to obtain schools and libraries E-Rate program funds. See United States v. Dotson, Docket No. 1:03cr01113BSJ, Indictment (S.D.N.Y. filed September 17, 2003) (``Dotson Indictment''); United States v. Dotson, Docket No. 1:03cr01113BSJ, Judgment (S.D.N.Y. May 17, 2004) (``Dotson Judgment''). 2 47 C.F.R. 54.521; 47 C.F.R. 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. 54.521). 3 47 C.F.R. 54.521(a)(4). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-9227, 67- 74 (2003) (``Second Report and Order''). 4 Second Report and Order, 18 FCC
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- for 10 of its other cable systems in Louisiana, Ohio, Oklahoma and Texas.14 By e-mail dated October 4, 2004, Classic notified the Commission that it had installed EAS equipment at all 10 of the systems. We expect that Classic would likewise comply with the new deadline as setforth in this Order. 6. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0.204(b) and 0.311 of the Rules,15 Classic Communications, Inc. IS GRANTED an extension of its temporary waiver of section 11.11(a) of the Rules until February 1, 2005, for the cable systems listed in Attachment A.16 7. IT IS FURTHER ORDERED that Classic Communications, Inc. notify the Director, Office of Homeland Security, Enforcement Bureau immediately upon installation of the EAS equipment
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- of any system or systems is consummated to request a waiver of Section 11.11(a), submitting the information necessary to support a financial hardship showing. Any buyer that does not file a waiver request will be required to come into compliance with the EAS rules by the end of the 30-day period. 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b), 0.311 of the Rules,11 SM Cable Holdings, L.L.C. IS GRANTED a waiver extension of Section 11.11(a) of the Rules until July 1, 2004 for the 12 captioned cable television systems. 7. IT IS FURTHER ORDERED that SM Cable Holdings, L.L.C. place a copy of this waiver extension in its system files. 8. IT IS FURTHER ORDERED that a copy
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- 11.35(a) and 11.61(b) was willful9 and repeated.10 While the licensee has taken corrective actions to prevent recurrence of the violations, such actions are not mitigating factors warranting a forfeiture reduction.11 Therefore, we deny Capital Media's request to reduce or rescind the NAL. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Capital Media, IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Sections 11.35(a) and 11.61(b) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- of Commission records confirmed, that Station WPFC(AM) has a history of overall compliance with the Communications Act and the Commission's rules and regulations. After considering VPM's history of compliance,16 we find that a reduction of the proposed forfeiture to $20,000 is appropriate. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,17 Victory & Power Ministries, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty thousand dollars ($20,000.00) for its willful violations of Sections 11.35(a), 73.49 and 73.3526(c) of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- Lifeline and Link-Up services ``in a manner reasonably designed to reach those who qualify'' for those services. However, as discussed above, Pend Oreille has shown mitigating circumstances sufficient to warrant a reduction of the forfeiture penalty to $20,000. 13. Accordingly, IT IS ORDERED THAT, pursuant to Sections 4(i) and 503(b) of the Act, 47 U.S.C. 154(i) and 503(b), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, 47 C.F.R. 0.111, 0.311 and 1.80(f)(4) that Pend Oreille shall forfeit to the United States government the sum of $20,000 for willfully and repeatedly violating Section 214(e)(1)(B) of the Act, 47 U.S.C. 214(e)(1)(B), and Sections 54.405(b) and 54.411(d) of the Commission's rules, 47 C.F.R. 54.405(b), 54.411(d) as discussed in the paragraphs above. 14.
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- failed to identify the subset of information in its response for which it seeks voluntarily-provided status. Moreover, it did not request the return of such information as required by Section 0.459(e). Accordingly, we need not consider whether any materials provided by Perfect Fit should be returned at this time. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311, and 0.459(c), that the Request for Confidentiality filed on April 19, 2004 by Perfect Fit Industries, Inc., IS DENIED. 8. IT IS FURTHER ORDERED that, pursuant to Section 0.459(g) of the Rules, that Perfect Fit Industries, Inc., may file an application for review of this denial with the Commission within five (5) working days of the release date of
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- that Crown Communication, Inc. failed to maintain good visibility of the antenna structure in willful and repeated violation of Section 17.50 of the Rules. We also acknowledge Crown's good faith efforts to address the violation. Thus, we reduce the forfeiture to $8,000. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,19 Crown Communication, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for failure to clean and repaint its antenna structure to maintain good visibility, in willful and repeated violation of Section 17.50 of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for
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- Policy Statement as well. As a result of our review, we conclude that Paulino willfully12 and repeatedly13 violated Sections 73.1125, 11.35(a) and 73.3527(c)(1) of the Commission's Rules. Further, we find that neither cancellation nor reduction of the proposed monetary forfeiture is warranted. III. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Paulino Bernal Evangelism, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Sections 73.1125, 11.35(a) and 73.3527(c)(1) of the Commission's Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- the additional safeguard requested by ACS is necessary and/or serves the public interest. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3, 1.716- 18, and 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.3, 1.716-18, 1.720-36, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Joint Motion to Dismiss Claims Against ACS of Fairbanks, Inc. and ACS of Alaska, Inc.; Request to Convert Claims Against ACS of Anchorage, Inc. to Claims in an Informal Complaint IS GRANTED to the extent indicated herein. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208
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- we understand that coordination of Station XEMO's operations has recently been completed in compliance with the U.S.- Mexico treaty. However, consistent with precedent, we do not find that subsequent remedial measures lessen or excuse its past violations of the Act.32 IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act33 and Sections 0.111, 0.311 and 1.80 of the Rules,34 Uniradio Corp. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty five thousand dollars ($25,000) for willfully and repeatedly violating the express terms and conditions of its Section 325(c) permit. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the
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- pay the assessed forfeiture.12 We reviewed the financial information submitted by Woodland and find that it does not provide a basis for cancellation or reduction. The forfeiture is a very small percentage of Woodland's gross revenues, and therefore does not warrant reduction.13 IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Woodland Radio, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for its willful and repeated violation of Sections 74.551(a)(2), 74.551(a)(3), and 74.561 of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- stations and leave the broadcasting business.''13 Whereas Big Island's documentation establishes that it has consistently operated at net losses, we nevertheless find that it has generated sufficient gross revenues such that payment of the reduced forfeiture will not pose a financial hardship.14 IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,15 Big Island Radio IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand three hundred dollars ($1,300.00) for repeated violations of Sections 11.35(a) and 11.61 of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- acknowledged the benefits of the SAM system as an emergency alerting mechanism for the hard-of-hearing and deaf communities.13 We believe that this system can also provide substantial benefits in areas of the country, such as the areas served by Great Plains, which are prone to tornadoes and other severe weather emergencies. 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b), 0.311 of the Rules,14 Great Plains Cable Television, Inc. IS GRANTED a waiver extension of Section 11.11(a) of the Rules until October 1, 2005 for the Elgin and Grant, Nebraska cable television systems. 7. IT IS FURTHER ORDERED that Great Plains Cable Television, Inc. place a copy of this waiver extension in its system files. 8. IT IS FURTHER
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- review, we conclude that Ross willfully violated Sections 11.35(a) and 73.3526(c)(1) of the Rules, and that it willfully and repeatedly violated Section 17.4 of the Rules, and we find no grounds to reduce or cancel the forfeiture amount proposed in the NAL. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,16 Jesse C. Ross and Ernestine A. Ross, licensee of Station WSAO(AM), in Senatobia, Mississippi, IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for its willful and repeated violation of Sections 17.4 of the Rules, and willful violation of Sections 73.3526(c)(1), and 11.35(a) of the Rules. 12. IT IS
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- that AAT willfully violated Section 17.50 of the Rules by failing to clean or repaint its antenna structure as often as necessary to maintain good visibility. We find that AAT is liable for the proposed forfeiture amount of ten thousand dollars ($10,000). IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 AAT Communications Corporation, Owner of Antenna Structure #1005728 near Harrisonville, Missouri IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for its willful violation of Section 17.50 of the Rules. 15. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the
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- according to generally accepted accounting practices; or (3) some other reliable and objective documentation that accurately reflects the petitioner's current financial status. Because Crystal Coast submitted none of this documentation, the Commission finds that a reduction on this basis is not warranted. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 Crystal Coast, IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand four hundred dollars ($2,400) for willfully and repeatedly violating Sections 11.61(a)(2)(i)(A) and 73.1820(a)(1)(C)(iii) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- Director of the Commission's Detroit, Michigan Field Office (``Detroit Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $7,000 to Paladen.3 Paladen has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act4 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,5 Paladen Communications, Inc., a/k/a CB Shop, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.815(b) and 2.815(c) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- evidence relating to this matter, we conclude that there are no substantial or material questions of fact as to whether Fort Wayne possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. 3. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended,3 and the authority delegated by sections 0.111 and 0.311 of the Commission's rules,4 the attached Consent Decree IS ADOPTED. 4. IT IS FURTHER ORDERED that the confidential complaint dated June 23, 2003, IS DISMISSED. 5. IT IS FURTHER ORDERED that the referenced investigation IS TERMINATED. 6. IT IS FURTHER ORDERED that copies of this Order shall be sent by regular first class mail and certified mail -
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- Statement. As a result of our review, we conclude that Mr. Dean willfully violated Sections 301 and 303(n) of the Act. We find no basis for cancellation or reduction of the $17,000 forfeiture proposed for these violations. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,12 Ward F. Dean IS LIABLE FOR A MONETARY FORFEITURE in the amount of seventeen thousand dollars ($17,000) for willfully violating Sections 301 and 303(n) of the Act. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- forfeiture amount. We conclude that the proposed forfeiture, $50,000, is reasonable based on all the evidence in the record, including the most recent gross revenue information Arbros submitted.17 IV. ORDERING CLAUSES 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,18 Section 1.80(f)(4) of the Commission's rules,19 and authority delegated by Sections 0.111 and 0.311 of the Commission's rules,20 Arbros Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fifty thousand dollars ($50,000) for willfully or repeatedly violating Section 214 of the Act and Sections 63.61, 63.71, and 63.505 of the Commission's rules by discontinuing its domestic interstate access service in California, Delaware, Maryland, Massachusetts, New Jersey, New York, Pennsylvania,
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- the financial data and other information submitted by ASC and the present lack of real-time EAS video signal sources in American Samoa, we conclude that a temporary waiver of Section 11.11(a) for the captioned system is warranted until such time as a live EAS signal source is available in American Samoa.9 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,10 America Samoa Cable IS GRANTED a waiver of Section 11.11(a) of the Rules as set forth herein for the captioned cable television system. 6. IT IS FURTHER ORDERED that American Samoa Cable place a copy of this waiver in its system file. 7. IT IS FURTHER ORDERED that a copy of this Order shall
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- rules as a mitigating factor warranting a forfeiture reduction.9 We do, however, find that Forest has a history of overall compliance and, accordingly, reduce the forfeiture amount from four thousand dollars ($4,000) to three thousand two hundred dollars ($3,200) on that basis. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 Forest Electric Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand two hundred dollars ($3,200) for willfully and repeatedly violating Section 1.903(a) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- we conclude that there are no substantial or material questions of fact as to whether TON possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and the authority delegated by section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, DC 20554 ) File No. EB-04-IH-0142 In the Matter of ) ) Acct. No. 200532080008 TON Services,
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- well. As a result of our review, we conclude that Mr. Martin willfully violated Section 17.50 of the Rules, and we find that, although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $2,500 is appropriate. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules,14 Mr. Martin IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,500 for willfully violating Section 17.50 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of MCI IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date on which MCI must convert its informal complaints against the Defendants
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- As previously stated, the NAL took into account that Lebanon's public file was only partially incomplete, and downwardly adjusted the base forfeiture amount to $4,000. In the instant case, we do not believe a further reduction of the proposed forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,15 Lebanon Educational Broadcasting Foundation IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000.00) for willful violation of Section 73.3527(c)(1) of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- data and other information submitted by Cable One, we conclude that a temporary, eight-month waiver of section 11.11(a) for the two captioned systems is warranted.10 In particular, we find that the approximate $20,000 cost of installing EAS equipment for these small cable systems could impose an unnecessary financial expenditure for Cable One.11 6. Accordingly, IT IS ORDERED, pursuant to sections 0.111, 0.204(b) and 0.311 of the Rules,12 that Cable One, Inc.'s request for temporary waiver of section 11.11(a) of the Rules for the two captioned cable television systems is GRANTED consistent with the discussion and conclusions in this Order. 7. IT IS FURTHER ORDERED that Cable One, Inc. place a copy of this waiver in its system files. 8. IT IS
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that the Complainants must convert their informal complaint against
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- Consumer and Governmental Affairs Bureau Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 5. This Order is issued pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 C.F.R. 1.718. 2 See Judware v. Verizon, Order, DA 04-2837, 2004 WL 1944886 (F.C.C.) (September 1, 2004); Judware v. Verizon, Order, DA 04-1874, 2004 WL 1432325 (F.C.C.) (June 24, 2004); Judware v. Verizon,
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- private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and 203(c); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. (1996); 47 C.F.R.
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- private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and 203(c); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. (1996); 47 C.F.R.
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- us, we conclude that no substantial or material questions of fact exist as to whether RW Shop and/or Donald Mayer possess the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended,3 and Sections 0.111 and 0.311 of the Rules,4 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation into the matter described herein IS TERMINATED. 7. IT IS FURTHER ORDERED that RW Shop, Inc. and/or Donald Mayer shall make a voluntary contribution to the United States Treasury, as specified in the Consent Decree. Payment
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- conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act'')8 and The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,9 that no reduction of the proposed forfeiture is warranted. III. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act10 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,11 Michael David Oaks IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act. 6. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- result of our review, we find that Desert willfully and repeatedly violated Section 11.35 of the Rules, and we find that cancellation of the proposed monetary forfeiture is not warranted, but a reduction to six thousand four hundred dollars ($6,400) is appropriate. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,22 Desert Television LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand four hundred dollars ($6,400) for willfully and repeatedly violating Section 11.35 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- was repeated.3 Therefore, we need not address whether the violation was willful.4 We concur, however, with Louisa's assertion that the forfeiture should be reduced in light of its inability to pay. Accordingly, we reduce the forfeiture amount to two thousand dollars ($2,000). III. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,5 Louisa Communications IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for repeatedly violating Section 17.4(a)(2) of the Rules. 6. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- East Texas willfully violated Section 73.49 of the Rules, and that it willfully and repeatedly violated Section 17.4 of the Rules, but we find that the proposed forfeiture should be reduced to $8,000 for these violations because of its history of compliance. IV. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,17 East Texas Broadcasting, Inc., licensee of Station KPLT(AM), in Paris, Texas, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for its violation of Sections 17.4 and 73.49 of the Rules. 18. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Act, East Texas Broadcasting, Inc. must
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- Statement as well. As a result of our review, we conclude that Horizon's violation of Sections 1.903(a) and 90.425(a) of the Rules is willful27 and repeated28 and find that no reduction of the monetary forfeiture assessed in the Forfeiture Order is warranted. IV. ORDERING CLAUSES 19. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,29 Horizon Communications IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for its willful and repeated violation of Sections 1.903(a) and 90.425(a) of the Commission's Rules. 20. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- Country willfully and repeatedly violated Sections 17.4(g) and 17.50 of the Rules, and we find that, although cancellation of the proposed monetary forfeiture for violation of these rule sections is not warranted, reduction of the forfeiture amount is appropriate as indicated above. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,19 North Country Repeaters, owner of ASR number 1009975, on Rand Hill, Beekmantown, New York, IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for its violation of Sections 17.4(g) and 17.50 of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section
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- for these public file violations.19 After considering all the circumstances, we believe that Community's lack of prior violations warrants a reduction of the forfeiture to two thousand dollars. Accordingly, we reduce the forfeiture from twenty five hundred dollars to two thousand dollars. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,20 Community Broadcasting, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for its willful and repeated violation of Section 73.3526(a)(2) of the Rules at station KCRL-FM. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- a Notice of Violation in November 2001 regarding painting requirements for its Fayetteville, Missouri tower and thus does not have a history of overall compliance with the Commission's Rules.19 Consequently, in this case, we will impose the originally proposed forfeiture of $10,000. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,20 Aquila Communications, Inc, IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to exhibit obstruction lighting on its antenna structure in repeated violation of Section 17.51 of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
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- parties to follow the mandate of the New York Order and proceed to arbitration. We also convert the Complaint into an informal complaint for internal administrative purposes only. IV. ORDERING CLAUSES 28. Accordingly, IT IS ORDERED that, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 0.111, 0.311, and 1.727 of the Commission's rules, 47 C.F.R. 0.111, 0.311, and 1.727, Verizon's Motion to Dismiss or, in the Alternative, Defer, is GRANTED to the extent indicated herein. 29. IT IS FURTHER ORDERED that, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3, 1.716-1.718,
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- the forfeiture, we have no basis on which to analyze its claim. Accordingly, no reduction is warranted. Finally, although there is precedent for reducing or rescinding a forfeiture based on bankruptcy in certain circumstances,14 Portland Taxicab Company has not filed for bankruptcy. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,15 Portland Taxicab Company. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for willfully and repeatedly violating Sections 1.903(a), 90.210, 90.403(e) and 90.425(a) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- to the Enforcement Bureau no more than thirty (30) days following the release of this Order how she has achieved compliance with Section 11.35(a) of the Rules. The report must be submitted in the form of an affidavit signed by Aracelis Ortiz. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,15 Aracelis Ortiz IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for willfully violating Sections 73.1125(c) and 11.35(a) of the Rules. 15. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Act, Aracelis Ortiz must submit the report described in Paragraph 13, above, within no more than
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- Field Office (``Buffalo Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $7,000 to Beacon.2 Beacon has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Beacon Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 73.49 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order.
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- to pay. 11. Finally, we find that a reduction of the proposed forfeiture is warranted because of the Mr. Estrada's compliance record with the Commission's Rules. Accordingly, the forfeiture amount is reduced from ten thousand dollars ($10,000) to eight thousand dollars ($8,000). IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,15 Jorge L. Estrada IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willful violation of Section 1.903(a) of the Act. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- 8. Mr. Avena asserts that he does not have the financial means to pay the $10,000 forfeiture proposed in the NAL. After reviewing the financial information provided by Mr. Avena, we conclude that the proposed forfeiture amount should be reduced to $1,000.00. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 Angelo Avena IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for violation of Section 301 of the Act. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If
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- are laudable, post- violation actions are not relevant to our determination of appropriate forfeiture amount.17 Based upon the facts and circumstances presented here, we find the base amount of $4,000 to be the appropriate proposed forfeiture amount.18 IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended,19 and sections 0.111, 0.311 and 1.80 of the Commission's rules,20 Mid- Missouri Broadcasting, Inc., licensee of Station KOQL(FM), Ashland, Missouri, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,000 for willfully violating section 73.1206 of the Commission's rules on March 25, 2003.21 10. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the rules,22 within thirty
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- is incorporated by reference. 3. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We find that the public interest would be served by approving the Consent Decree and terminating the captioned investigation. 4. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Act, 47 U.S.C. 154(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree is ADOPTED. 5. IT IS FURTHERED ORDERED that the above captioned proceeding is TERMINATED. FEDERAL COMMUNICAITONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) File No. EB-TC-075 LCR Telecommunications, LLC ) NAL/Acct.
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- telephone facsimile machine, computer, or other device to send the five unsolicited advertisements to the consumers identified above. We have further determined that Elf Painting and Wallpapering is apparently liable for forfeiture in the amount of $22,500. 10. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and authority delegated by Sections 0.111 and 0.311 of the Rules, 47 C.F.R. 0.111, 0.311, that Elf Painting and Wallpapering is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of Twenty-Two Thousand Five Hundred Dollars ($22,500) for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. 64.1200(a)(3), and the
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- are not mitigating factors warranting reduction of a forfeiture.5 As a result of our review, we conclude that Exosphere willfully6 and repeatedly7 violated Sections 17.50 and 17.51 of the Rules. We affirm that a forfeiture in the amount of $10,000 is appropriate. III. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,8 Exosphere Broadcasting, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Sections 17.50 and 17.51 of the Rules. 6. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- Brokers, ``corrective action taken to come into compliance with Commission rules or policy is expected, and does not nullify or mitigate any prior forfeitures or violations.''9 We conclude that neither cancellation nor reduction of the proposed $4,000 monetary forfeiture is therefore warranted. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,10 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 Joselyn Gordon, as owner of Rescue Car Service, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willful and repeated violation of Section 90.403(a)(2) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- failed to exhibit any obstruction lighting during daytime hours on October 29 and 20, 2002 on its tower in violation of Section 17.51(b) of the Rules. Accordingly, we find that Crown Castle GT Company LLC repeatedly13 violated Section 17.51(b) of the Rules. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Crown Castle GT Company LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to exhibit required obstruction lighting during daytime hours in repeated violation of Section 17.51(b) of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80
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- statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that that a reduction of the forfeiture amount is warranted from thirteen thousand dollars ($13,000) to ten thousand dollars ($10,000). 20. IV. ORDERING CLAUSES 21. 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,19 Mr. Saunders IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.51 of the Rules, and the $3,000 forfeiture for violation of Section 17.4 of the Rules IS CANCELLED. 22. 23. 12. Payment of the forfeiture shall be made in the manner provided for
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- Enforcement Bureau no more than thirty (30) days following the release of this order how it plans to achieve compliance with Section 17.4(a). WLTH's report must be submitted in the form of an affidavit or declaration signed by an officer or director. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,17 WLTH Radio, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of sixteen thousand dollars ($16,000) for willfully and repeatedly violating Sections 17.4(a), 17.48 and 17.51(a) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Act, WLTH must submit the report described in Paragraph 12, above, no
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- a basis for reduction or cancellation of the forfeiture.7 IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act8 and Section 1.106 of the Rules,9 Mr. Louis's petition for reconsideration of the May 17, 2004, Forfeiture Order IS DENIED. 9. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act,10 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules),11 Mr. Rony Richard Louis IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- Lee is unavailable, you may contact Eric Bash by telephone at (202) 418-1420 and by e-mail at eric.bash@fcc.gov. Sincerely yours, William H. Davenport Chief Investigations and Hearings Division Enforcement Bureau cc: Philip L. Weinstein, Federal Defender Division Legal Aid Society Kristy Carroll, USAC David M. Siegal, Assistant United States Attorney, Southern District of New York _________________________ 1 See 47 C.F.R. 0.111(a)(14), 54.521. 2 Letter from William H. Davenport, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to John Dotson, Notice of Suspension and Proposed Debarment, 19 FCC Rcd 19662 (2004). 3 69 Fed. Reg. 62047 (Oct. 22, 2004). 4 See Notice of Suspension, 19 FCC Rcd at 19662-63 (imposing suspension pending the Bureau's final debarment determination) (Attachment 1). 5
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- (30) days following the release of this Order how it has achieved compliance with Section 73.1125 of the Rules for its main studio. Twenty-One's report must be submitted in the form of an affidavit signed by an officer or director of Twenty-One. II. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,21 Twenty-One Sound Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for its willful and repeated violation of Section 73.1125 of the Rules at station KKAC-FM. 14. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Act, Twenty-One must submit the report described in paragraph
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- the Commission's underwriting rules. We will not hesitate to take even stronger enforcement action against noncommercial educational licensees that engage in similarly egregious violations of our underwriting requirements. IV. ORDERING CLAUSES 11. In view of the foregoing, we conclude that a monetary sanction is appropriate. Accordingly, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80 of the Commission's rules, Christian Voice of Central Ohio, Inc., licensee of former noncommercial educational Station WCVZ(FM), South Zanesville, Ohio, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $20,000 for willfully and repeatedly broadcasting advertisements in violation of section 399B of the Act, 47 U.S.C. 399b, and section 73.503 of the
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- Enforcement Bureau (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $3,000 to Shadavrus.2 Shadavrus has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Shadavrus Capital Trust, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully and repeatedly violating Section 17.57 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- Enforcement Bureau, Tampa Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of seven thousand dollars ($7,000) for the referenced Rule violation.2 Metropolitan Radio Group, Inc., has not filed a response. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act3, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Metropolitan Radio Group, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for violating Section 73.49 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.8 Applying the Forfeiture Policy Statement and statutory factors to the instant case, we believe that a $3,000 proposed forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,9 and Sections 0.111, 0.311 and 1.80 of the Rules,10 Power Radio Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violating Section 73.875(c) of the Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,11 within thirty days of the release date of this Notice of Apparent Liability
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- In this case, taking all of these factors into consideration, we find that the NAL properly proposed that the base forfeiture amount is the appropriate sanction for the violation described above. Consequently, Emmis is liable for a forfeiture of Seven Thousand Dollars ($7,000.00). IV. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. 503(b), and 47 C.F.R. 0.111, 0.311 and 1.80, Emmis Radio License Corporation FORFEIT to the United States the sum of Seven Thousand Dollars ($7,000.00) for willfully violating 18 U.S.C. 1464 and 47 C.F.R. 73.3999. 17. Payment of the forfeiture may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture Collection Section, Finance Branch,
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of MCI IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date on which MCI must convert its informal complaints against the Defendants
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- we conclude that there are no substantial or material questions of fact as to whether SBC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and the authority delegated by section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3893A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3893A1.doc 3. http://transition.fcc.gov/eb/Orders/2004/DA-04-3893A2.html
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- that accurately reflects WCSS's current financial status. WCSS has not submitted such documentation and, therefore, cannot persuasively claim that it does not have the ability to pay the forfeiture. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended,22 Section 1.80(f)(4) of the Commission's rules,23 and authority delegated by Sections 0.111 and 0.311 of the Commission's rules,24 that World Communications Satellite Systems, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violating a Commission order by failing to respond to a directive of the Enforcement Bureau to provide certain information and documents. 13. Payment of the forfeiture shall be made in the manner provided
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- no substantial or material questions of fact with respect to this matter as to whether AT&T possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and the authority delegated by section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) File No. EB-04-IH-0271 ) AT&T Corp. ) Acct. No.
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- of the proposed forfeiture is warranted, given the circumstances surrounding Echonet's unauthorized operation and its compliance record with the Commission's Rules. Accordingly, the forfeiture amount is reduced from ten thousand dollars ($10,000) to four thousand dollars ($4,000). IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,12 Echonet Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for repeatedly violating Section 301 of the Act. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- (``Rules'').2 2. On October 6, 2004, the Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $14,000 to VIA.3 VIA has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act4, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,5 VIA Technologies, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- be a Commission licensee'' and therefore the Commission should initiate a proceeding requiring Western to show cause why its license for WRNX(FM) should not be revoked.43 Because we reject Saga's claims, Saga's request to initiate a revocation proceeding is dismissed as moot. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act,44 and sections 0.111, 0.311 and 1.80 of the Commission's rules,45 Saga Communications of New England, Inc., licensee of Station WLZX(FM), Northampton, Massachusetts, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of Four Thousand Dollars ($4,000) for apparently willfully violating section 73.1206 of the Commission's rules on January 25, 2001.46 15. IT IS FURTHER ORDERED THAT, pursuant to Section
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Verizon's request for extension IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of the Commission's rules, 47 C.F.R. 1.718, are hereby waived, and the date on which Verizon must convert its informal complaints against OCI into
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- violation took place or justify further mitigation or cancellation of the proposed forfeiture penalty. Based upon these facts and considering all of the circumstances present here, we find $ 4,000 to be the appropriate proposed forfeiture amount. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,19 and sections 0.111, 0.311 and 1.80 of the Commission's rules,20, Cumulus Licensing Corp., licensee of Station WSEA(FM), Atlantic Beach, South Carolina, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000.00) for apparently willfully violating section 73.1206 of the Commission's rules on March 7, 2003.21 8. IT IS FURTHER ORDERED THAT, pursuant to section 1.80
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- overall compliance with the Commission's rules and no reduction is warranted on this basis. 12. Finally, Moody questions the scrutiny given to its stations as compared to NPR stations. We note that this is not the proper forum for such a discussion. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,15 Moody Bible Institute of Chicago IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand ($5,000) for its willful violation of Section 73.3527(c) of the Rules at station KMDY-FM. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- violations of section 73.1206 by AMFM, its corporate parent, Clear Channel, and other licensees controlled by Clear Channel,33 we believe that an upward adjustment of the forfeiture amount for the unauthorized telephone conversation, to $8,000, is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,34 and sections 0.111, 0.311 and 1.80 of the Commission's rules,35 AMFM Radio Licenses, LLC, licensee of Station WKQI (FM), Detroit, Michigan, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of Eight Thousand Dollars ($8,000) for apparently willfully violating section 73.1206 of the Commission's rules on January 21, 2004.36 11. IT IS FURTHER ORDERED THAT, pursuant to section 1.80
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- Any informal complainant who does not submit such notice shall waive its right to convert its informal complaint into a formal complaint. 4. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 154(i), 154(j), 208, section 1.3 of the Commission's rules, 47 C.F.R. 1.3, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that section 1.718(a) of the Commission's rules, 47 C.F.R. 1.718(a), IS HEREBY WAIVED, with regard to the IPP EUCL informal complaints described herein and the deadline for the conversion and filing of these informal complaints into formal complaints is hereby extended to April 22, 2005. This waiver is effective
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- the Forfeiture Policy Statement as well. As a result of our review, we conclude that Citadel willfully and repeatedly violated Sections 73.1125(a) and 73.3526 of the Rules and that neither cancellation nor further reduction of the proposed $9,000 monetary forfeiture is warranted. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,18 Citadel Radio, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of nine thousand dollars ($9,000) for willfully and repeatedly violating Sections 73.1125(a) and 73.3526 of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- leaks ``regardless of their cause to ensure that their systems comply with our cable leakage standards which serve a critical safety purpose.''15 We thus find that Northland's argument is unavailing, and that reduction or cancellation of the proposed forfeiture is not warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,16 Northland Cable Properties VII, LP IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for its failure to comply with the cable signal leakage standards, in willful and repeated violation of Sections 76.605(a)(12) and 76.611(a)(1) of the Rules. 9. Payment of the forfeiture shall be made in the manner
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- the Policy Statement as well. As a result of our review, we conclude that Rama willfully and repeatedly violated Sections 11.35(a) and 73.3526(c)(1) of the Rules and we find no grounds to reduce or cancel the forfeiture amount proposed in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,16 Rama Communications, Inc., licensee of Station WLAA(AM), in Winter Garden, Florida, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eighteen thousand dollars ($18,000) for its willful and repeated violation of Sections 73.3526(c)(1) and 11.35(a) of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section
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- pursuant to the statutory factors above, and in conjunction with the Policy Statement. As a result of our review, we conclude that JMK willfully7 and repeatedly8 violated Sections 73.1745(a), 73.3526(e)(5), and 73.3526(e)(12) and impose a monetary forfeiture in the amount of $14,000. III. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,9 JMK Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willful and repeated violation of Sections 73.1745(a), 73.3526(e)(5), and 73.3526(e)(12) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- in conjunction with the Policy Statement as well. As a result of our review, we conclude that Cumulus willfully and repeatedly violated Section 17.50 of the Rules, and we find no basis for rescinding or reducing the $10,000 forfeiture for this violation. IV. ORDERING CLAUSES 19. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,19 Cumulus Licensing Corporation, owner of antenna structures #1052722 and #1052724 near Savannah, Georgia, IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for its violation of Section 17.50 of the Rules. 20. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Act, Cumulus Licensing Corporation must submit
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- pay. 10. We have examined Caprice's response to the NAL pursuant to the statutory factors above as well as in conjunction with the Policy Statement. As a result of our review, we conclude that a four thousand dollar ($4,000) forfeiture is warranted. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act10 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 Caprice Car Service II IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order.
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- the form of an affidavit signed by an officer or director of the licensee. If FFP fails to submit such a report or we find that FFP has not come into compliance with Section 17.51(b), we will consider further appropriate enforcement action. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,15 Florida Food Products, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for its willful and repeated violation of Section 17.4(a) of the Rules. 9. IT IS ALSO ORDERED that, pursuant Section 308(b) of the Act, FFP must submit the report described in Paragraph 10, above, within 30
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- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Lycom willfully and repeatedly violated Section 17.4(a) of the Rules and that neither cancellation nor reduction of the proposed $3,000 monetary forfeiture is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Lycom IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for failure to register its antenna structure, in willful and repeated violation of Section 17.4(a) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- Tekk claims that this is a first violation, and thus, that it has a prior history of overall compliance with the Commission's rules. We believe that reduction of the proposed monetary forfeiture to $3,200 for Tekk's history of overall compliance is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,9 Tekk Comm Communications IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand two hundred dollars ($3,200) for willfully and repeatedly violating Section 1.903(a) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- of the Rules granted to Millennium for the four cable systems are warranted.9 Nevertheless, we remind Millennium that the Commission has authorized cable systems serving fewer than 5,000 subscribers to install FCC certified decoder-only units, rather than both encoders and decoders.10 Such decoder-only units are available at a substantially lower cost.11 6. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b), 0.311 of the Rules,12 Millennium Digital Media Systems, L.L.C. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2004 for the Echo Lake and Lake Roesinger, Washington cable television systems and IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the Union City, Michigan and Forks, Washington cable television
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- Consumer and Governmental Affairs Bureau Federal Communication Commission 445 12th Street, S.W. Washington, D.C. 20554 5. This order is issued pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 C.F.R. 1.718. 2 See Judware v. Verizon, Order, DA 03-4110, 2003 WL 23095472 (F.C.C.) (December 31, 2003); Letter from Warren Firschein, Attorney, Market Disputes Resolution Division, Enforcement Bureau, FCC, to Christopher Karns, Attorney
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- when parties have failed to reach an accord during the two negotiation periods. We believe that a request for involuntary relocation, not the commencement of a license revocation proceeding, would produce the most expeditious result in this instance and serve the public interest, convenience, and necessity. IV. CONCLUSION 11. IT IS HEREBY ORDERED THAT, pursuant to the authority in sections 0.111 and 0.311 of the Commission's rules,32 the Motion for Revocation of Licenses, filed on October 16, 2001, by Nextel Communications, Inc. and Nextel Partners, Inc. against C&W Communications, Inc. and Steve Gill IS HEREBY DENIED. 12. IT IS FURTHER ORDERED THAT, pursuant to the authority in sections 0.111 and 0.311 of the Commission's rules,33 the Motion for Revocation of Licenses,
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- or authorization. 5. We deem the adopted Consent Decree to satisfy the requirements of the Citation provisions under subsections 503(b)(5)(A)-(B) of the Communications Act of 1934, as amended.2 6. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j), and 503(b)(5) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 503(b)(5), and the authority delegated by section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree IS ADOPTED. 7. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) File No. EB-03-IH-0366 ) Acct. No. 200432080021 WestCom Corporation
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- the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Joint Motion to Withdraw the Complaint with Prejudice IS GRANTED and that this proceeding is hereby terminated. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Letter from Nicole E. Paolini, counsel for Armstrong, to Jonathan Reel, attorney, Market Disputes Resolution
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- of the parties and of this Commission until such time as may actually be necessary. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Request for Extension of Time to File Complainants' Formal Complaint IS GRANTED. 5. IT IS FURTHER ORDERED that the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date that the Complainants must convert their informal complaint against
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- State's response to the NAL pursuant to the statutory factors above, and in conjunction with the Policy Statement. As a result of our review, we conclude that State willfully violated Section 73.49 of the Rules and affirm the forfeiture amount of $7,000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 State Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of Section 73.49 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 224, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Notice of Withdrawal of complaint is GRANTED, and that the Complaint is DISMISSED with prejudice. 4. IT IS FURTHER ORDERED that the above-captioned proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Notice of Withdrawal of Complaint, File
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- with the Policy Statement as well. As a result of our review, we conclude that Three Angels willfully and repeatedly violated Sections 17.4(a) and 17.21(a) of the Rules and that cancellation or reduction of the proposed $13,000 monetary forfeiture is not warranted. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,13 Three Angels IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen thousand dollars ($13,000) for failure to register and paint its antenna structure, in willful and repeated violation of Sections 17.4(a) and 17.21(a) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the Act, Three Angels must
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- proposed forfeiture is warranted because of the compliance record of both Bonners Ferry and its parent company, Blue Sky Broadcasting with the Commission's Rules. Accordingly, the forfeiture amount is reduced from seven thousand dollars ($7,000) to five thousand, six hundred dollars ($5,600). IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and sections 0.111, 0.311 and 1.80(f) of the Rules,8 Radio Bonners Ferry IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand, six hundred dollars ($5,600) for willfully violating Section 73.49 of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- Failure to file such a status report will result in dismissal of the complaint for failure to prosecute.8 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-36, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Joint Motion to Dismiss Without Prejudice the Complaint against the Remaining Defendants IS GRANTED. 5. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3, 1.716-18, and 1.720-1.736 of the
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- cable system to request a waiver of section 11.11(a) of the Rules and to submit the information necessary to support a financial hardship showing.17 Any buyer that does not file a waiver request will be required to come into compliance with the EAS rules by the end of the 30-day period.18 7. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0.204(b) and 0.311 of the rules,19 Telecommunications Management, LLC d/b/a NewWave Communications' request for temporary waivers of section 11.11(a) of the Rules is GRANTED for the following systems, Fulton, Kentucky until June 1, 2004; Bolivar, Brownsville, and Ripley, Tennessee until January 1, 2005; Dyer and Bradford, Tennessee until March 1, 2005; Ashdown, Arkansas; Wheatland, Missouri; Chesterfield and Pageland, South Carolina;
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- on our review of the facts and circumstances of this case, we find that a forfeiture of $75,000 is appropriate, pursuant to section 503(b) of the Act and section 1.80 of the Commission's rules. V. ORDERING CLAUSES 19. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. 503(b), and sections 0.111, 0.311, and 1.80 of the Commission's rules, 47 C.F.R. 0.111, 0.311, and 1.80, BellSouth Telecommunications, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seventy-five thousand dollars ($75,000) for willfully and repeatedly violating section 53.203(a)(3) of the Commission's rules. 20. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, 47 C.F.R.
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- the form of an affidavit signed by an officer or director of the licensee. If NRS fails to submit such a report or we find that NRS has not come into compliance with Section 17.4(a), we will consider further appropriate enforcement action. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 NRS IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules. 14. IT IS ALSO ORDERED that, pursuant Section 308(b) of the Act, NRS must submit the report described in Paragraph 12, above, within 30 days from the release
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- (``New York Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'')2 in the amount of $4,000 to Ivette. Ivette has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``the Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Esperanza Gonzales d/b/a Ivette Car Service IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules5 within 30 days of the release of this
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- (``New York Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'')2 in the amount of $4,000 to Star. Star has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``the Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Star Car Service IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules5 within 30 days of the release of this Order. If the
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- with the Policy Statement as well. As a result of our review, we conclude that Horne willfully and repeatedly violated Section 73.1745(a) of the Rules. We also find that there is no basis for cancellation or reduction of the proposed monetary forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Horne IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willful and repeated violation of Section 73.1745(a) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- as to whether Vector possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. 4. The public interest will be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended,1 and Sections 0.111 and 0.311 of the Rules,2 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation of Vector IS TERMINATED. 7. IT IS FURTHER ORDERED that Vector Products, Inc. d/b/a Vector Manufacturing, Ltd. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a
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- Enforcement Bureau within 30 days of the release of this order outlining what measures it has taken or will take to correct the violation and ensure that this does not recur. SM Radio's report must be submitted in the form of an affidavit or declaration.4 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the (``Act''),5 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, SM Radio, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully violating Section 73.1125 of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules6 within 30 days of the release of this Order. If the forfeiture is
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- a result of our review, we conclude that Westshore willfully and repeatedly violated Sections 17.51, 17.57 and 73.49 of the Rules. We also conclude that, while cancellation of the proposed $20,000 monetary forfeiture is not warranted, a reduction to $12,000 is justified. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,20 Westshore Broadcasting, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for failure to light its antenna structure, to notify the Commission of a change in the antenna structure's ownership information, and to enclose the antenna structure within an effective locked fence, in willful and repeated violation of
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- conjunction with the Policy Statement, as well. As a result of our review, we conclude that Petracom willfully and repeatedly violated Sections 11.61(a)(2)(i)(A) and 73.3526(a)(2) of the Rules and that cancellation or reduction of the proposed $3,500 monetary forfeiture is not warranted. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act18, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules19, Petracom of Joplin, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand, five hundred dollars ($3,500) for willfully and repeatedly violating Sections 11.61(a)(2)(i)(A) and 73.3526(a)(2) of the Rules. For collection, the Commission will file a proof of claim at the appropriate time in Petracom's bankruptcy action.20 13. IT IS FURTHER
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- As a result of our review, we conclude that Trade Center willfully and repeatedly violated Section 73.3526(b) of the Rules and find that, although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $8,000 is appropriate. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Trade Center Management, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully and repeatedly violating Section 73.3526(b) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- therefore is entitled to attach to KCPL's poles pursuant to section 224 of the Act15 and the Commission's rules regarding pole attachments.16 9. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Joint Motion for Consent Order IS GRANTED. 10. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311
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- assess a $7,000 forfeiture.27 We further find Schumacher's commitment to comply with the marketing provisions of Section 2.803(c) in the future commendable, but such post-remedial measure does not lessen, mitigate, or excuse its past violations of the equipment marketing requirements.28 IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act29 and Sections 0.111, 0.311 and 1.80 of the Rules,30 Schumacher Electric Corporation IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 15. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of
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- Communications waives its right to a hearing, the Chief Administrative Law Judge (or the presiding officer if one has been designated) SHALL, at the earliest practicable date, ISSUE an order reciting the events or circumstances constituting a waiver of hearing, terminating the hearing proceeding, and certifying the case to the Commission. 9. IT IS FURTHER ORDERED that, pursuant to Section 0.111(b) of the Rules,17 the Enforcement Bureau shall serve as trial staff in this proceeding. 10. IT IS FURTHER ORDERED that, the burden of proceeding with the introduction of evidence and the burden of proof with respect to the issues specified above shall be on the Enforcement Bureau. 11. IT IS FURTHER ORDERED that a copy of this Order to Show
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- PLB-200.64 The Commission expects that corrective action will be implemented to bring past violations into compliance.65 However, such corrective action does not nullify or mitigate ACR's past marketing violations, and thus does not warrant any reduction in the proposed forfeiture.66 IV. ORDERING CLAUSES 26. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act67 and Sections 0.111, 0.311 and 1.80 of the Rules,68 ACR Electronics, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seventy five thousand dollars ($75,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 27. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days
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- in conjunction with the Policy Statement. As a result of our review, we conclude that Radio One, Infinity, and Telemundo, willfully and repeatedly violated Section 1.1310 of the Rules and the appropriate forfeiture amount is ten thousand dollars ($10,000) for each.103 IV. ORDERING CLAUSES 36. Accordingly, IT IS FURTHER ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, and 1.80 of the Rules, Radio One Licenses, LLC, licensee of FM station KKBT IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 1.1310 of the Rules. 37. IT IS FURTHER ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80 of the
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- the Commission's underwriting rules. We will not hesitate to take even stronger enforcement action against noncommercial educational licensees that engage in similarly serious violations of our underwriting requirements. IV. ORDERING CLAUSES 17. In view of the foregoing, we conclude that a monetary sanction is appropriate. Accordingly, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80 of the Commission's rules, Minority Television Project, Inc., licensee of noncommercial educational Station KMTP-TV, San Francisco, California, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $7,500 for willfully and repeatedly broadcasting advertisements in violation of section 399B of the Act, 47 U.S.C. 399b, and section 73.621 of the Commission's rules, 47
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- Docket No. 05-30 ) EB-02-TS-606 Grantee of Equipment ) Authorization for ) Learned Mode Remote Control ) Transmitter Devices, FCC ID Nos. MMORC0196N and MMORMC575 ORDER OF REVOCATION Adopted: April 15, 2005 Released: April 18, 2005 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. By this Order of Revocation, acting pursuant to authority delegated to the Enforcement Bureau under section 0.111(a)(17) of the Commission's rules,1 we revoke the above- captioned equipment authorizations held by Tung Shih Technology Co., Ltd. (``Tung Shih'') for its learned mode remote control devices (``learned mode transmitters''). We conclude, based upon the evidence described herein, that the learned mode transmitters manufactured by Tung Shih have the capability to transmit impermissibly on restricted frequencies specified in section 15.205(a)
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- RII, which is incorporated by reference herein. 3. We have reviewed the Consent Decree and evaluated the circumstances underlying the Bureau's investigation. We believe that the public interest would be served by adopting the Consent Decree and terminating the investigation. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended,1 and sections 0.111 and 0.311 of the Commission's rules,2 the Consent Decree attached hereto IS ADOPTED. 5. IT IS FURTHER ORDERED, that the investigation by the Enforcement Bureau IS TERMINATED. 6. IT IS FURTHER ORDERED, that copies of this Order shall be sent by certified mail, return receipt requested to Kenneth R. Noble II, President, Radio & Investments, Inc., 308 Verdunville Road, Franklin,
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- of the Rules. We find no basis for cancellation or reduction of the $4,000 forfeiture proposed for this violation. If Mitchell still wishes to request an installment plan, such request should be submitted to the address set forth in paragraph 10 below. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Dave Mitchell IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willful and repeated violation of Section 1.903(a) of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules13 within thirty (30) days of the release of
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- Esq., United States Department of Justice, Antitrust Division Kristy Carroll, Esq., USAC _________________________ 1 United States v. Inter-Tel Technologies, Inc., No. CR-04- 399-CRB, Plea Agreement (N.D.Cal. filed Dec. 8, 2004) (``Inter-Tel Plea Agreement''). The Order accepting this plea agreement was signed by the Court on January 5, 2005, and entered on January 10, 2005. 2 47 C.F.R. 54.521; 47 C.F.R. 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. 54.521). 3 47 C.F.R. 54.521(a)(4). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-9227, 67-74 (2003) (``Second Report and Order''). 4 Second Report and Order, 18 FCC Rcd
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111, 0.311, and 1.716-1.718 of the Commission's rules, 47 C.F.R. 0.111, 0.311, and 1.716- 1.718, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Formal Complaint of Broadview Networks, Inc., File No. EB-03- MD-021 (filed Dec. 30, 2003) (``Complaint''). 2 Joint Notice
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 0.111, 0.311, and 1.1401- 1.1418, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Lisa B. Griffin Deputy Chief, Market Disputes Resolution Division _________________________ 1 Letter from Yaron Dori, Hogan & Hartson, L.L.P., to Marlene H. Dortch, Secretary, Federal Communications Commission, File No. EB-05-MDIC-0011
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- Policy Statement. As a result of our review, we conclude that WBLT willfully and repeatedly violated Section 17.4(a) of the Rules. We find no basis for cancellation or reduction of the $3,000 forfeiture proposed for these violations. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,10 WBLT, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand hundred dollars ($3,000) for willfully and repeatedly violating Section 17.4(a) of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- that Mr. McKinney willfully violated Section 301 of the Act. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $1,000 is appropriate based on Mr. McKinney's demonstrated inability to pay. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,13 Danny R. McKinney IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully violating Section 301 of the Act. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Dacres.2 Mr. Dacres has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Samuel E. Dacres IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly operating an FM radio transmitter without a license in violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- Policy Statement. As a result of our review, we conclude that Pembroke willfully and repeatedly violated Section 301 of the Act. We find no basis for cancellation or reduction of the $10,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,15 Pembroke Square Associates IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Universal willfully and repeatedly violated Section 301 of the Act. We also conclude that neither cancellation nor reduction of the proposed $10,000 monetary forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules12, Universal Network Television, LLC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Act. 11. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must
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- must be signed by an officer or director of Source. Source also must submit an affidavit, signed by an officer or director of Source, notifying the Commission when the structure has been brought into full compliance with the rules. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Source USA, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully and repeatedly violating Sections 17.4(a) and 17.51(a) of the Rules and willfully and repeatedly failing to respond to Commission correspondence. 5. IT IS FURTHER ORDERED that Source shall file the plan described in paragraph 3 above within
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- the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 for WRN is warranted. Because we have confirmed WRN's claim that it has no history of Commission violations, we further reduce the forfeiture amount to $4,000.20 IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act21 and Sections 0.111, 0.311 and 1.80 of the Rules,22 WRN IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for the willful and repeated violations of Section 301 of the Act and Section 25.102(a) of the Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,23 within thirty days of
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- of Commission rules32 ordinarily would warrant a proposed forfeiture above the base amount, we find that those factors are counter- balanced here by the licensee's good-faith efforts to remedy the situation prior to our initiation of this investigation.33 IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended,34 and sections 0.111, 0.311, and 1.80 of the Commission's rules,35 that Capstar TX Limited Partnership is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Four Thousand Dollars ($4,000) for willfully violating section 73.1216 of the Commission's rules. 12. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty days of the release of this
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- in conjunction with the Policy Statement as well. As a result of review, we conclude that Statcom willfully and repeated violated Section 1.903(a) of the Rules and we find no grounds to reduce or cancel the forfeiture amount proposed by the NAL. IV. ORDERING CLAUSES 18. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,17 Statcom Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for willful violation of Section 1.903(a) of the Act. 19. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- Orleans Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Kennedy.2 Mr. Kennedy has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Scottie E. Kennedy IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully operating a radio transmitter without a license in violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $20,000 to Vector.2 Vector has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Vector Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for willfully and repeatedly failing to exhibit red obstruction lighting on its antenna structures in violation of Section 17.51(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mega Communications.2 Mega Communications has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Mega Communications of St. Petersburg, Licensee L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully failing to comply with prescribed antenna structure painting and lighting specifications in violation of Section 17.21 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in
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- we conclude that Hawking is apparently liable for a $22,000 forfeiture. We further find Hawking's promise to correct the violations is commendable, but such remedial measures do not lessen, mitigate, or excuse its past violations of the equipment marketing requirements.29 IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act30 and Sections 0.111, 0.311 and 1.80 of the Rules,31 Hawking Technologies, Inc., IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-two thousand dollars ($22,000) for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803(a) and 15.204(a) of the Rules. 14. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty
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- at diana.lee@fcc.gov. If Ms. Lee is unavailable, you may contact Hillary DeNigro by telephone at (202) 418-1420 and by e-mail at hillary.denigro@fcc.gov. Sincerely yours, William H. Davenport Chief Investigations and Hearings Division Enforcement Bureau cc: Gerald Lord, Miller, Poole & Lord, LLP Kristy Carroll, USAC (E-mail) Marty Carlson, United States Attorney, Middle District of Pennsylvania (E-mail) _________________________ 1See 47 C.F.R. 0.111(a)(14), 54.521. 2Letter from William H. Davenport, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to John Henry Weaver, Notice of Suspension and Proposed Debarment, 20 FCC Rcd 5130 (Inv. & Hearings Div., Enf. Bur. 2005) (Attachment 1). 370 Fed. Reg. 12883 (Mar. 16, 2005). 4See Notice of Suspension, 20 FCC Rcd at 5130-32. 5See 47 C.F.R. 54.521(e)(3) and
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- 9300 East Hampton Drive Capitol Heights, MD 20743 If you have any questions, please contact Ms. Lee via mail, by telephone at (202) 418-0843 or by e-mail at diana.lee@fcc.gov. Sincerely yours, William H. Davenport Chief Investigations and Hearings Division Enforcement Bureau cc: Carla Stern, Assistant United States Attorney, DOJ (E- mail) Kristy Carroll, Esq., USAC (E-mail) _________________________ 1See 47 C.F.R. 0.111(a)(14), 54.521. 2Letter from William H. Davenport, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Qasim Bokhari, Notice of Suspension and Proposed Debarment, 20 FCC Rcd 3603 (Inv. & Hearings Div., Enf. Bur. 2005) (Attachment 1). 370 Fed. Reg. 9647 (Feb. 28, 2005). 4See id., 20 FCC Rcd at 3603-06. 5See 47 C.F.R. 54.521(e)(3) and (4). That date
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- v. Morrett, Criminal Docket No. 03-337, Information at 4 (M.D.Pa. filed December 8, 2003) (``Morrett Information''); United States v. Morrett, Criminal Docket No. 03-337, Plea Agreement at 1-2 (M.D.Pa. filed Dec. 8, 2003) (``Morrett Plea Agreement''); United States v. Morrett, Criminal Docket No. 03-337, Judgment (M.D.Pa. filed May 16, 2005 and entered May 18, 2005). 247 C.F.R. 54.521; 47 C.F.R. 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. 54.521). 347 C.F.R. 54.521(a)(4). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-9227, 67- 74 (2003) (``Second Report and Order''). 4Second Report and Order, 18 FCC Rcd at
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- 9300 East Hampton Drive Capitol Heights, MD 20743 If you have any questions, please contact Ms. Lee via mail, by telephone at (202) 418-0843 or by e-mail at diana.lee@fcc.gov. Sincerely yours, William H. Davenport Chief Investigations and Hearings Division Enforcement Bureau cc: Carla Stern, Assistant United States Attorney, DOJ (E- mail) Kristy Carroll, Esq., USAC (E-mail) _________________________ 1See 47 C.F.R. 0.111(a)(14), 54.521. 2Letter from William H. Davenport, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Haider Bokhari, Notice of Suspension and Proposed Debarment, 20 FCC Rcd 3599 (Inv. & Hearings Div., Enf. Bur. 2005) (Attachment 1). 370 Fed. Reg. 11972 (Mar. 10, 2005). 4See id., 20 FCC Rcd at 3599-3602. 5See 47 C.F.R. 54.521(e)(3) and (4). That date
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- of the Act, and Sections 17.21(a), 17.47, 17.48 and 17.49 of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Lotus Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for repeatedly violating Section 303(q) of the Act, and Sections 17.21(a), 17.47, 17.48 and 17.49 of the Rules. 25 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- ) Permit for a New ) Facility ID No. 94199 Noncommercial Educational FM ) File No. BPED-19990907MG Station in Daingerfield, Texas ) MEMORANDUM OPINION AND ORDER Adopted: July 6, 2005 Released: July 7, 2005 By the Acting Chief, Enforcement Bureau: I. INTRODUCTION 1. By this Memorandum Opinion And Order, acting pursuant to authority delegated to the Enforcement Bureau under section 0.111(a)(17) of the Commission's rules,1 we dismiss the above- captioned proceeding pursuant to section 1.92(d) of the Commission's rules.2 We conclude, based on the evidence described herein that KEGG Communications, Inc. (``KCI'') surrendered the license for FM translator Station K216EQ, Daingerfield, Texas and that the Media Bureau canceled that authorization.3 We further note that the presiding Administrative Law Judge (``Presiding Judge'')
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- Shih waives its right to a hearing, the Chief Administrative Law Judge (or the presiding officer if one has been designated) SHALL, at the earliest practicable date, ISSUE an order reciting the events or circumstances constituting a waiver of hearing, terminating the hearing proceeding, and certifying the case to the Commission. 11. IT IS FURTHER ORDERED that, pursuant to Section 0.111(b) of the Rules,14 the Enforcement Bureau shall serve as trial staff in this proceeding. 12. IT IS FURTHER ORDERED that, the burden of proceeding with the introduction of evidence and the burden of proof with respect to the issues specified above shall be on the Enforcement Bureau. 13. IT IS FURTHER ORDERED that a copy of this Order to Show
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- providing its financial statements, HBS has neither submitted, nor cited to, any other evidence supporting its claim of financial hardship.14 However, in recognition of the fact that HBS has maintained heretofore a good overall compliance record, we will reduce the forfeiture from $10,000 to $8,000.15 5. Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act16, and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules,17 Hispanic Broadcast System, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for its willful and repeated broadcast of advertisements in violation of section 73.503(d) of the Commission's rules and section 399B of the Act. 6. Payment of the forfeiture must be made in the manner provided
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- related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the enforcement proceeding. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended,2 and Sections 0.111 and 0.311 of the Rules,3 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's enforcement proceeding IS TERMINATED. 7. IT IS FURTHER ORDERED that Sprint Spectrum L.P. d/b/a Sprint PCS will make a voluntary contribution to the United States Treasury in the amount of thirty-five thousand dollars ($35,000) within 30 calendar
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- private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary McEnery, Deputy Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and 203(c); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. (1996); 47 C.F.R. 69.1
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- private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary McEnery, Deputy Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and 203(c); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. (1996); 47 C.F.R. 69.1
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- private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary McEnery, Deputy Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and 203(c); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. (1996); 47 C.F.R. 69.1
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- private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary McEnery, Deputy Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and 203(c); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. (1996); 47 C.F.R. 69.1
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- incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by approving the Consent Decree and terminating the investigation. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended,4 and the authority delegated by sections 0.111 and 0.311 of the Commission's Rules,5 the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the forfeiture proceeding against Kermit L. Dilworth, Jr. IS TERMINATED. 6. IT IS FURTHER ORDERED that copies of this Order shall be sent by regular first class mail and certified mail - return receipt requested, to Kermit L. Dilworth at his address
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- of the associated time and resources of the parties and the Commission, and will promote the private resolution of disputes.5 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 224, sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 1.1401-1.1418, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Formal Complaint, File No. EB-03-MD-020 (filed Dec. 17, 2003). 2 47 U.S.C. 224. 3 47 C.F.R. 1.1409. 4
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- hearing.11 Consequently, we hereby designate the matter for hearing before a Commission administrative law judge to provide Mr. Cox with an opportunity to demonstrate why his license should not be revoked. IV. ORDERING CLAUSES 6. ACCORDINGLY, IT IS ORDERED that, pursuant to sections 312(a) and (c) of the Communications Act of 1934, as amended,12 and authority delegated pursuant to sections 0.111, 0.311, and 1.91(a), of the Commission's rules,13 David Edward Cox is hereby ORDERED TO SHOW CAUSE why his authorization for Amateur Radio Advanced Class License W5OER SHOULD NOT BE REVOKED. David Edward Cox shall appear before an administrative law judge at a time and place to be specified in a subsequent order and provide evidence upon the following issues: (a)
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- Orleans Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Mr. Loflin.3 Mr. Loflin has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),4 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,5 David M. Loflin IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly operating a station on an unauthorized channel in violation of Section 73.1350(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- forfeiture is warranted, given Silva's voluntary surrender of his operating equipment and his amateur license, and his ability to pay. Accordingly, the forfeiture amount is reduced from twenty thousand dollars ($20,000) to five hundred dollars ($500). IV. ORDERING CLAUSES 8. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Raimundo P. Silva IS LIABLE FOR A MONETARY FORFEITURE in the amount of $500 for willfully and repeatedly violating Section 301 of the Act.14 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- readiness condition, failing to maintain a main studio in compliance with the Rules, and failing to maintain a complete public inspection file. We find it appropriate to reduce the forfeiture for these violations from $25,000 to $18,000. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,26 Twenty-One Sound Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eighteen thousand hundred dollars ($18,000) for willfully and repeatedly violating Sections 11.35(a), 73.1125(a) and 73.3526(a) of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation or reduction of the $7,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Hightech CB Shop IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and 2.803(a) of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- the private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Formal Complaint, File No. EB-05-MD-005 (filed Apr. 21, 2005). 2 47 U.S.C. 201, 202, and 203. 3 Joint Request for
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- including that of Stations KLMO and KSKE. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act16 and Section 1.106 of the Rules,17 Pilgrim Communications, Inc.'s petition for reconsideration of the May 19, 2004 Forfeiture Order IS hereby DENIED. 8. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,18 Pilgrim Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand dollars ($11,000) for willful and repeated violation of Section 73.1125(a) of the Rules and willful violation of Sections 73.1560(a) and 73.1745(a) of the Rules. 9.Payment of the forfeiture shall be made in the manner provided in Section 1.80 of
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- nor reduction of the forfeiture is appropriate. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act15 and Section 1.106 of the Rules,16 Pilgrim Communications, Inc.'s petition for reconsideration of the May 19, 2004 Forfeiture Order IS hereby DENIED. 7. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,17 Pilgrim Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of nineteen thousand dollars ($19,000) for willful and repeated violation of Sections 11.35, 73.1125(a), 73.1560(a) and 73.1745(a) of the Rules. 8.Payment of the forfeiture shall be made in the manner provided in Section 1.80 of the Rules within 30 days of the
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Therefore, we grant NIBC's request and dismiss the application for review with prejudice. 4. Accordingly, IT IS ORDERED that, pursuant to Sections 1, 4(i) and 4(j) of the Act,3 and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules,4 New Inspiration Broadcasting Co., Inc.'s February 14, 2005, application for review IS DISMISSED WITH PREJUDICE. 5. IT IS FURTHER ORDERED that a copy this Order shall be sent by regular mail and by certified mail, return receipt requested, to counsel for Uniradio Corp., Mark C. Del Bianco, Esq., 3929 Washington Street, Kensington, Maryland 20895,
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- If Ms. Lee is unavailable, you may contact Eric Bash by telephone at (202) 418-1420 and by e-mail at eric.bash@fcc.gov. Sincerely yours, William H. Davenport Chief Investigations and Hearings Division Enforcement Bureau cc: Brian Perry, Esq., Nealson & Gover Kristy Carroll, Esq., USAC (E-mail) Marty Carlson, Esq., Assistant United States Attorney, Middle District of Pennsylvania (E-mail) _________________________ 1See 47 C.F.R. 0.111(a)(14), 54.521. 2Letter from William H. Davenport, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Ronald R. Morrett, Jr., Notice of Suspension and Proposed Debarment, 20 FCC Rcd 10888 (Inv. & Hearings Div., Enf. Bur. 2005) (Attachment 1). 370 Fed. Reg. 40360 (Jul. 13, 2005). 4See Notice of Suspension, 20 FCC Rcd at 10888-91. 5See 47 C.F.R.
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- review, we conclude that Mr. Vera-Maury willfully violated Section 73.49 of the Rules. However, consistent with Mr. Vera-Maury's claim, we reduce the proposed forfeiture to $5,600 based on Mr. Vera- Maury's history of compliance with the Rules. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Angel Vera-Maury IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand six hundred dollars ($5,600) for willfully violating Section 73.49 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- that Mr. Riels willfully violated Section 301 of the Act. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $650 is appropriate based on Mr. Riels' demonstrated inability to pay. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,15 Jeremy R. Riels IS LIABLE FOR A MONETARY FORFEITURE in the amount of six hundred fifty dollars ($650) for willfully violating Section 301 of the Act. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- is no demonstrated inability to pay and thus no basis for reduction of the forfeiture amount. IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act and Section 1.106 of the Rules, Mr. Clephar's petition for reconsideration IS DENIED. 6. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,6 Mr. Clephar IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violating Section 301 of the Act. 7. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules7 within 30 days of the release of this Order. If the forfeiture is not
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- District Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $8,000 to Mr. Guerrero.2 Mr. Guerrero has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Rafael C. Guerrero IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly failing to maintain operational EAS equipment at KRSC(AM), Othello, Washington, in violation of Section 11.35 of the Rules.5 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Bee Taxi Corporation.2 Bee Taxi Corporation has neither paid the NAL nor filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Bee Taxi Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order.
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- pay. We agree with Snow Hill, however, that the proposed forfeiture of $10,000 is in excess of the amount assessed in the past for similar public file violations. We therefore reduce the forfeiture to $4000 because the public file was partially complete.10 IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,11 Snow Hill Broadcasting, L.L.C., IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willful and repeated violations of 73.3526(e)(6), 73.3526(e)(8), 73.3526(e)(9), and 73.3526(e)(12) of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30)
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- compliance with Commission rules or policy is expected, and does not nullify or mitigate any prior forfeitures or violations.''11 14. We do find, however, that based on Mr. Senatus's demonstrated inability to pay, the proposed forfeiture amount should be reduced to $2,500. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,12 Jean L. Senatus IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand five hundred dollars ($2,500) for willful and repeated violation of Section 301 of the Act. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of
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- ``Act'').1 2. On July 30, 2004, the Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $20,000 to PSN.2 PSN has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act3, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Pacific Spanish Network, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty thousand dollars ($20,000) for willfully and repeatedly violating the express terms and conditions of its Section 325(c) permit. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended,2 and Sections 0.111 and 0.311 of the Rules,3 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that Endless Mountains Wireless will make a voluntary contribution to the United States Treasury in the amount of twenty thousand dollars ($20,000) within 30 calendar days after the Effective Date of the Adopting Order. Payment of the forfeiture must be made
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- the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended,3 and sections 0.111 and 0.311 of the commission's rules,4 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, DC 20554 ) File No. EB-04-IH-0519 In the Matter of ) ) Acct. No. 200532080146 Locus Telecommunications, Inc. )
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- this extension to all waivers in place, whether or not the cable system has filed a request. Although we deny the petitioners' requests for longer extensions of their temporary waivers of section 11.11(a), we reserve the right to revisit this proceeding as the March 1, 2006 date approaches. IV. ORDERING CLAUSE 10. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules,14 Vista III Media, L.L.C.; Oldtown Community Systems, Inc.; Northland Cable Properties, Inc.; Neu Ventures, Inc., d/b/a Mountain Zone TV Systems; Galaxy Cable, Inc.; Long View Cable and Data, LLC; Upper Peninsula Communications, Inc.; Prairieburg Telephone Company, Inc.; Project Services, Inc.; Clearview Cable, Inc.; Long Lines Metro, LLC; Tex-Tech, Inc.; Carson Communications, LLC; Nepsk, Inc.,
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- we conclude that temporary waivers of section 11.11(a) of the rules its cable television systems in Havensville and Onaga, Kansas, are warranted. In particular, we find that the estimated $20,000 cost to purchase and install EAS equipment at these recently acquired cable television systems could impose a financial hardship on Carson. 3. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0.204(b) and 0.311 of the rules,11 Carson Communications, Inc.'s request for temporary waivers of section 11.11(a) of the rules is GRANTED until October 1, 2005, for its cable television systems in Havensville and Onaga, Kansas.12 4. IT IS FURTHER ORDERED that Carson Communications, Inc. place a copy of this waiver in its system files. 5. IT IS FURTHER ORDER that
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- private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Lisa B. Griffin Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 U.S.C. 208. 2 See Formal Complaint, File No. EB-01-MD-017 (filed Aug. 28, 2001) (``Complaint''). The Complaint requested
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- we hereby dismiss it without prejudice. IV. ORDERING CLAUSES 28. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 208 and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 201(b), 208, and 276, sections 1.720-1.736 and 64.1300-64.1320 of the Commission's rules, 47 C.F.R. 1.720-1.736, 64.1300-64.1320, and the authority delegated pursuant to sections 0.111 and 0.131 of the Commission's rules, 47 C.F.R. 0.111, 0.131, that Complainants' claims under sections 201(b) and 276 of the Act are GRANTED. 29. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), 208, and 416 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 208, and 416, sections 1.720-1.736 and 64.1300-64.1320 of the Commission's rules, 47
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- inability to pay. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED THAT, pursuant to Section 40522 of the Act and Section 1.106 of the Rules,23 FMG's July 8, 2004 Petition for Reconsideration of the Enforcement Bureau's Forfeiture Order issued on June 8, 2004 IS DENIED. 15. IT IS ALSO ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,24 Fun Media Group IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully violating Section 17.50 of the Rules. 16. Payment of the forfeiture shall be made in the manner provided in Section 1.80 of the Rules within 30 days of the release of the Order. If the
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- no substantial or material questions of fact with respect to this matter as to whether ART or First Avenue possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended,2 and the authority delegated by section 0.111 and 0.311 of the Commission's Rules3, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau _________________________ 1 47 C.F. R. 1.9020. 2 47 U.S.C. 154(i). 3 47 C.F.R. 0.111, 0.311. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2672A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2672A1.doc 3. http://transition.fcc.gov/eb/Orders/2005/DA-05-2672A2.html
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- 3. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the investigation. 4. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and the authority delegated by section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the above captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) File No. EB-04-IH-0469 ) MCI, Inc. ) Account No.
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- Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $17,000 to Mr. Sims.3 Mr. Sims has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended,4 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,5 Russell A. Sims, Jr. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for operating a citizens band radio station without Commission authorization and refusing to make his station available for inspection in violation of Sections 301 and 303(n) of the Act and Section 95.426(a) of the Rules. 4. Payment of
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- the violation of Section 11.35 of the Rules, but conclude that Clamor willfully and repeatedly violated Section 73.1125 of the Rules. We find no basis for cancellation or reduction of the $7,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,14 the forfeiture in the amount of eight thousand dollars ($8,000) for violation of Section 11.35 of the Rules proposed in the November 16, 2004 Notice of Apparent Liability issued to Clamor Broadcasting Network Inc. IS CANCELED. 11. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as
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- (``Kansas City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Ms. Salazar.2 Ms. Salazar has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Maria L. Salazar IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violation of Sections 11.35(a) and 73.3526(e) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- procedural rules. V. ORDERING CLAUSE 16. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 201(b), 208, and 276, and sections 1.3, 1.711-1.736, and 64.1300-64.1320 of the Commission's rules, 47 C.F.R. 1.3, 1.711-1.736, 64.1300- 64.1320, and the authority delegated pursuant to sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Complainants' motion for partial waiver of section 1.718 of the Commission's rules IS GRANTED to the extent set forth above, and is otherwise DENIED. FEDERAL COMMUNICATIONS COMMISSION Kris A. Monteith Chief, Enforcement Bureau _________________________ 1 47 C.F.R. 1.3, 1.727. 2 APCC Services, et. al., v. NetworkIP, LLC and Network
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- prerecorded advertising messages identified above. We have further determined that Septic Safety is apparently liable for a forfeiture in the amount of $14,500. 11. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. 503(b)(5),24 and section 1.80 of the Commission's rules, 47 C.F.R. 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Septic Safety, Inc. IS hereby NOTIFIED of an Apparent Liability for Forfeiture in the amount of $14,500 for willful or repeated violations of section 227(b)(1)(B) of the Act, 47 U.S.C. 227(b)(1)(B), section 64.1200(a)(2) of the Commission's rules, 47 C.F.R. 64.1200(a)(2), and the related orders described above. 12. The Commission
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- ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended,16 and Section 1.106 of the Commission's Rules,17 Twenty- One Sound Communications, Inc.'s petition for reconsideration of the July 27, 2005 Forfeiture Order IS hereby DENIED. 12. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,18 Twenty-One Sound Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of eighteen thousand dollars ($18,000) for willful and repeated violation of Sections 11.35(a), 73.1125(a), and 73.3526(a) of the Rules. 13. Payment of the $18,000 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended,3 and sections 0.111 and 0.311 of the Commission's rules,4 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, DC 20554 ) File No. EB-04-IH-0652 In the Matter of ) ) Acct. No. 200632080006 United Networks International, )
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- in the absence of material new information not previously disclosed to the Bureau, the matters raised in the investigation do not raise any substantial and material questions of fact regarding CenturyTel's qualifications to be a Commission licensee. 4. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended,2 and the authority delegated by sections 0.111 and 0.311 of the Commission's rules,3 that the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) CenturyTel, Inc. ) File No. EB-03-TC- 121 ) NAL Acct. No. 200632170001 Compliance
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- Commission licensee, SDN's is charged with the responsibility for knowing and complying with the terms of its authorizations, the Act and the Rules, including the requirement to timely renew the authorizations and maintain operating authority for its three earth stations.27 IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act28 and Sections 0.111, 0.311 and 1.80 of the Rules,29 SDN IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand dollars ($19,000) for its apparent willful and repeated violations of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,30 within
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- adjustment of the proposed aggregate forfeiture from $6,500 to $5,200 is warranted because Journal made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action.24 IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act25 and Sections 0.111, 0.311 and 1.80 of the Rules,26 Journal IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand, two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,27
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- the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we reduce the forfeiture proposed for this violation to $5,600, based on Family's history of compliance with the Rules. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Family Educational Association Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand six hundred dollars ($5,600) for willfully and repeatedly violating Section 73.1350(a) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- not explain the degree to which this information is commercial or financial or contains a trade secret as required by Section 0.459(b)(3), or explain how disclosure of such information could result in substantial competitive harm as required by Section 0.459(b)(5), we deny its request for confidentiality of this information. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311, 0.459(c) and 0.459(d)(2) of the Rules,20 that the Confidentiality Request filed on March 25, 2005 by Antenna System and Supplies, Inc. IS GRANTED IN PART AND DENIED IN PART as described herein. 10. IT IS FURTHER ORDERED, pursuant to Section 0.459(g) of the Rules, that Antenna System and Supplies, Inc. may file an application for review of this denial
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- private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaints ARE DISMISSED WITH PREJUDICE in their entirety and the proceedings ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary McEnery, Deputy Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and 203(c); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. (1996); 47 C.F.R. 69.1
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- we conclude that Gerritsen willfully and repeatedly violated Section 333 of the Act. Considering the entire record and the factors listed above, we find that neither reduction or cancellation of the proposed $21,000 forfeiture is warranted IV. ORDERING CLAUSES 20. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jack Gerritsen IS LIABLE FOR A MONETARY FORFEITURE in the amount of $21,000 for willfully and repeatedly violating Section 333 of the Act.31 21. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- we conclude that Gerritsen willfully violated Sections 321(b) and 333 of the Act. Considering the entire record and the factors listed above, we find that neither reduction or cancellation of the proposed $21,000 forfeiture is warranted IV. ORDERING CLAUSES 17. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jack Gerritsen IS LIABLE FOR A MONETARY FORFEITURE in the amount of $21,000 for willfully violating Sections 321(b) and 333 of the Act.26 18. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- Order. V. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended,17 and Section 1.106 of the Commission's Rules,18 Hightech CB Shop's petition for reconsideration of the July 27, 2005 Forfeiture Order IS hereby DENIED. 11. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,19 Hightech CB Shop IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 302(b) of the Act and Section 2.803(a) of the Rules. 12. Payment of the $7,000 forfeiture shall be made in the manner provided for in Section 1.80 of the
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- the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we reduce the forfeiture proposed for this violation to $2,400, based on Arcom's history of compliance with the Rules. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Arcom Communications IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand four hundred dollars ($2,400) for willfully and repeatedly violating Section 17.4(a) of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- conclude that Schikora and the Horner Trust willfully and repeated violated Section 17.57. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $3,000 forfeiture is warranted IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Gary M. Schikora and the George Horner Trust ARE LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully and repeatedly violating Section 17.57 of the Rules.12 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- the unauthorized frequency until six months after it first was warned of the unauthorized operation by the New York Office. 13. We do find, however, that based on Classic's demonstrated inability to pay, the proposed forfeiture amount should be reduced to $2,500. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 Classic Car Service Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand five hundred dollars ($2,500) for willful and repeated violation of Section 1.903(a) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- Policy Statement. As a result of our review, we conclude that Forsberg willfully and repeatedly violated Section 17.4(a) of the Rules. We find no basis for cancellation or reduction of the $6,000 forfeiture proposed for these violations. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,13 T.A. Forsberg, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand hundred dollars ($6,000) for willfully and repeatedly violating Section 17.4(a) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- with specific types of lighting to ensure air safety.15 We therefore cancel the forfeiture as to antenna structure #1006025. Considering the entire record and the factors listed above, we find that a $3,000 forfeiture is warranted. IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, ACS Wireless IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully and repeatedly violating Section 17.57 of the Rules.16 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- of our review, we conclude that Butterfield willfully and repeated violated Section 73.49. Considering the entire record and the factors listed above, we find that neither reduction or cancellation of the proposed $7,000 forfeiture is warranted IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Butterfield Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 73.49 of the Rules.16 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of MCI, Inc. IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date on which MCI must convert its informal complaints against the
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- repeatedly violated Sections 11.35, 73.840, 73.845, and 73.1660(a)(2) of the Rules. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $10,000 is appropriate based on Halifax's demonstrated inability to pay. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,21 Halifax Christian Community Church, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Sections 11.35, 73.840, 73.845, and 73.1660(a)(2) of the Rules by failing to install and maintain operational Emergency Alert System equipment and operating overpower with a non-certified transmitter from an
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- possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act,3 and Sections 0.111 and 0.311 of the Rules,4 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that Perfect Fit Industries, Inc. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and
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- by identifying the need to obtain separate certification for the devices and submitting a purchase order for final testing and certification prior to the Enforcement Bureau's issuance of the letter of inquiry. Accordingly, we reduce the forfeiture amount from $25,000 to $20,000.24 IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act25 and Sections 0.111, 0.311 and 1.80 of the Rules,26 Bureau D'Electronique Appliquee, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days
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- the Commission's underwriting rules. We will not hesitate to take even stronger enforcement action against noncommercial educational licensees that engage in similarly serious violations of our underwriting requirements. IV. ORDERING CLAUSES 13. In view of the foregoing, we conclude that a monetary sanction is appropriate. Accordingly, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80 of the Commission's rules, Hispanic Broadcast Systems, Inc., licensee of noncommercial educational Station WQQZ(FM), Clermont, Florida, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000 for willfully and repeatedly broadcasting advertisements in violation of section 399B of the Act, 47 U.S.C. 399b, and section 73.503 of the Commission's rules, 47 C.F.R.
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- a result of our review, we conclude that Kimtron willfully and repeatedly violated Sections 11.35(a), 11.61(a)(1)(i), and 11.61(a)(2)(i)(A) of the Rules, but we find that the forfeiture for these violations should be reduced to $4,800 because of Kimtron's history of past compliance.15 IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,16 Kimtron, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand eight hundred dollars ($4,800) for its willful and repeated violation of Sections 11.35(a), 11.61(a)(1)(i), and 11.61(a)(2)(i)(A) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 224, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Joint Motion IS GRANTED, that the proceeding IS DISMISSED WITH PREJUDICE, and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 Motion for Enforcement of Commission Memorandum Opinion and Order and Forfeiture, File No. EB-04-MD-011 (filed
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- City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Mr. Westcott.2 Mr. Westcott has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Paul D. Westcott IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly failing to respond to Commission requests for information about his station. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- no substantial or material questions of fact with respect to this matter as to whether Comcast possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and the authority delegated by section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of. ) ) File No. EB-04-IH-0465 ) Comcast Corporation ) Acct.
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- States Attorney, DOJ (E- mail) Kristy Carroll, Esq., USAC (E-mail) _________________________ 1United States v. Bokhari et al, Case No. 04-CR-0056-RTR, Superceding Indictment (E.D.WI filed September 24 2004 and entered October 4, 2004) (``Bokhari Superceding Indictment''); United States v. Haider Bokhari, Case No. 04- CR-0056-RTR, Judgment (E.D.WI filed January 28, 2005 and entered February 3, 2005). 247 C.F.R. 54.521; 47 C.F.R. 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. 54.521). 347 C.F.R. 54.521(a)(4). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-9227, 67-74 (2003) (``Second Report and Order''). 4Second Report and Order, 18 FCC Rcd at 9225,
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- Stern, Assistant United States Attorney, DOJ (E- mail) Kristy Carroll, Esq., USAC (E-mail) _________________________ 1United States v. Bokhari et al, Case No. 04-CR-0056-RTR, Plea Agreement (E.D.WI filed and entered October 22, 2004) (``Qasim Bokhari Plea Agreement''); United States v. Qasim Bokhari, Case No. 04-CR-0056-RTR, Judgment (E.D.WI filed January 28, 2005 and entered February 3, 2005). 247 C.F.R. 54.521; 47 C.F.R. 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. 54.521). 347 C.F.R. 54.521(a)(4). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-9227, 67-74 (2003) (``Second Report and Order''). 4Second Report and Order, 18 FCC Rcd at 9225,
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- possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act,3 and Sections 0.111 and 0.311 of the Rules,4 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that St. Louis Music, Inc. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and
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- present time.1 Accordingly, we hereby GRANT the complainants' request to withdraw this complaint without prejudice and TERMINATE this proceeding. 2. This Order is issued pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, sections 1.720-1.722 of the Commission's rules, 47 C.F.R. 1.720-1.722, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr, Division Chief Market Disputes Resolution Division Enforcement Bureau Law Offices BLOOSTON, MORDKOFSKY, DICKENS, DUFFY & PRENDERGAST 2120 L Street, NW Washington, DC 20037 AFFILIATED SOUTH AMERICAN OFFICES ESTUDIO JAUREGUI & ASSOCIATES BUENOS AIRES, ARGENTINA ROBERT M. JACKSON OF COUNSEL PERRY W. WOOFTER LEGISLATIVE CONSULTANT
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- Commission's rules,15 within 30 days following the issuance of an order re-converting the Complaint back to active status. 7. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 224, and sections 1.1401-1418 of the Commission's rules, 47 C.F.R. 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that Texas and Kansas City Cable Partners, L.P., d/b/a Time Warner Cable's Complaint be converted to an inactive complaint with a file number of EB-05-MDIC-0011 and a filing date of December 3, 2004. 8. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Communications Act of
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- on the record before us, we conclude that our investigation raises no substantial or material questions of fact as to whether Brevard possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended,3 and the authority delegated by sections 0.111 and 0.311 of the Commission's rules,4 the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the complaints against Brevard dated September 10 and December 12, 2003, ARE DISMISSED. 6. IT IS FURTHER ORDERED that the investigation by the Enforcement Bureau IS TERMINATED. 7. IT IS FURTHER ORDERED that copies of this Order shall be sent by regular
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- Act of 1934, as amended,5 and Parts 2 and 15 of the Rules.6 PFI then filed a Motion to Withdraw the pending Application for Review.7 2. In this Order, we grant PFI's Motion to Withdraw and dismiss its Application for Review. In addition, we vacate our October 18, 2004 confidentiality ruling. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 0.111 and 0.311 of the Rules,8 PFI's Motion to Withdraw IS GRANTED and its Application for Review IS DISMISSED. 4. IT IS FURTHER ORDERED that the confidentiality ruling issued on October 18, 2004, Perfect Fit Industries, Inc., 19 FCC Rcd 19889 (Enf. Bur., Spectrum Enf. Div., 2004), IS VACATED. 5. IT IS FURTHER ORDERED that a copy of this Order shall
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- or policy is expected, and does not nullify or mitigate any prior forfeitures or violations.''14 However, consistent with O'hana's claim, we do find that it has a history of overall compliance with the Commission's rules and reduce the forfeiture amount to $6,400. III. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,15 O'hana Radio Partners IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand four hundred dollars ($6,400) for willful and repeated violation of Section 11.35(a) of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- 2004. After reviewing Dead Air's response, and the specific record before us, we conclude that the proposed monetary forfeiture against Dead Air should be cancelled, and Dead Air should be admonished for its violation of Section 17.4(a) of the Rules. 3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended4 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,5 the proposed $3,000 forfeiture issued to Dead Air Broadcasting, Inc. IS CANCELLED. 4. IT IS FURTHER ORDERED that Dead Air Broadcasting, Inc., IS ADMONISHED for failure to register its tower. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail, Return Receipt Requested, to
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- Consumer and Governmental Affairs Bureau Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 5. This Order is issued pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311. FEDERAL COMMUNICATIONS COMMISSION Lisa B. Griffin, Deputy Division Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 C.F.R. 1.718. 2 See Judware v. Verizon, Order, DA 05-6, 2005 WL 22880 (F.C.C.) (January 5, 2005); Judware v. Verizon, Order, DA 04-2837, 2004 WL 1944886 (F.C.C.) (September 1, 2004); Judware v.
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of MCI IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date on which MCI must convert its informal complaints against the Defendants
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that OCI's request for extension IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of the Commission's rules, 47 C.F.R. 1.718, are hereby waived, and the date on which OCI must convert its informal complaints against OCI into
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether WVRM possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended,3 and the authority delegated by sections 0.111 and 0.311 of the Commission's rules,4 the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the complaints against WVRM dated August 14, 2002, and March 15, 2004, ARE DISMISSED. 6. IT IS FURTHER ORDERED that the investigation by the Enforcement Bureau IS TERMINATED. 7. IT IS FURTHER ORDERED that copies of this Order shall be sent by
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- 3. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the investigation. 4. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and the authority delegated by section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the above captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-543A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-543A1.doc 3. http://transition.fcc.gov/eb/Orders/2005/DA-05-543A2.html
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- circumstances presented here, we find that NOE is apparently liable in the amount of $10,000 for violating the telephone broadcast rule on two occasions, $6,000 for the September 12 recording and $4,000 for the September 25 recording. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended,37 and sections 0.111, 0.311 and 1.80 of the Commission's rules,38 NOE, LLC, licensee of Station KNOE-TV, Monroe, Louisiana, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000.00 for apparently willfully and repeatedly violating section 73.1206 of the Commission's rules. 16. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the rules,39 within thirty (30) days of
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CCG possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended,3 and the authority delegated by sections 0.111 and 0.311 of the Commission's rules,4 the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the complaints against CCG dated October 3, 2002 and February 3, 2003,5 ARE DISMISSED. 6. IT IS FURTHER ORDERED that the investigation by the Enforcement Bureau IS TERMINATED. 7. IT IS FURTHER ORDERED that copies of this Order shall be sent by
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- Weaver, Criminal Docket No. 03-337, Information at 4 (M.D.Pa. filed December 8, 2003) (``Weaver Information''); United States v. Weaver, Criminal Docket No. 03-337, Plea Agreement at 1-2 (M.D.Pa. filed December 8, 2003) (``Weaver Plea Agreement''); United States v. Weaver, Judgment (M.D.Pa. filed on March 1, 2005 and entered on March 4, 2005) (``Weaver Judgment''). 2 47 C.F.R. 54.521; 47 C.F.R. 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. 54.521). 3 47 C.F.R. 54.521(a)(4). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-9227, 67- 74 (2003) (``Second Report and Order''). 4 Second Report and Order, 18 FCC
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- adjustment from the base amount is warranted here, particularly in light of Scripps Howard's decision to repeat the offending broadcast after Mr. Olson complained to the station. We therefore propose a forfeiture of $6,000 in this instance. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended,31 and sections 0.111, and 1.80 of the Commission's rules,32 Scripps Howard Broadcasting Company, licensee of Station WEWS-TV, Cleveland, Ohio, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $6,000 for apparently willfully violating section 73.1206 of the Commission's rules. 14. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the rules, within thirty (30) calendar days of
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- and termination of operations. While we cancel the proposed forfeiture, we admonish Mallard for its willful and repeated violation of the cable signal leakage standards as set forth in Sections 76.605(a)(12) and 76.611(a)(1) of the Commission's Rules.20 IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,21 that the proposed forfeiture in the amount of eight thousand dollars ($8,000) issued to Mallard Cablevision in the May 25, 2004 Notice of Apparent Liability for willful and repeated violations of Sections 76.605(a)(12) and 76.611(a)(1) of the Rules IS CANCELLED. 8. IT IS FURTHER ORDERED that Mallard Cablevision IS ADMONISHED for its willful
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- NAL until January 31, 2005.3 The Anchorage Resident Agent granted the extension of time until January 31, 2005.4 Coleman, however, has failed to file a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Chester P. Coleman c/o American Radio Brokers, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $24,000 for willfully and repeatedly violating Sections 73.1125(a) and (e), 73.1740(a)(1) and 73.1745(b) of the Rules. 5 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
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- we will require, pursuant to Section 308(b) of the Act,5 ARB, Inc. to report to the Enforcement Bureau, within thirty (30) days of the release of this Order, whether it has achieved compliance with Section 17.51(a) of the Rules. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, American Radio Brokers, Inc., d/b/a/ Radio Station KFFR 1020, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $13,000 for willfully and repeatedly violating Section 303(q) of the Act, and Sections 17.48(a) and 17.51(a) of the Rules. 6 5. IT IS ALSO ORDERED that, pursuant to Section 308(b) of the Act, American
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- the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Joint Motion IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 11 Formal Complaint, File No. EB-03-MD-017 (filed Oct. 23, 2003) (``Complaint''). 2 47 U.S.C. 208. 3
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- resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Consent Motion of MCI, Inc. IS GRANTED. IT IS FURTHER ORDERED that, unless otherwise extended by order, the deadlines that would otherwise apply under section 1.718 of our rules, 47 C.F.R. 1.718, are hereby waived, and the date on which MCI must convert its informal complaints against the
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- All other rules relating to formal complaints apply in their entirety, including sections 1.725- 1.736 of the Commission's rules.31 IV. ORDERING CLAUSES 25. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 154(i), 154(j), 208, section 1.3 of the Commission's rules, 47 C.F.R. 1.3, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that on or before April 22, 2005, informal complainants submit notice of intent to proceed as specified above. Any informal complainant that does not provide such notice waives its right to convert its informal complaint into a formal complaint for damages. 26. IT IS FURTHER ORDERED, pursuant to sections
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- M.B. Communications continues to operate station WYLF in excess of the station's authorized power. Accordingly, we direct M.B. Communications to report to Regional Counsel for the Northeast Region within thirty (30) days, whether station WYLF is operating consistent with the station's authorization. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules15, M.B. Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand dollars ($11,000) for repeated violations of 73.1560(a)(1), 73.1745(a), and 73.49 of the Rules. M.B. Communications made a ``good faith'' payment on August 31, 2004, and thus the balance due is nine thousand dollars ($9,000). 14. IT IS FURTHER ORDERED
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- Consumer and Governmental Affairs Bureau Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 5. This Order is issued pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3 and 1.718 of the Commission's rules, 47 C.F.R. 1.3, 1.718, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311. FEDERAL COMMUNICATIONS COMMISSION Lisa B. Griffin, Deputy Division Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 C.F.R. 1.718. 2 See Judware v. Verizon, Order, DA 04-3467, 2004 WL 2434283 (F.C.C.) (November 1, 2004); Judware v. Verizon, Order, DA 04-2837, 2004 WL 1944886 (F.C.C.) (September 1, 2004); Judware v.
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- revise its station identification announcements in order to comply with section 73.1201. As the Commission has held previously, however, a licensee's post-investigation remedial efforts are irrelevant to our consideration of the appropriate penalty in a forfeiture proceeding.11 IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80 of the Commission's Rules,12 Leighton Enterprises, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for willfully and repeatedly broadcasting station identification announcements in violation of section 73.1201 of the Commission's rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's rules,13 within thirty days of
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- the Commission's underwriting rules. We will not hesitate to take even stronger enforcement action against noncommercial educational licensees that engage in similarly serious violations of our underwriting requirements. IV. ORDERING CLAUSES 12. In view of the foregoing, we conclude that a monetary sanction is appropriate. Accordingly, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80 of the Commission's rules, Caguas Educational TV, Inc., licensee of noncommercial educational Station WLAZ(FM), Kissimmee, Florida, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000 for willfully and repeatedly broadcasting advertisements in violation of section 399B of the Act, 47 U.S.C. 399b, and section 73.503 of the Commission's rules, 47 C.F.R.
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- review of the financial documentation provided, we conclude that payment of the proposed forfeiture would impose financial hardship on Mr. Goodman. In view of Mr. Goodman's extreme financial distress, cancellation of the $10,000 forfeiture assessment is warranted.6 IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80(f)(4) of the Rules,7 the forfeiture in the amount of ten thousand dollars ($10,000) proposed in the September 14, 2004, Notice of Apparent Liability for Forfeiture issued to Milton Goodman IS CANCELLED. 6. IT IS FURTHER ORDERED that a copy of this Memorandum Opinion and Order shall be sent by First Class and Certified Mail Return Receipt Requested
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- Field Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $8,000 to Cibao Express. Cibao Express has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Cibao Express - Car & Limo Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating 47 C.F.R. S 1.903(a). 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release
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- us, we conclude that WTMR willfully and repeatedly violated Section 73.1745(a) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $4,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, WTMR License Limited Partnership IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willful and repeated violated of Section 73.1745(a) of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the
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- the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau 47 U.S.C. S 254. 47 C.F.R. SS 1.1157, 52.17, 54.706, 54.711, 64.604, 64.1195. 47 U.S.C. S 154(i). 47 C.F.R. SS 0.111, 0.311. Federal Communications Commission
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- for Forfeiture ("NAL") in the amount of $13,000 to El Dorado. Despite repeated contacts by the Los Angeles Office, El Dorado has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, El Dorado 900, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $13,000 for willfully and repeatedly violating of Section 303(q) of the Act, and Sections 17.23, 17.47, 17.48, and 17.57 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- to $4,000 is warranted because Gilmore made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action and because of Gilmore's history of overall compliance. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Gilmore IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand ($4,000) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days
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- public interest by promoting the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Act, 47 U.S.C. 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111, 0.311, and 1.720-1.736 of the Commission's rules, 47 C.F.R. 0.111, 0.311, and 1.720-1.736, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division _________________________ 1 Letter to Lisa B. Griffin and Anthony J. DeLaurentis, FCC, from Frank G. Lamancusa, counsel for GCI, and James F. Bendernagel,
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- regular mail by the United States Postal Service, and by hand by the Idaho County Sheriff's Department. Despite these contacts, Scrugham has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, William W. Scrugham, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- of section 227 of the Act and the Commission's rules and orders by delivering at least two unsolicited, prerecorded advertising messages to two consumers. 13. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S 503(b), section 1.80 of the Commission's rules, 47 C.F.R. S 1.80, and authority delegated by sections 0.111 and 0.311 of the Rules, 47 C.F.R. SS 0.111, 0.311, that Septic Safety, Inc., and all of its affiliated companies, including Environmental Safety International, Inc., Environmental Products International, Environmental Products, EPI, EPIU, DJC Holding Company, SAACA Industries, Inc., EPI, Inc., and ESI Products, SHALL FORFEIT to the United States Government the sum of $9,000 for willfully and repeatedly violating the
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- that AGF has a history of compliance and that it voluntarily disclosed the violations to Commission staff. Accordingly, on the basis of AGF's history of compliance and voluntary disclosure, we are downwardly adjusting the proposed forfeiture from $29,000 to $20,000. IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, American General Finance, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for its apparent willful and repeated violations of Section 301 of the Act, and Sections 25.102(a) and 25.117(a) of the Rules. 6. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
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- the forfeiture. 12. In sum, Section 1.80(b)(4) of the Rules sets a base forfeiture amount of $3,000 for failing to file a required form. In the instant case, we do not believe a reduction or cancellation of the proposed forfeiture is warranted. IV. ordering Clauses 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Power Radio Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000.00) for a violation of Section 73.875(c) of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- we conclude that Major willfully and repeatedly violated Section 301 of the Act. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, William Stephen Major IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- by failing to ensure the operational readiness of the EAS equipment at KCEC-FM. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $8,000 forfeiture is warranted. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Farmworkers Educational Radio Network, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for repeatedly violating Section 11.35 of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- repeatedly violated Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $7,000 forfeiture is warranted. IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, TravelCenters of America IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- Accordingly, we require, pursuant to Section 403 of the Act,26 that Ramsey submit a report within 30 days of the date of this NAL describing the steps it has taken to come into compliance with the Act and the Rules. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act27 and Sections 0.111, 0.311 and 1.80 of the Rules,28 Ramsey Electronics, Inc., IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803(a) and 2.815(b) of the Rules. 15. IT IS FURTHER ORDERED that, pursuant to Section 403 of the Act, Ramsey Electronics,
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- incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by approving the Consent Decree and terminating the investigation. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's Rules, the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the forfeiture proceeding against Gene A. Fricke IS TERMINATED. 6. IT IS FURTHER ORDERED that copies of this Order shall be sent by regular first class mail and certified mail - return receipt requested, to Gene A. Fricke at his address of
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- possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that AMAC shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center
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- requested relief remaining for us to grant. Accordingly, we dismiss the Complaint as moot. IV. Ordering Clause 16. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. SS 254(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. SS 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. SS 0.111 and 0.311, that the Defendant's Motion to Dismiss IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE as moot, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris A. Monteith Chief, Enforcement Bureau Complaint, File No. EB-05-MD-002 (filed Feb. 1, 2005) ("Complaint"). 47 U.S.C. S 208. 47 U.S.C. SS
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- or highly profitable entities, such as AboCom, could expect forfeitures higher than those reflected in the base amounts. Accordingly, applying the Forfeiture Policy Statement and statutory factors to the instant case, we conclude that AboCom is apparently liable for a $25,000 forfeiture. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, AboCom Systems, Inc., IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 13. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of
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- Field Office (``Boston Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Simon.2 Simon has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Sylvane Simon IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If
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- forfeiture is appropriate in this case. Specifically, we conclude that the violation occurred due to inadequate planning and control, and not due to a deliberate attempt to deceive or to favor a particular contestant or class of contestants. V. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Commission's rules, that NM Licensing, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for willfully and repeatedly violating section 73.1216 of the Commission's rules. 12. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty (30) days of the release of this Notice,
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- Although we conclude that the unique circumstances in this case justify rescission of the $3,000 forfeiture imposed on AFA, we remind the licensee that, in the future, its responses to Commission inquiries should be complete and timely filed unless it has actively sought and received express Commission consent to do otherwise. 3. ACCORDINGLY, IT IS ORDERED, that pursuant to sections 0.111 and 0.311 and 1.113 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311 and 1.113, the $3,000 forfeiture imposed in the Order on Reconsideration, released on June 23, 2006, IS HEREBY CANCELED. 4. IT IS FURTHER ORDERED, that a copy of this Order shall be sent by certified mail, return receipt requested, to Patrick J. Vaughn, General Counsel, American Family
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- conjunction with the Forfeiture Policy Statement. We find no basis for cancellation of the forfeiture, but do find that reduction of the forfeiture amount from $4,000 to $3,200 based on New Life's history of compliance is appropriate. IV. ORDERING CLAUSES 16. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, New Life Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for violation of Section 73.3526 of the Rules. 17. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that AWID shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center
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- a downward adjustment of the proposed aggregate forfeiture from $6,500 to $5,200 is warranted because Lazer made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Lazer IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of five thousand, two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within
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- hearing. Consequently, we hereby designate the matter for hearing before a Commission administrative law judge to provide Mr. Landis with an opportunity to demonstrate why his license should not be revoked. IV. ORDERING CLAUSES 6. ACCORDINGLY, IT IS ORDERED that, pursuant to sections 312(a) and (c) of the Communications Act of 1934, as amended, and authority delegated pursuant to sections 0.111, 0.311, and 1.91(a), of the Commission's rules, Robert D. Landis is hereby ORDERED TO SHOW CAUSE why his authorization for Amateur Radio Advanced Class License N6FRV SHOULD NOT BE REVOKED. Robert D. Landis shall appear before an administrative law judge at a time and place to be specified in a subsequent order and provide evidence upon the following issues: (a)
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- M.B. Communications did not claim an inability to pay in response to the NAL. 47 U.S.C. S 503(b). 47 C.F.R. S 1.80. 12 FCC Rcd. 17087 (1997), recon. denied, 15 FCC Rcd. 303 (1999). 47 U.S.C. S 503(b)(2)(D). PJB Communications of Virginia, Inc., 7 FCC Rcd 2088, 2089 (1992). 47 U.S.C. S 405. 47 C.F.R. S 1.106. 47 C.F.R. SS 0.111, 0.311, and 1.80(f)(4). M.B. Communications made a "good faith" payment of $2,000 on August 31, 2004, and thus the total amount due will be $9,000. 47 U.S.C. S 504(a). See 47 C.F.R. S 1.1914. (...continued from previous page) (continued....) Federal Communications Commission DA 06-1604 2 Federal Communications Commission DA 06-1604 References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1604A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1604A1.doc
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- the agent advised him of the statutory requirement for him to do so and in response to two official requests by a Commission representative. We find no basis for cancellation or reduction of the proposed $17,000 forfeiture. IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Matthew H. Britcher IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willful and repeated violation of Sections 301 and 303(n) of the Act. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- 18 and April 19, 2006, by operating radio transmitting equipment at 2550 Middle Road, Bettendorf, Iowa, on 103.3 MHz without the required Commission authorization. We find no basis for cancellation or reduction of the proposed $10,000 forfeiture. IV. ORDERING CLAUSES 16. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jason L. Duncan IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willful and repeated violation of Section 301 of the Act. 17. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the NAL. 4. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by section 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned NAL is terminated. FEDERAL COMMUNICATIONS COMMISSION __________________________ Kris A. Monteith Chief, Enforcement Bureau Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) ) ) In the Matter of ) File No. EB-06-TC-058 Alltel Corporation ) NAL/Acct. No. 2000632170002 Notice
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- to pay, and the seriousness of this violation as described above, we find that the base amount is appropriate in this instance. Under these circumstances, we believe that a forfeiture in the amount of $11,000 is warranted. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Intelsat North America LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand dollars ($11,000) for willfully violating Section 1.17 of the Commission's rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within 30 days of the release date
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- ("Rules"). 2. On June 5, 2006, the Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $4,000 to Gilmore. Gilmore has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Gilmore Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- we conclude that Kojo willfully and repeatedly violated Section 301 of the Act. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Kojo Worldwide Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- it has amended its authorization to accurately reflect the location of the transmitter. If Anderson fails to comply with this directive, we may begin forfeiture proceedings against Anderson for failing to comply with a Commission order. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Anderson Desk Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 16. IT IS FURTHER ORDERED that Anderson Desk Company SHALL FILE, within ten (10) days of the release of this Notice, a report with the District Director, San Diego
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- conclude that More Enterprises willfully and repeatedly violated Section 301 of the Act. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, More Enterprises Communications Network, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- we conclude that Uniradio willfully and repeatedly violated Section 301 of the Act. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Uniradio Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- Reconsideration and it is dismissed as untimely. IV. ORDERING CLAUSES 4. Accordingly, IT IS ORDERED that, pursuant to Section 405(a) of the Act and Section 1.106(f) of the Rules, the Petition for Reconsideration filed by Paladen Communications, Inc., a/k/a CB Shop, IS DISMISSED as untimely. 5. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Paladen Communications, Inc., a/k/a CB Shop, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.815(b) and 2.815(c) of the Rules. 6. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- we conclude that Krieger willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $4,000 forfeiture is warranted. IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Norman Krieger, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- we conclude that Lamkin willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $4,000 forfeiture is warranted. IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Lamkin Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- inability to pay does not provide adequate financial documentation. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.106(j) of the Rules, the Petition for Reconsideration filed by Gibson Tech Ed, Inc. d/b/a/ Hobbytron.com, IS DENIED. 9. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Gibson Tech Ed, Inc., d/b/a Hobbytron.com, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $14,000 for willful and repeated violation of Section 302(b) of the Act and Section 2.803(a) of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- and repeatedly violated Sections 1.903(a) and 90.425(a) of the Rules. We find no basis for cancellation of the forfeiture, but do find that reduction of the forfeiture amount from $5,000 to $4,000 based on Brasfield & Gorrie's history of compliance is appropriate. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Brasfield & Gorrie, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for violation of Sections 1.903(a) and 90.425(a) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- 1.106 of the Rules, that the Petition for Extension of Time to file an Application for Review and the Petition for Acceptance of Petition for Reconsideration, filed by Lotus Communications Corporation, ARE DENIED, and the Petition for Reconsideration filed by Lotus Communications Corporation IS DISMISSED. 12. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's Rules, Lotus Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violating Section 303(q) of the Act, and Sections 17.21(a), 17.47, 17.48 and 17.49 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- contacted the Division's staff stating that Gilmore had paid the forfeiture. Counsel submitted a copy of a $4,000 check sent to the Commission date-stamped June 23, 2006. The payment included the NAL/Acct. No. and FRN No. referenced above. We conclude that Gilmore has presented valid proof of payment of the forfeiture. 2. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311 and 1.113 of the Rules, the Forfeiture Order issued to Gilmore Broadcasting Corporation on August 21, 2006 IS RESCINDED. 3. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail return receipt requested to counsel for Gilmore Broadcasting Corporation, Martha E. Heller, Esq., Wiley Rein & Fielding LLP, 1776
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- the Rules, and willfully violated Section 73.3526(a) of the Rules. We find no basis for cancellation of the proposed forfeiture but do find that reduction of the forfeiture amount from $21,000 to $16,800 based on 127, Inc.'s history of compliance is appropriate. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, 127, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $16,800 for willful and repeated violation of Sections 73.1125(a) and 73.1745 of the Rules and willful violation of Section 73.3526(a) of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
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- regard. ^, IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, Jason Konarz's petition for reconsideration of the October 8, 2004 Forfeiture Order IS hereby DENIED. 8. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jason Konarz IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful and repeated violation of Sections 11.35(a), 73.1745(a), and 73.3526(c) of the Rules. For collection, the Commission will file a proof of claim at the appropriate time in Jason Konarz's bankruptcy action. 9. IT IS FURTHER
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- ordered the assets of Pacnet be turned over to Kremen. Despite repeated contacts by the San Diego Office, neither Pacnet, nor Kremen, has filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Pacnet Incorporated, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act by operating a microwave radio station without authorization. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- ordered the assets of Pacnet be turned over to Kremen. Despite repeated contacts by the San Diego Office, neither Pacnet, nor Kremen, has filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Pacnet Incorporated, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act by operating a microwave radio station without authorization. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation or reduction of the $8,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, West Coast Broadcasting IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully and repeatedly violating Section 73.1350(a) of the Rules and willfully violating Section 73.1560(b) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
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- in conjunction with the Forfeiture Policy Statement. We find no basis for cancellation of the forfeiture, but do find that reduction of the forfeiture amount from $11,000 to $8,800 based on Hacienda's history of compliance is appropriate. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Hacienda San Eladio, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,800 for violation of Sections 73.1350(a) and 73.3526 of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- repeatedly violated Section 302(b) of the Act, and Section 2.803(a)(2) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $7,000 forfeiture is warranted. IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Clegg Industries, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for repeatedly violating Section 302(b) of the Act, and Section 2.803(a)(2) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- by failing to ensure the operational readiness of the EAS equipment at KBSZ(AM). Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $8,000 forfeiture is warranted. IV. ORDERING CLAUSES 16. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Richard A. & Joann R. Peterson ARE LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for repeatedly violating Section 11.35 of the Rules. 17. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- the factors listed above, we find that reduction of the proposed forfeiture is warranted, given Craig's demonstrated inability to pay. Accordingly, the forfeiture amount is reduced from ten thousand dollars ($10,000) to five hundred dollars ($500). IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Joni K. Craig IS LIABLE FOR A MONETARY FORFEITURE in the amount of $500 for willfully and repeatedly violating Section 301 of the Act. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation or reduction of the $25,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Loves Travel Stops and Country Stores, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 302(b) of the Act and 2.803(a) of the Rules. 18. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- review, we conclude that Renda willfully and repeatedly violated Section 17.4(a) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $3,000 forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Renda Broadcasting Corporation of Nevada IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for willful and repeated violation of Section 17.4(a) of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of
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- Moises Cabrera and Juan Cabrera willfully and repeatedly violated Section 301 of the Act. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, that Moises Cabrera and Juan Cabrera are JOINTLY LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Act. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30)
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- come into compliance with the Rules is expected, and does not nullify or mitigate any prior forfeitures or violations. In light of Trap Rock's history of compliance, however, we reduce the forfeiture amount from $10,000 to $8,000. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Trap Rock Industries, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 17.50 of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the
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- review, we conclude that WSMN willfully and repeatedly violated Section 73.49 of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $7,000 forfeiture is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, WSMN Broadcasting, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 73.49 of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release
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- New York Field Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Deroux. Deroux has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,Shawn Deroux IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the
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- TC's response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that no reduction of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Tidewater Communications LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully violating Section 17.51(a) of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- precedent.12 29. IV. ORDERING CLAUSES 30. 12. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act13 and Section 1.106 of the Rules, Mr. Saunders' petition for reconsideration is GRANTED TO THE EXTENT DISCUSSED ABOVE and DENIED IN ALL OTHER RESPECTS. 31. 32. 13. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,14 Mr. Saunders IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for willful violation of Section 17.51 of the Rules. 33. 34. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Fox possess the basic qualifications, including character qualifications, to remain a Commission licensee. 4. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned investigation into the matters described herein is terminated. 6. IT IS FURTHER ORDERED that copies of this order shall be sent by regular first class mail and certified mail - return receipt requested to Molly Pauker, Vice President Corporate
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- III. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 405 of the Act21 and Section 1.106 of the Rules,22 the October 29, 2004 Petition for Reconsideration filed by Cumulus Licensing Corporation of the Enforcement Bureau's December 28, 2004 Forfeiture Order IS DENIED. 14. IT IS ALSO ORDERED THAT, pursuant to Section 503(b)(2)(D) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,23 Cumulus Licensing Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 17.50 of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- that 1 Home Lending Corporation d.b.a. Capital Line Financial, LLC is apparently liable for a forfeiture in the amount of $18,000. 12. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S 503(b), and section 1.80 of the Commission's rules, 47 C.F.R. S 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311, that 1 Home Lending Corporation d.b.a. Capital Line Financial, LLC is hereby NOTIFIED of an APPARENT LIABILITY FOR FORFEITURE in the amount of $18,000 for willful or repeated violations of section 227(b)(1)(B) of the Act, 47 U.S.C. S 227(b)(1)(B), section 64.1200(a)(2) of the Commission's rules, 47 C.F.R. S 64.1200(a)(2),
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- incorporated by reference. 3. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We find that the public interest would be served by adopting the Consent Decree and terminating the above-captioned investigation. 4. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Act, 47 U.S.C. S 154(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311, that the attached Consent Decree is ADOPTED. 5. it is furthered ordered that the above-captioned proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris A. Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) Long Distance Consolidated ) File No. EB-04-TC-147 Billing
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- and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Mr. Gentile willfully violated Section 301 of the Act. We find no basis for cancellation or reduction of the $10,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,10 Louis Gentile IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Act. 10. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the
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- attached hereto and incorporated herein by reference. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the above-captioned investigation concerning Broadband. 3. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's Rules, the attached Consent Decree IS ADOPTED. 4. IT IS FURTHER ORDERED that the above-captioned investigation into the matters described herein IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION George R. Dillon Assistant Chief, Enforcement Bureau CONSENT DECREE 1. The Enforcement Bureau of the Federal Communications Commission and New Jersey Broadband, LP, together with New Jersey Broadband, LLC,
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- that Alltel has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Alltel apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,15 Section 1.80(f)(4) of the Commission's rules,16 and authority delegated by Sections 0.111 and 0.311 of the Commission's rules,17 Alltel IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's Rules, within
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- and other licensees from similar misconduct. Although the nature of E-DA-HOE's apparent violations might justify a higher proposed forfeiture, however, we decline to do so in light of the licensee's overall history of compliance with FCC rules. IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's Rules, E-DA-HOE, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for willfully violating Section 73.1201 of the Commission's rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within 30 days of the release date of this Notice of Apparent Liability
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- that AT&T has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find AT&T apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,15 Section 1.80(f)(4) of the Commission's rules,16 and authority delegated by Sections 0.111 and 0.311 of the Commission's rules,17 AT&T IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's Rules, within
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- forth in Paragraph 7 above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that cancellation of the forfeiture is not warranted but that the forfeiture amount should be reduced from $14,000 to $11,200. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Vitec Group Communications, Ltd.., IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand two hundred dollars ($11,200) for willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 14. Payment of the forfeiture must be made by check or similar instrument, payable to the order
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- A Radio willfully violated Sections 73.49 and 73.3526 of the Rules and willfully and repeatedly violated Section 73.1350(a) of the Rules. We find no basis for cancellation or reduction of the $15,000 forfeiture proposed for these violations. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, A Radio Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $15,000 for violation of Sections 73.49, 73.1350(a) and 73.3526 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- Accordingly, IT IS ORDERED that, pursuant to the authority contained in Section 1.108 of the Commission's rules, 47 C.F.R. S 1.108, we hereby reconsider and amend, on our own motion, the October 13, 2006, Forfeiture Order, as explained herein. 4. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's Rules, Shawn Deroux IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully and repeatedly violating Sections 301 and 303(n) of the Act. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this
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- Rules. 2. On July 17, 2006, the Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $25,000 to AboCom. AboCom has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, AboCom Systems, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- ("San Juan Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Mr. Colon. Mr. Colon has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Carlos M. Colon IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- ("Kansas City Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Mr. Guzman. Mr. Guzman has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Raul Guzman Reyes IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- of the Rules. CSN, however, is incorrect that it was not required to maintain any issues/programs lists in its public file. Accordingly, we admonish CSN for failing to maintain and make available a complete public inspection file. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, the forfeiture in the amount of four thousand dollars ($4,000) for violation of Section 73.3527 of the Rules proposed in the October 4, 2006 Notice of Apparent Liability issued to CSN International IS CANCELED. 8. IT IS FURTHER ORDERED that CSN International IS ADMONISHED for failure to make available a complete public inspection
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- reduction in the total forfeiture amount is appropriate. Applying the factors set forth in Section 1.80 and Section 503(b)(2)(D) of the Act to the instant case, we conclude that Spectracom is apparently liable for a $12,000 forfeiture. IV. ORDERING CLAUSES 7. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's Rules, Spectracom, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $12,000 for willfully violating Section 1.948 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within 30 days of the release date of this Notice of Apparent Liability for
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- for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. SS 154(i), 154(j), and 224, sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. SS 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. SS 0.111 and 0.311, that the Joint Stipulation IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary H. McEnery Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. S 224. See also 47 C.F.R. SS 1.1401-1.1418. Formal Complaint, File No. EB-06-MD-006
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Diebel or R&M possess the basic qualifications, including character qualifications, to remain a Commission licensee. 4. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned investigation into the matters described herein is terminated. 6. IT IS FURTHER ORDERED that copies of this order shall be sent by regular first class mail and certified mail - return receipt requested to Scott Cinnamon, Esq., counsel for
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- of the proposed aggregate forfeiture from $6,500 to $5,200 is warranted because Hare Planting made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Hare Planting IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
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- possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that Boston Scientific CRM shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center
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- of ) DAVID EDWARD COX ) EB Docket No. 05-232 Amateur Radio Operator and Licensee of ) File No. EB-04-IH-0384 Amateur Radio Station W5OER ) ) ORDER OF REVOCATION Adopted: December 4, 2006 Released: December 4, 2006 By the Chief, Enforcement Bureau: I. introduction 1. By this Order of Revocation, pursuant to authority delegated to the Enforcement Bureau under Section 0.111(a)(16) of the Commission's rules, we revoke the above-captioned amateur license held by David Edward Cox. We conclude, based on the evidence of his conviction for felony burglary and firearms-related offenses, that Mr. Cox lacks the basic requisite character qualifications to be and remain a Commission licensee. II. background 2. On September 29, 2005, the Commission, by the Chief, Enforcement Bureau,
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- resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. SS 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111, 0.311, and 1.720-1.736 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311, and 1.720-1.736, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Western Payphone Systems Formal Complaint for Payphone Compensation, File No. EB-06-MD-009 (filed Sept. 21, 2006) ("Complaint"). Motion to Dismiss, File
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- Bureau ("Tampa Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Mr. Venters. Mr. Venters has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Adam Troy Venters IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- Enforcement Bureau ("New Orleans Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $13,000 to Patrick. Patrick has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jamie Patrick Broadcasting, Ltd. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $13,000 for violation of Sections 17.4(a), 17.50, and 17.51 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- for sale non-certified Citizens Band ("CB") transceivers and external radio frequency ("RF") power amplifiers. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $21,000 forfeiture is warranted. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Wesley Noe, d.b.a. GI Joe's Radio Electronics and GI Joe's CB Radio, IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for willful and repeated violation of Section 302(b) of the Act and Sections 2.803(a)(1), 2.815(b), and 2.815(c) of the Rules. 7. Payment of the forfeiture shall be made
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- that Parks willfully and repeatedly violated Sections 17.4(a), 73.3526(e)(4), and 73.3526(e)(12) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $5,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Gerald Parks IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for willful and repeated violated of Section 73.1745(a) of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of
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- IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, Tidewater Communications LLC's petition for reconsideration of the October 20, 2006 Forfeiture Order IS hereby GRANTED IN PART AND DENIED IN PART. 11. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Tidewater Communications LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 17.51(a) of the Rules. 12. Payment of the $8,000 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- Act and Sections 2.803(a)(1) of the Rules by offering for sale non-certified CB transceivers. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $7,000 forfeiture is warranted. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Gambler's CB & Ham Radio Sales & Service IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section
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- Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Conrad. Despite repeated contacts by the San Diego Office, Conrad has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Alan M. Conrad, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- the Act, and Sections 17.23, 17.47, 17.48, 17.49, and 17.57 of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $13,000 forfeiture is warranted. IV. ORDERING CLAUSES 24. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Communications Relay Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $13,000 for willfully and repeatedly violating Section 303(q) of the Act Sections 17.23, 17.47, 17.48, 17.49, and 17.57 of the Rules. 25. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- the proposed forfeiture is warranted, given the circumstances surrounding ESP's unauthorized operation and its compliance record with the Commission's Rules. Accordingly, the forfeiture amount is reduced from ten thousand dollars ($10,000) to six thousand dollars ($6,000). IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, ESP Leasing Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,000 for willfully and repeatedly violating Section 301 of the Act. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- No. 200432340004 (Enf. Bur., Columbia Office, released March 4, 2004; upheld by Community Broadcasting, supra (reduced for other reasons). 18 See Capstar, supra; Capstar TX Limited Partnership c/o/ Doran Bunkin, Esq., 18 FCC Rcd 20199 (2003) ($4,000 forfeiture assessed because station's public inspection file lacked an adequate issues/programs list). 19 47 U.S.C. 405. 20 47 C.F.R. 1.106. 21 47 C.F.R. 0.111, 0.311, and 1.80(f)(4). 22 47 U.S.C. 504(a). 23 See 47 C.F.R. 1.1914. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-323A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-323A1.doc
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 0.111, 0.311, and 1.1401- 1.1418, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division _________________________ 1 Joint Motion to Dismiss with Prejudice, File No. EB-05-MD-008 (filed Dec. 21, 2005) (``Motion''). 2 Complaint, File No. EB-05-MD-008 (filed
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 0.111, 0.311, and 1.1401- 1.1418, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division _________________________ 1 Joint Motion to Dismiss with Prejudice, File No. EB-04-MD-009 (filed Dec. 21, 2005) (``Motion''). 2 Complaint, File No. EB-04-MD-009 (filed
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- of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NBC possess the basic qualifications, including character qualifications, to remain a Commission licensee. 4. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended,3 and the authority delegated by sections 0.111 and 0.311 of the Commission's rules,4 that the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned investigation into the matters described herein is terminated. 6. IT IS FURTHER ORDERED that copies of this order shall be sent by regular first class mail and certified mail - return receipt requested, to F. William LeBeau, Assistant Secretary
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 0.111, 0.311, and 1.1401- 1.1418, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division _________________________ 1 Joint Motion to Dismiss with Prejudice, File No. EB-04-MD-004 (filed Dec. 21, 2005) (``Motion''). 2 Complaint, File No. EB-04-MD-004 (filed
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- Field Office (``Boston Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Marius.2 Marius has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Jean Harold Marius IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order.
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- for Forfeiture (?NAL?) in the amount of $10,000 to Pacific Spanish.2 Despite repeated contacts by the San Diego Office, Pacific Spanish has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (?Act?),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Pacific Spanish Network, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly operating a microwave radio station in Chula Vista, California, without a license, in violation of Section 301 of the Act.5 4.Payment of the forfeiture shall be made in the manner provided for in Section
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- Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to ICB.2 Despite repeated contacts by the San Diego Office, ICB has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 International Customs Brokers, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly operating station WNTT908, in San Diego, California, on an unauthorized channel, in violation of Section 1.903(a) of the Rules.5 4. Payment of the forfeiture shall be made in the manner provided for in Section
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- of these counts. United States v. Premio, Inc., Criminal Docket No. 3:06-CR-06-0086 MMC, Plea Agreement (N.D.Cal. filed Feb. 22, 2006) (``Premio Plea Agreement''). The Order accepting this plea agreement was signed by the Court on February 22, 2006 and entered on February 23, 2006, and the Plea Agreement was entered on February 24, 2006. 2 47 C.F.R. 54.521; 47 C.F.R. 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. 54.521). 3 47 C.F.R. 54.521(a)(4). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-9227, 67-74 (2003) (``Second Report and Order''). 4 Second Report and Order, 18 FCC Rcd
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- of participation, as appropriate. Pursuant to section 1.47(c) of the Commission's rules, the Bureau shall be served with documents in the same manner as other parties. VI. ORDERING CLAUSES 23. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. SS 151, 154(i), 154(j), and 224, and sections 0.111, 0.311, 1.1411, and 1.1415 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311, and 1.1411, and 1.1415, that the above-captioned complaint proceeding IS DESIGNATED FOR A HEARING before an ALJ, at a time and place to be specified in a subsequent Order, upon the issues specified in paragraph 18 of this Order; 24. IT IS ORDERED, pursuant to section 224
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- Division, issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $4,000 to Shenzhen Ruidian Communication. Shenzhen Ruidian Communication has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Shenzhen Ruidian Communication Co. Ltd. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly failing to respond to a directive of the Enforcement Bureau to provide certain information and documents. 4. Payment of the forfeiture shall be made in the manner provided for in Section
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- state commissions have concurrent jurisdiction over the issues in dispute in this proceeding, and our order of dismissal should not be construed as agreeing or disagreeing with Momentum's assertion. 5. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Act, 47 U.S.C. SS 151, 154(i), 154(j), 208 and 271, and the authority delegated in sections 0.111, 0.311, and 1.720-1.736 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311, and 1.720-1.736, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Motion to Withdraw, File No. EB-05-MD-029 (filed Mar. 2, 2006) ("Motion"). Formal Complaint, File No. EB-05-MD-029 (filed Nov. 21, 2005) ("Complaint"). 47
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- that Jose A. Mollinedo willfully and repeated violated Section 301 of the Act. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jose A. Mollinedo IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act.11 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- of Section 227 of the Act and the Commission's related rules and orders as set forth in the NAL. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S 503(b), and Section 1.80 of the Commission's rules, 47 C.F.R. S 1.80, and authority delegated by Sections 0.111 and 0.311 of the Rules, 47 C.F.R. SS 0.111, 0.311, that Elf Painting and Wallpapering SHALL FORFEIT to the United States government the sum of $22,500 for willfully and repeatedly violating the Commission's rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's rules within 30 days of the release
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- that OleumTech made a good faith effort to bring the transmitter into compliance with the Rules by submitting its device for certification testing prior to receiving the Spectrum Enforcement Division's LOI. Accordingly, we reduce the proposed forfeiture amount from $7,000 to $5,600. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, OleumTech Corporation, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand six hundred dollars ($5,600) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty
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- On September 1, 2005, the Enforcement Bureau, Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $14,000 to Gibson. Gibson has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Gibson Tech Ed, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Joint Motion IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary H. McEnery Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 11 Formal Complaint, File No. EB-05-MD-022 (filed Aug. 22, 2005) (``Complaint''). 2 47 U.S.C. 208.
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- mention of a website. Baxter violated Section 97.113(a)(3) of the Rules because he has a direct pecuniary interest in the products offered for sale on the website about which he provided information on his amateur radio station. IV. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)4) of the Rules, Glenn A. Baxter IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for willfully and repeatedly failing to furnish information requested by the Bureau, willful and repeated violation of Sections 97.101(d)and 97.113(a)(3) of the Rules, and willful violation of Sections 97.105(a) and 97.113(b) of the Rules. 17. IT IS
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- Alpine Broadcasting Limited Partnership willfully and repeated violated Section 73.1125 of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $7,000 forfeiture is warranted. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Alpine Broadcasting Limited Partnership IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 73.1125(a) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Joint Motion IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary H. McEnery Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 11 Formal Complaint, File No. EB-05-MD-020 (filed Aug. 22, 2005) (``Complaint''). 2 47 U.S.C. 208.
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- the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Joint Motion IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary H. McEnery Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 11 Formal Complaint, File No. EB-05-MD-021 (filed Aug. 22, 2005) (``Complaint''). 2 47 U.S.C. 208.
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- the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Joint Motion IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary H. McEnery Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 11 Formal Complaint, File No. EB-05-MD-024 (filed Aug. 22, 2005) (``Complaint''). 2 47 U.S.C. 208.
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- the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Joint Motion IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary H. McEnery Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 11 Formal Complaint, File No. EB-05-MD-023 (filed Aug. 22, 2005) (``Complaint''). 2 47 U.S.C. 208.
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- the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the Joint Motion IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary H. McEnery Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 11 Formal Complaint, File No. EB-05-MD-025 (filed Sept. 2, 2005) (``Complaint''). 2 47 U.S.C. 208.
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- the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 201(b), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. SS 154(i), 154(j), 201(b), 208, and 276, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. SS 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. SS 0.111 and 0.311, that the Joint Motion IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary H. McEnery Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. S 208. Formal Complaint, File No. EB-05-MD-019 (filed Aug. 29, 2005) ("Complaint"). 47
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- the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 201(b), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. SS 154(i), 154(j), 201(b), 208, and 276, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. SS 1.720-1.736, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. SS 0.111 and 0.311, that the Joint Motion IS GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary H. McEnery Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. S 208. Formal Complaint, File No. EB-05-MD-028 (filed Sept. 29, 2005) ("Complaint"). 47
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- forfeiture, we note that NWN did not submit any supporting financial documentation (i.e., federal tax returns, financial statements, or other reliable, objective information reflecting financial status).35 Accordingly, we have no basis by which to evaluate NWN's inability to pay claim. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act36 and Sections 0.111, 0.311 and 1.80 of the Rules,37 NWN IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars ($5,000) for its apparent willful and repeated violations of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,38 within
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- set forth in Paragraph 7, above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that cancellation of the forfeiture is not warranted but the forfeiture amount should be reduced from $22,000 to $17,600. IV. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Hawking Technologies, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of seventeen thousand six hundred dollars ($17,600.00) for willful and repeated violation of Section 302(b) of the Act and Sections 2.803(a) and 15.204(a) of the Rules. 18. Payment of the forfeiture shall be made in the manner provided for in Section 1.80
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- of $4,000 in this instance. Although Clear Channel apparently violated our rules, it took reasonably prompt remedial action prior to learning of our investigation. As such, the base forfeiture amount for this apparent misconduct is most appropriate. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, and 1.80 of the Commission's rules, Clear Channel Broadcasting Licenses, Inc., licensee of Station WAWS(TV), Jacksonville, Florida, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,000 for apparently willfully violating section 73.1216 of the Commission's rules. 15. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the rules, within thirty (30) calendar days
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- that Cbeyond has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Cbeyond apparently liable for $100,000. 13. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Cbeyond IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating section 64.2009 of the Commission's rules and the CPNI Order, by failing to prepare and make available upon request a certificate that complies with 64.2009(e). 14. IT IS FURTHER ORDERED THAT, pursuant to
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- Field Office ("Buffalo Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $8,000 to Corry. Corry has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Corry Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating 47 C.F.R. S 11.35(a). 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If
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- examined GB Enterprises' response to the NAL pursuant to the statutory factors above,11 and in conjunction with the Forfeiture Policy Statement. We find no basis for cancellation or reduction of the $10,500 forfeiture proposed for these violations. IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended,12 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,13 GB Enterprises Communications Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,500 for violation of Sections 73.49 and 73.3526 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- in this letter to "your conviction" refers to NextiraOne's April 20, 2006 guilty plea and conviction of this count. United States v. NextiraOne, LLC, Criminal Docket No. 4:06-cr-40041-LLP, Plea Agreement (D.S.D. April 20, 2006) ("NextiraOne Plea Agreement" or "Plea Agreement"). Sentence was imposed on April 20, 2006 and entered on April 21, 2006. 47 C.F.R. S 54.521; 47 C.F.R. S 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. S 54.521). See NextiraOne, LLC Petition for Waiver of Section 54.521 of the Commission's Rules, Petition for Waiver (filed April 14, 2006) ("Waiver Petition"). See generally, Waiver Petition; Letter from Scott Hammond, Assistant Attorney General, Antitrust Division, Department of Justice, to Marlene
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- ) INC. NAL/Acct. No. 20043208000014 ) Licensee of Station WLZX(FM), Facility ID No. 46963 ) Northampton, Massachusetts FRN No. 0002749406 ) ) ORDER Adopted: May 2, 2006 Released: May 2, 2006 By the Chief, Enforcement Bureau: 1. In this Order, we cancel the Forfeiture Order issued in the above-captioned proceeding to Station WLZX(FM), Northampton, Massachusetts. 2. Accordingly, pursuant to sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311, the Forfeiture Order IS HEREBY CANCELED. 3. IT IS FURTHER ORDERED THAT a copy of this Order shall be sent by certified mail, return receipt requested, to Lawrence D. Goldberg, Vice President, Saga Communications of New England, Inc., 15 Hampton Avenue, Northampton, Massachusetts 01060; and Saga's counsel, Gary S.
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- to $4,000 is warranted because Criswell made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action and because of Criswell's history of overall compliance. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Criswell IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand ($4,000) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days
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- 17, 2006, the Spectrum Enforcement Division of the Enforcement Bureau issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $5,600 to OleumTech. OleumTech has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, OleumTech Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand six hundred dollars ($5,600) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- the Commission to "issue such orders ... as may be necessary in the execution of its functions" and to "conduct its proceedings in such manner as will best conduce to the proper dispatch of business and to the ends of justice." 9. Further, the Commission has specific authority under sections 1 and 409(e) of the Act, as well as section 0.111 of the Commission's rules, to require by subpoena the attendance and testimony of witnesses and the production of "all books, papers, schedules of charges, contracts, agreements, and documents relating to any matter under investigation." Hence, the Bureau was within its authority in requiring LocateCell to provide information and documents relevant to the Commission's CPNI investigation. Moreover, we note that parties
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- warranted under Section 312 of the Act to determine whether CRS and Timothy M. Doty's licenses should be revoked because they lack the requisite character to be or remain Commission licensees. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 312(a) and (c) of the Communications Act of 1934, as amended, and authority delegated pursuant to Sections 0.111, 0.311, and 1.91(a) of the Commission's rules, CRS and Timothy M. Doty are hereby ORDERED TO SHOW CAUSE why their respective captioned authorizations SHOULD NOT BE REVOKED. CRS, by an officer representative, and Mr. Doty shall appear before an administrative law judge at a time and place to be specified in a subsequent order and provide evidence upon the following
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- importing and marketing in the United States, and if not, providing its plans for full compliance. Behringer's failure to submit the affidavit, or failure to comply with the applicable equipment requirements, may subject the company to further appropriate enforcement action. IV. ORDERING CLAUSES 25. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act55 and Sections 0.111, 0.311 and 1.80 of the Rules,56 Behringer USA, Inc., IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of one million dollars ($1,000,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 26. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the
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- September 27, 1999 (FCC Form 323); Letter from Roberto Davila Rodriguez, President, RAAD Broadcasting Corp., to Federal Communications Commission (Sept. 27, 2001)(Certification of No Change in Ownership). See Application for Review at 14. Id. at 13. S. Rep. No. 580, 95^th Cong. 1^st Sess. 3 (1978), reprinted in 1978 U.S.C.C.A.N. 109, 111. See A-O Broadcasting at 762. 47 C.F.R. SS 0.111, 0.311, and 1.80(f)(4). 47 U.S.C. S 504(a). 47 C.F.R. S 1.1914. (...continued from previous page) (continued....) Federal Communications Commission FCC 06-151 6 Federal Communications Commission FCC 06-151 References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-151A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-151A1.doc
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- of inquiry -- warrants a downward adjustment of the proposed aggregate forfeiture amount. It is a well established and long-standing principle that ignorance of the law is not a mitigating factor and does not warrant a downward adjustment of an assessed forfeiture. IV. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, San Jose Navigation, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seventy five thousand dollars ($75,000) for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803(a) and 15.205 of the Rules. 18. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,
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- non-compliance or material new evidence relating to this matter, we conclude that there are no substantial or material questions of fact as to whether Newcomm possesses the basic qualifications to be or remain a Commission licensee. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, the attached Consent Decree IS ADOPTED. 4. IT IS FURTHER ORDERED that, as conditioned in the Consent Decree and above, the referenced investigation IS TERMINATED. 5. IT IS FURTHER ORDERED that, consistent with whatever authorization by the bankruptcy court may be necessary or appropriate, NewComm shall pay (or cause to be paid) the outstanding
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- ability to pay, and such other matters as justice may require." Having considered the record in this case and the statutory factors, we find that the Licensee is apparently liable for a forfeiture in the amount of $4,000. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, that RCK 1 GROUP, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,000 for violating Section 73.1206 of the Commission's rules. 11. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules that within thirty (30) days of the release date of this
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- ensure that its personnel understand and comply with the requirements of Section 76.1700, and we caution Time Warner that we will not hesitate to subject it to sanctions commensurate with further violations of the cable public file rule. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's rules, that Time Warner Cable is hereby ADMONISHED for its failures to timely make available for inspection its public inspection files on September 13 and 16, 2005, in violation of Section 76.1700 of the Commission's rules. 11. IT IS FURTHER ORDERED that the complaint filed by James Shelton IS GRANTED to the extent indicated herein
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- our precedent. To the extent Gaston College wishes to provide evidence of its history of compliance with FCC rules, or its inability to pay the proposed forfeiture, it may do so in its response to this Order. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's Rules, Gaston College is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000 for willfully violating Section 73.3527 of the Commission's rules. 16. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within 30 days of the release date of this Notice of Apparent Liability
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- to hold or obtain any Commission license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the complaint received by, or in the possession of, the Bureau on or around December 22, 2005, alleging violations of the cable public file rule by Bresnan, IS DISMISSED. 7. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 8. IT
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- $7,000 for the marketing of unauthorized equipment. In this case, we note that The Antique Radio Collector marketed one model of an unauthorized intentional radiator. Accordingly, we find that The Antique Radio Collector is apparently liable for a $7,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Richard Mann d/b/a The Antique Radio Collector IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
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- adjustment of the proposed aggregate forfeiture from $6,500 to $5,200 is warranted because Imperial made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Imperial IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,
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- the Enforcement Bureau ("Norfolk Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $7,000 to TPN. TPN has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, The Paradise Network of North Carolina, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for violation of Sections 17.57 and 73.1745(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
- http://www.fcc.gov/eb/Orders/2007/DA-07-1301A1.html
- Enforcement Bureau ("New Orleans Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $4,000 to Ace. Ace has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ace Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release of this Order. If the
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- provided by KM TV. While we cancel the proposed forfeiture, we admonish KM TV for its willful and repeated violation of the public inspection file rule as set forth in Section 73.3526 of the Commission's Rules. IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, that the proposed forfeiture in the amount of ten thousand dollars ($10,000) issued to KM Television of Flagstaff, L.L.C, licensee of KCFG(TV), Flagstaff, Arizona, in the March 20, 2006 Notice of Apparent Liability for willful and repeated violations of Sections 73.3526 of the Rules IS CANCELLED. 10. IT IS FURTHER ORDERED that KM
- http://www.fcc.gov/eb/Orders/2007/DA-07-1313A1.html
- on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that neither reduction nor cancellation of the proposed $14,000 forfeiture is warranted. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Charles E. Vance, III d/b/a CB Candy Electronics IS LIABLE FOR A MONETARY FORFEITURE in the amount of $14,000 for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803(a)(1) and 2.815(c) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80
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- with the Forfeiture Policy Statement. As a result of our review, we conclude that Community willfully and repeatedly violated Sections 73.1350(a) and 73.3526 of the Rules and that no reduction of the proposed $11,000 forfeiture is warranted. III. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Community Broadcast Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $11,000 for violation of Sections 73.1350(a) and 73.3526 of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Amp'd Mobile, Inc. apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Amp'd Mobile, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
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- that KLM has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find KLM apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, KLM IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within
- http://www.fcc.gov/eb/Orders/2007/DA-07-1409A1.html
- Cellular has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Easterbrooke Cellular apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Easterbrooke Cellular Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
- http://www.fcc.gov/eb/Orders/2007/DA-07-1412A1.html
- that CTC has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find CTC apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, CTC Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
- http://www.fcc.gov/eb/Orders/2007/DA-07-1413A1.html
- apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Shoreham Telephone Company, Inc. apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Shoreham Telephone Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the
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- that PriorityOne has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find PriorityOne apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, PriorityOne IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within
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- has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain an adequate compliance statement in accordance with the rule. We find Oneida apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Oneida County Rural Telephone Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of
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- the information and documents the Bureau directed it to provide. Accordingly, a proposed forfeiture is warranted against 1^st United Tel-Com, Inc. for its apparent willful or repeated violations of our directive. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, 1^st UNITED TEL-COM, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond fully to the Bureau's Letter of Inquiry. 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release date of
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- to provide the information and documents the Bureau directed it to provide. Accordingly, a proposed forfeiture is warranted against Burke's Garden for its apparent willful or repeated violations of our directive. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, BURKE'S GARDEN TELEPHONE COMPANY, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond fully to the Bureau's Letter of Inquiry. 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release date
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- documents the Bureau directed it to provide. Accordingly, a proposed forfeiture is warranted against Connect Paging, Inc. d/b/a Get A Phone for its apparent willful or repeated violations of our directive. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, CONNECT PAGING, INC. D/B/A GET A PHONE IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond fully to the Bureau's Letter of Inquiry. 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's Rules, within thirty days of the
- http://www.fcc.gov/eb/Orders/2007/DA-07-1421A1.html
- provide the information and documents the Bureau directed it to provide. Accordingly, a proposed forfeiture is warranted against Habla Communicaciones, Inc. for its apparent willful or repeated violations of our directive. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, HABLA COMMUNICACIONES, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond fully to the Bureau's Letter of Inquiry. 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release date of this
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- documents the Bureau directed it to provide. Accordingly, a proposed forfeiture is warranted against Manning Municipal Communications and Television System Utilities for its apparent willful or repeated violations of our directive. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, MANNING MUNICIPAL COMMUNICATIONS AND TELEVISION SYSTEM UTILITIES IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond fully to the Bureau's Letter of Inquiry. 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's Rules, within thirty days of the
- http://www.fcc.gov/eb/Orders/2007/DA-07-1423A1.html
- to provide the information and documents the Bureau directed it to provide. Accordingly, a proposed forfeiture is warranted against PhoneCo LP for its apparent willful or repeated violations of our directive. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, PHONECO, LP IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond fully to the Bureau's Letter of Inquiry. 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE
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- approximately six months - to notify Commission staff and seek authority to operate the station. Under the circumstances, and consistent with precedent, we find that no reduction of the proposed forfeiture for voluntary disclosure or good faith efforts to comply is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Mitchell Electric IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand five hundred dollars ($7,500) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
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- our review, we conclude that Macerich willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $3,200 is warranted. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Macerich - Santa Monica Place IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for willfully and repeatedly violating Section 1.903(a) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
- http://www.fcc.gov/eb/Orders/2007/DA-07-1451A1.html
- that a downward adjustment of the proposed forfeiture from $13,000 to $10,400 is warranted because DirecTV made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. IV. ordering clauses 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, DirecTV IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of ten thousand, four hundred dollars ($10,400) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within
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- of our review, we conclude that Lam repeatedly violated Section 87.193 of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the $2,000 forfeiture is warranted. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Grant Lam IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for repeatedly violating Section 87.193 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- on June 30, 2006 ("Response"). Based on our review of Amaturo's Response and the record, we find that Amaturo did not willfully and repeatedly violate Section 73.1125(a) of the Rules. Consequently, we conclude that no forfeiture should be imposed. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, that the proposed forfeiture in the amount of seven thousand dollars ($7,000) issued to Amaturo Group of L.A., Ltd., in the May 31, 2006, Notice of Apparent Liability for willful and repeated violations of Section 73.1125(a) of the Rules IS CANCELLED. 4. IT IS FURTHER ORDERED that a copy of this Order shall
- http://www.fcc.gov/eb/Orders/2007/DA-07-1474A1.html
- to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the Enforcement Bureau's investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that T-Mobile USA, Inc. will make a voluntary contribution to the United States Treasury in the amount of seventy-five thousand dollars ($75,000) within 30 calendar days after the Effective
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- 14. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $6,400 is warranted. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Una Vez Mas Las Vegas License, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,400 for willfully and repeatedly violating Section 73.3526 of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
- http://www.fcc.gov/eb/Orders/2007/DA-07-1478A1.html
- on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that neither reduction nor cancellation of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Entravision Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for repeatedly violating Section 303(q) of the Act and Section 17.23 of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
- http://www.fcc.gov/eb/Orders/2007/DA-07-1482A1.html
- Bureau ("Tampa Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Mr. Charles. Mr. Charles has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Junior Lahens Charles IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Parker willfully and repeatedly violated Section 301 of the Act and that no reduction of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Parker Construction, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- adjustment of the proposed aggregate forfeiture from $10,500 to $9,200 is warranted because GGP made voluntary disclosures to Commission staff concerning its late-filed license renewal and unauthorized operation and undertook corrective actions prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, General Growth Properties IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $9,200 for willful and repeated violation of Section 301 of the Act and Sections 1.903 and 1.949(a) of the Rules and for willful and repeated failure to respond to a Bureau order. 14. IT IS FURTHER ORDERED that,
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- that a downward adjustment of the proposed forfeiture from $26,000 to $20,800 is warranted because CLP made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Cooperative Light & Power IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty thousand, eight hundred dollars ($20,800) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of
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- of the forfeiture amount from $10,000 to $1,500 is appropriate. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act and Section 1.106 of the Rules, Mr. Spiry's petition for reconsideration IS GRANTED to the extent set forth above. 7. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Mr. Spiry IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for willful and repeated violation of Section 301 of the Act. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
- http://www.fcc.gov/eb/Orders/2007/DA-07-165A1.html
- the Enforcement Bureau ("Dallas Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $4,000 to Unique. Unique has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Unique Broadcasting, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- ("San Juan Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $8,000 to A Radio. A Radio has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, A Radio Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for violation of Section 73.3526 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- the proposed aggregate forfeiture from $10,500 to $9,200 is warranted because RSDC made voluntary disclosures to Commission staff concerning its failure to file a timely license renewal application and undertook corrective actions prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, RSDC of Michigan, LLC IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $9,200 for willful and repeated violation of Section 301 of the Act and Sections 1.903 and 1.949(a) of the Rules and for willful and repeated failure to respond to a Bureau order. 14. IT IS FURTHER ORDERED
- http://www.fcc.gov/eb/Orders/2007/DA-07-167A1.html
- Abreu willfully and repeatedly violated Section 301 of the Act. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $500 is appropriate based on Mr. Abreu's demonstrated inability to pay. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Oreste Abreu IS LIABLE FOR A MONETARY FORFEITURE in the amount of five hundred dollars ($500) for violation of Section 301 of the Act. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
- http://www.fcc.gov/eb/Orders/2007/DA-07-1685A1.html
- to hold or obtain any Commission license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the complaint received by, or in the possession of, the Bureau on or around May 30, 2006, alleging false certifications in VTG's applications for licenses to cover the construction permits for the above-captioned deleted low power television stations and violations of the
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- the proposed forfeiture from $6,500 to $5,200 is warranted because JSMC made voluntary disclosures to Commission staff through its request for STA and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. III. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Jennie Stuart Medical Center IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of five thousand, two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of
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- unpaid forfeiture penalty that was imposed during this period shortly after July 9, 2006. IV. Ordering clauses 14. Accordingly, this report is issued pursuant to the Junk Fax Prevention Act of 2005, Pub. L. No. 109-21, 119 Stat. 359, and section 227 of the Communications Act of 1934, as amended, 47 U.S.C. S 227, and under authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311. 15. IT IS ORDERED that the Secretary SHALL SEND copies of this report to the appropriate committees and subcommittees of the United States House of Representatives and the United States Senate. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Junk Fax Prevention Act of 2005, Pub. L. No.
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- resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 5. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. SS 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311, that the Motion is GRANTED, the Complaint is DISMISSED with prejudice, and this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division 47 U.S.C. S 208. AT&T Corp. v. BellSouth Telecommunications, Inc., Memorandum Opinion and Order, 19 FCC Rcd 23898 (2004). BellSouth Telecommunications, Inc.
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- Bureau ("Tampa Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Mr. Pierre-Francois. Mr. Pierre-Francois has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jean-Harry Pierre-Francois IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Wilson willfully and repeatedly violated Section 73.3526 of the Rules and that no reduction of the proposed $12,000 forfeiture is warranted. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Wilson Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Section 73.3526 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- Broadcasting's response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that no reduction of the proposed $21,000 forfeiture is warranted. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Siga Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for violations of Sections 17.51(a), 73.49, and 73.1745(a) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that TNL shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at (202)
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- is not sufficient to demonstrate an inability to pay. Hare Planting has provided no specific financial information or evidence of financial hardship and, therefore, we are unable to determine whether a reduction based on inability to pay is warranted in this instance. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Hare Planting, IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand two hundred dollars ($5,200) for violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- New York Field Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Rankine. Rankine has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Kacy Rankine IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If
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- New York Field Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Simpson. Simpson has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Elroy Simpson IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If
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- review, we conclude that HRN willfully and repeatedly violated Sections 73.1745(a) and 73.3526 of the Rules and that a reduction of the proposed forfeiture to $11,200 is warranted based on HRN's history of compliance with the Rules. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, HRN Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand two hundred dollars ($11,200) for violations of Sections 73.1745(a) and 73.3526 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- Roberts' response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that no reduction of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Marcus A. Roberts IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- conclude that Fed Ex willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $4,000 forfeiture is warranted. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Federal Express Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- violated Section 73.49 of the Rules, based upon their inability to pay, we conclude that pursuant to Section 503(b) of the Act and the Forfeiture Policy Statement, reduction of the $7,000 forfeiture to $500 is warranted. IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Albino Ortega and Maria Juarez , ARE LIABLE FOR A MONETARY FORFEITURE in the amount of $500 for willfully and repeatedly violating Section 73.49 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. SS 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311, and 1.1401-1.1418, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Motion to Dismiss, File No. EB-06-MD-008 (filed Apr. 25, 2007) ("Motion"). Complaint, File No. EB-06-MD-008 (filed July 21, 2006) ("Complaint"). 47 U.S.C.
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- a downward adjustment of the proposed aggregate forfeiture from $6,500 to $5,200 is warranted because Doss made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Doss IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand, two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. 7. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,
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- federal case law supports Network's request for a stay absent a pledge of security for the full judgment amount. 11. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. SS 154(i), 154(j), 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. S1.720-1.736, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311, that Network's Motion to Stay the Damages Order IS DENIED, and IT IS FURTHER ORDERED that Network's Motion for Leave to File a Reply IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau APCC Services, Inc. v. NetworkIP, LLC and Network Enhanced Services,
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- staff and come into compliance with our rules after learning of the violation. Under the circumstances, and consistent with precedent, we find that no reduction of the proposed forfeiture for voluntary disclosure or good faith efforts to comply is warranted. I. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Kimberly Clark IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within
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- prior to its construction. The Commission has long held that a downward adjustment of an assessed forfeiture is not justified where violators claim their actions or omissions were due to inadvertent errors or unfamiliarity with the statutory or regulatory requirements. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Telcom Rentals, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for willfully and repeatedly violating Section 17.4(a)(1) of the Rules. 12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this Notice
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- York Field Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to New Relampago. New Relampago has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, New Relampago Car Service Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 3. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of
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- New York Field Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Mobile. Mobile has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Mobile Car Service, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this
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- violated Section 90.403(a)(2) of the Rules and that a forfeiture of four thousand dollars ($4,000) is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act and Section 1.106 of the Rules, the Petition for Reconsideration IS DENIED. 9. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Mr. Joslyn Gordon, as owner of Rescue Car Service, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willful and repeated violation of Section 90.403(a)(2) of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- violated Section 11.35(a) of the Rules, based upon its inability to pay, we conclude that pursuant to Section 503(b) of the Act and the Forfeiture Policy Statement, reduction of the $8,000 forfeiture to $250 is warranted. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Gla-Mar Broadcasting, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $250 for willfully and repeatedly violating Section 11.35(a) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- 11. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $4,200 is warranted. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Sandhill Media Group, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,200 for repeatedly violating Section 73.49 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- 15. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $5,600 is warranted. IV. ORDERING CLAUSES 16. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, HTV/HTN/Hawaiian TV Network, Ltd., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,600 for willfully and repeatedly violating Section 73.1125(a) of the Rules. 17. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- however, that a downward adjustment of the proposed forfeiture from $6,500 to $5,200 is warranted because Sakaida made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Ted Sakaida & Sons Trucking IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand, two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. 6. IT IS FURTHER ORDERED that, pursuant to Section
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- has been found acceptable. Accordingly, we reject Playa del Sol's claim of inability to pay. III. ORDERING CLAUSES 4. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act and Section 1.106 of the Rules, Playa del Sol's petition for reconsideration IS DENIED. 5. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Playa del Sol IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,000 for willfully and repeatedly violating Sections 11.25, 11.61, and 73.1125 of the Rules. 6. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- Burke's Garden's Response and the record, we find that Burke's Garden did not willfully and repeatedly violate a Commission order by failing to respond to a directive of the Bureau. Consequently, we conclude that no forfeiture should be imposed. 5. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of four thousand dollars ($4,000) issued to Burke's Garden Telephone Company, Inc., in the March 30, 2007, Notice of Apparent Liability for Forfeiture for willful and repeated violations of a Commission order IS CANCELLED. 6. IT IS FURTHER ORDERED that a copy of this Order
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- M.R.S.' response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that no reduction of the proposed $7,000 forfeiture is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, M.R.S. Ventures, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether BHP possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. 4. IT IS FURTHER ORDERED that the above captioned matter IS TERMINATED. 5. IT IS FURTHER ORDERED that copies of this Order shall be sent by regular first class mail and certified mail - return receipt requested, to Broadcast House of the Pacific, at its address of record.
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- Rules. 11. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that no reduction of the proposed forfeiture is warranted. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Multicultural Radio Broadcasting, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for repeatedly violating Section 303(q) of the Act and Section 17.51 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- 9. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $3,200 is warranted. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Gold Coast Radio, LLC , IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for repeatedly violating Section 73.1560(b) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- listed above, we find that reduction of the proposed forfeiture is warranted, given Payne's demonstrated inability to pay. Accordingly, the forfeiture amount is reduced from ten thousand dollars ($10,000) to seven hundred and fifty dollars ($750). IV. ORDERING CLAUSES 16. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Donald J. Payne IS LIABLE FOR A MONETARY FORFEITURE in the amount of $750 for willfully and repeatedly violating Section 301 of the Act. 17. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources by the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. SS 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311, and 1.1401-1.1418, that the Motion is GRANTED, and that the Complaint is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Joint Motion For Dismissal With Prejudice, File No. EB-06-MD-001 (filed May 31, 2007) ("Motion"). Complaint, File No. EB-06-MD-001 (filed Jan. 6, 2006)
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- Bureau ("Atlanta Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $8,000 to L4 Media. L4 Media has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, L4 Media Group, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for violation of Section 11.35 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- Bureau ("Atlanta Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $7,000 to Mr. Konarz. Mr. Konarz has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jason Konarz IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for violation of Section 73.49 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Simmons possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. 4. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 5. IT IS FURTHER ORDERED that the Bureau's investigation in this proceeding IS TERMINATED. 6. IT IS FURTHER ORDERED that Simmons-Austin, LS, LLC shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar
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- 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by approving the Consent Decree and terminating the forfeiture proceeding. 4. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 5. IT IS FURTHER ORDERED that the forfeiture proceeding against Carnival IS TERMINATED. 6. IT IS FURTHER ORDERED that Carnival Cruise Lines Inc. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar
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- 11. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $3,200 is warranted. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Rosario Del Talpa, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for willfully and repeatedly violating Section 73.1350(a) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- 14. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $2,400 is warranted. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, KITZ Radio, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,400 for willfully and repeatedly violating Section 73.3526 of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- 14. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $2,400 is warranted. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, KITZ Radio, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,400 for willfully and repeatedly violating Section 73.3526 of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest will be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that TSI shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center
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- one unsolicited advertisement to the consumer identified herein. We have further determined that Global QA Corp. is apparently liable for a forfeiture in the amount of $4,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Global QA Corp. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- identified in the Appendix. We have further determined that Tri-State Printer & Copier Supply Co., Inc. is apparently liable for a forfeiture in the amount of $9,000. 11. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S 503(b), and section 1.80 of the Rules, 47 C.F.R. S 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311, that Tri-State Printer & Copier Supply Co., Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000 (nine thousand dollars) for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47
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- your July 28, 2006 guilty plea and subsequent conviction of two counts of mail fraud. United States v. Scott A. Federowicz, Criminal Docket No. 3:06-CR-06-222 (RNC), Plea Agreement (D.Conn. filed and entered Jul. 28, 2006); United States v. Scott A. Federowicz, 3:06-CR-06-222 (RNC), Judgment (D.Conn. filed and entered May 9, 2007) ("Federowicz Judgment"). 47 C.F.R. S 54.521; 47 C.F.R. S 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. S 54.521). Second Report and Order, 18 FCC Rcd at 9225, P 66. The Commission's debarment rules define a "person" as "[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however, organized." 47 C.F.R. S 54.521(a)(6). See
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- to the consumer identified in the Appendix. We have further determined that New England Industrial Roofing is apparently liable for a forfeiture in the amount of $10,000.00. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S 503(b), and section 1.80 of the Rules, 47 C.F.R. S 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311, that New England Industrial Roofing is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000.00 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S 64.1200(a)(3), and the related
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- unsolicited advertisements to the four consumers identified in the Appendix. We have further determined that Infasource.com is apparently liable for a forfeiture in the amount of $22,500.00. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S 503(b), and section 1.80 of the Rules, 47 C.F.R. S 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311, that Infasource.com is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $22,500.00 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S 64.1200(a)(3), and the related orders described in
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- including those related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigatory proceeding IS TERMINATED. 7. IT IS FURTHER ORDERED that Scientific Games shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at
- http://www.fcc.gov/eb/Orders/2007/DA-07-299A1.html
- evinces a pattern of intentional non-compliance with and disregard for these rules. Accordingly, we find that an upward adjustment of $11,000 over the $14,000 base forfeiture amount is warranted. We conclude that RMR is apparently liable for a $25,000 forfeiture. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Rocky Mountain Radio IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803, 15.205 and 15.209 of the Rules. 16. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
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- forfeiture of $10,500 for Yellow Cab's apparent willful and repeated violations of Section 301 of the Act and Sections 1.903 and 1.949(a) of the Rules and Yellow Cab's apparent willful and repeated failure to respond to Bureau inquiries concerning its PLMRS license. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Yellow Cab Leasing, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $10,500 for willful and repeated violation of Section 301 of the Act and Sections 1.903 and 1.949(a) of the Rules and for willful and repeated failure to respond to a Bureau order. 13. IT IS FURTHER ORDERED
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- is attached hereto. 3. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the investigation. 4. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by section 0.111 and 0.311 of the Commission's Rules, that the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau 47 U.S.C. S: 310(d). 47 U.S.C. S: 154(i). 47 C.F.R. S:S: 0.111, 0.311. Federal Communications Commission DA 07-3095 DRAFT Federal Communications Commission DA 05-XXX References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3095A1.pdf
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- NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation or reduction of the $7,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Donald Winton IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 95.426(a) of the Act. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- the Enforcement Bureau ("Atlanta Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $4,000 to Brenau. Brenau has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Brenau University Network IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for violation of Section 73.3527 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- Bureau ("Houston Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Mr. McCollum. Mr. McCollum has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Michael Thomas McCollum IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violation of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Mechanicsville Telephone Company apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, MECHANICHVILLE TELEPHONE COMPANY IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
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- advertisements to the three consumers identified in the Appendix. We have further determined that CyberData, Inc. is apparently liable for a forfeiture in the amount of $13,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that CyberData, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $13,500 (thirteen thousand, five hundred dollars) for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3),
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- violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Audio-Video Corporation d/b/a A-1 Communications apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, AUDIO-VIDEO CORPORATION D/B/A A-1 COMMUNICATIONS IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of
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- to the five consumers identified in the Appendix. We have further determined that Troescher Typing Service is apparently liable for a forfeiture in the amount of $22,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Troescher Typing Service is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $22,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- 3 consumers identified in the Appendix. We have further determined that ESpeed Mortgage Dot Com, LLC is apparently liable for a forfeiture in the amount of $13,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that ESpeed Mortgage Dot Com, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $13,500 (thirteen thousand five hundred dollars) for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47
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- advertisement to the consumer identified in the Appendix. We have further determined that Aras Marketing, Inc. is apparently liable for a forfeiture in the amount of $4,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Aras Marketing, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- identified above. We have further determined that Travelcomm Industries, Inc. is apparently liable for a forfeiture in the amount of $4,500. 11. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b)(5), and section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S: 0.111, 0.311, that Travelcomm Industries, Inc. IS hereby NOTIFIED of an Apparent Liability for Forfeiture in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(B) of the Act, 47 U.S.C. S: 227(b)(1)(B), section 64.1200(a)(2) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(2), and the related orders described above.
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- action could take the form of higher monetary forfeitures and/or possible revocation of ITE's operating authority, including disqualification of ITE's principals from the provision of any interstate common carrier services without the prior consent of the Commission. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Commission's rules, that International Telecom Exchange, Inc. and International Telecom Exchange Group, Inc. SHALL FORFEIT to the United States government the sum of $28,062 for willfully and repeatedly violating the Commission's rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Mr. Smallwood willfully violated Sections 11.35 and 73.3526 of the Rules and that no reduction of the proposed $7,000 forfeiture is warranted. IV. ordering clauses 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ora Roberts Smallwood, III IS LIABLE FOR A MONETARY FORFEITURE in the amount of eighteen thousand dollars ($18,000) for willfully violating Sections 11.35 and 73.3526 of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- qualifications, including those related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigations. 5. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Act and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigatory proceedings ARE TERMINATED. 7. IT IS FURTHER ORDERED that the Ramcell Licensees shall make their voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management
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- certified mail was signed for by a company employee. Additionally, the Company has not provided adequate justification to merit a reduction of the forfeiture amount. After fully considering the facts and circumstances described herein, we believe the forfeiture of $4,000 is warranted in this case. 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 180(f)(4) of the Rules, Connect Paging, Inc. d/b/a Get A Phone IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 503 of the Act and Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the forfeiture is not paid within
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- A Phone has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Connect apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Connect Paging, Inc. d/b/a Get A Phone IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section
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- the competency of legal counsel or because of the mismanagement of its affairs during a period of transition does not serve the public interest. Thus, after fully considering the facts and circumstances described herein, we believe the forfeiture of $4,000 is warranted in this case. 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 180(f)(4) of the Rules, PhoneCo, LP IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 503 of the Act and Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the forfeiture is not paid within the period specified, the case
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- apparently violated Section 64.2009(e) of the Commission's rules by failing to maintain an adequate CPNI compliance certificate in accordance with the rule. We find Capital Telecommunications, Inc. apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, CAPTIAL TELECOMMUNICATIONS, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
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- a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Emile. Emile has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Marcel Emile IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If
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- devices. 2. On January 31, 2007, the Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $25,000 to RMR. RMR has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Rocky Mountain Radar IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803, 15.205 and 15.209 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
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- a pirate broadcaster who lacks prior authority, and thus downwardly adjust the $10,000 base forfeiture amount accordingly. Thus, we propose an aggregate forfeiture of eight thousand dollars ($8,000) ($3,000 for failure to timely file a renewal application and $5,000 for unauthorized operations). IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Hmong American Community, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and repeated violation of Section 301 of the Act and Section 73.3539 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days
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- Order. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, M.R.S. Ventures, Inc.'s petition for reconsideration of the June 8, 2007 Forfeiture Order IS hereby DENIED. 10. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, M.R.S. Ventures, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules. 11. Payment of the $7,000 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- to character, to hold or obtain any Commission license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the Bureau's investigation in this proceeding IS TERMINATED. 7. IT IS FURTHER ORDERED that 127, Inc. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument,
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- Order. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, Wilson Broadcasting, Inc.'s petition for reconsideration of the April 23, 2007 Forfeiture Order IS hereby DENIED. 12. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Wilson Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Section 73.3526 of the Rules. 13. Payment of the $12,000 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- the internal communications problem that resulted in its failure to respond to the Division's letters of inquiry. Although GGP's corrective measures are commendable, it is well-settled that subsequent remedial actions undertaken by a licensee neither excuse nor nullify a licensee's rule violation. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, GGP, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand, four hundred dollars ($8,400) for willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules, and for willful and repeated failure to respond to Bureau directives. 9. Payment of the forfeiture shall
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- based upon the fact that Walgreens has a history of compliance with the Commission's rules and that it voluntarily disclosed the violations to Commission staff after learning of its violations prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Walgreen Co. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for its apparent willful and repeated violations of Section 301 of the Act and Sections 25.102(a), 25.117(a), and 25.118(a) of the Rules. 7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
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- has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find River City Wireless apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, River City Wireless IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
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- Clear Channel's exceptional size and ability to pay a forfeiture. Therefore, based upon the facts and circumstances presented here, we find that Citicasters is apparently liable in the amount of $10,000 for violating the telephone broadcast rule. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Citicasters Licenses, L.P. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 73.1206 of the Commission's Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date
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- IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, A Radio, Inc.'s petition for reconsideration of the November 3, 2006 Forfeiture Order IS hereby GRANTED IN PART and DENIED IN PART. 8. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, A Radio, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violation of Sections 73.49, 73.1350(a), and 73.3526 of the Rules. 9. Payment of the $14,000 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- of the Rules and willfully violated Section 73.3526 of the Rules. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $3,500 is appropriate based on Flagship's demonstrated inability to pay. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Flagship Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand five hundred dollars ($3,500) for violation of Sections 17.57 and 73.3526 of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- to retain his amateur radio authorization. Consequently, we will commence a hearing proceeding before an administrative law judge to provide Mr. Titus with an opportunity to demonstrate why his above-captioned license should not be revoked. IV. ORDERING CLAUSES 6. ACCORDINGLY, pursuant to Sections 312(a) and (c) of the Communications Act of 1934, as amended, and authority delegated pursuant to Sections 0.111, 0.311, and 1.91(a), of the Commission's rules, David L. Titus is hereby ORDERED TO SHOW CAUSE why his authorization for Amateur Radio Station KB7ILD SHOULD NOT BE REVOKED in a proceeding before an administrative law judge, at a time and place to be specified in a subsequent order, upon the following issues: (a) to determine the effect of David L.
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- 11. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $6,400 is warranted. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, One Mart Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,400 for willfully and repeatedly violating Section 11.35 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- the Enforcement Bureau ("Norfolk Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $4,000 to Wise. Wise has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Radio Wise, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for violation of Section 73.3526 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- 11. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that no reduction of the proposed $8,000 forfeiture is warranted. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Broadcast Entertainment Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating Section 73.3526 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture from $4,000 to $2,000 is warranted. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Larson-Wynn, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for willfully and repeatedly violating Section 73.1350(a) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- violated Section 73.49 of the Rules, based upon its inability to pay, we conclude that pursuant to Section 503(b) of the Act and the Forfeiture Policy Statement, further reduction of the forfeiture to $2,800 is warranted. IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Pereira Broadcasting, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,800 for repeatedly violating Section 73.49 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
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- 13. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $6,400 is warranted. IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Three Angels Broadcasting Network, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,400 for repeatedly violating Section 11.35(a) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, Delta Radio Greenville, LLC's petition for reconsideration of the October 1, 2004 Forfeiture Order IS hereby DENIED. 13. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Delta Radio Greenville, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Sections 11.35 and 73.49 of the Rules. 14. Payment of the $12,000 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, Donald Winton's petition for reconsideration of the July 12, 2007 Forfeiture Order IS hereby DENIED IN PART and GRANTED IN PART. 9. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Donald Winton IS LIABLE FOR A MONETARY FORFEITURE in the amount of two hundred and twenty-five dollars ($225) for violation of Section 95.426(a) of the Rules. 10. Payment of the $225 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- of the Act, 47 U.S.C. S: 503(b)(2)(D), and the Forfeiture Policy Statement, we believe a $4,000 forfeiture is appropriate in this case, which represents the base amount for the cablecast transmitted by CN8 on September 21, 2006. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Comcast Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Four Thousand Dollars ($4,000) for willfully violating Section 76.1615 of the Commission's rules. 11. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days of the release of this Notice, Comcast Corporation
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- Ms. Lee is unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Calvin B. Kurimai, Esq., Assistant United States Attorney Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) See 47 C.F.R. S:S: 0.111(a)(14), 54.521. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Scott A. Federowicz, Notice of Suspension and Initiation of Debarment Proceedings, 22 FCC Rcd 11569 (Inv. & Hearings Div., Enf. Bur. 2007) (Attachment 1). 72 Fed. Reg. 39425 (Jul. 18, 2007). See Notice of Suspension, 22 FCC Rcd at 11571. See 47
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- our review, we conclude that MRA willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $3,200 is warranted. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Mobile Relay Associates IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for willfully and repeatedly violating Section 1.903(a) of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- 12. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $6,400 is warranted. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Chula Vista Cable, Ltd., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,400 for repeatedly violating Section 11.35 of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- 15. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $5,600 is warranted. IV. ORDERING CLAUSES 16. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Puget Sound Educational TV, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,600 for willfully and repeatedly violating Section 73.1125(a) of the Rules. 17. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- of three counts of mail fraud. United States v. Richard E. Brown, Criminal Docket No. 3:07-CR-29 (RNC), Plea Agreement (D.Conn. filed Feb. 13, 2007 and entered Feb. 14, 2007) ("Brown Plea Agreement"); United States v. Richard E. Brown, 3:07-CR-29 (RNC), Judgment (D.Conn. filed Sept. 6, 2007 and entered Sept. 7, 2007) ("Brown Judgment"). 47 C.F.R. S: 54.521; 47 C.F.R. S: 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. S: 54.521). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225, P: 66 (2003) ("Second Report and Order"). The Commission's debarment rules define a "person" as "[a]ny individual,
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- station. 2. On March 15, 2007, the Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $5,200 to Imperial. Imperial has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Imperial Sugar Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand two hundred dollars ($5,200) for willfully and repeatedly violating Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- of $4,000 for each of the four apparent violations of Section 76.1615. Consequently, we propose a forfeiture in the amount of $16,000 for the cablecasts transmitted by CN8 on September 26 and 28, and October 3, 2006. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Comcast Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Sixteen Thousand Dollars ($16,000) for willfully and repeatedly violating Section 76.1615 of the Commission's rules. 14. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days of the release of this Notice,
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- advertisements to the three consumers identified in the Appendix. We have further determined that Venali, Inc. is apparently liable for a forfeiture in the amount of $18,000. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Venali, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $18,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders described
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- to the two consumers identified in the Appendix. We have further determined that Red Rose International is apparently liable for a forfeiture in the amount of $20,000. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Red Rose International is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $20,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- we find no basis for cancellation or reduction of the $4,000 forfeiture proposed for this violation. However, as Unique has already paid $400 of the $4,000 proposed forfeiture, we issue a forfeiture in the amount of $3,600. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Unique Broadcasting, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand six hundred dollars ($3,600) for willfully and repeatedly violating Section 308(b) of the Act. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- to the three consumers identified in the Appendix. We have further determined that Mario's Roofing, Inc. is apparently liable for a forfeiture in the amount of $13,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Mario's Roofing is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $13,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders described
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- to the one consumer identified in the Appendix. We have further determined that Alliance Capital Corporation is apparently liable for a forfeiture in the amount of $4,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Alliance Capital Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- subsequent conviction of conspiracy to defraud the United States. United States v. Evelyn Myers Scott, Criminal Docket No. 1:07-CR-139-CC-02, Plea Agreement (N.D.Ga. filed May 2, 2007 and entered May 7, 2007) ("Myers Scott Plea Agreement"); United States v. Evelyn Myers Scott, 1:07-CR-139-CC-02, Judgment (N.D.Ga. filed and entered Oct. 2, 2007) ("Myers Scott Judgment"). 47 C.F.R. S: 54.521; 47 C.F.R. S: 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. S: 54.521). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225, P: 66 (2003) ("Second Report and Order"). The Commission's debarment rules define a "person" as "[a]ny individual,
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- conspiracy to defraud the United States and one count of bribery. United States v. Arthur R. Scott, Criminal Docket No. 1:07-CR-139-CC-01, Plea Agreement (N.D.Ga. filed May 2, 2007 and entered May 7, 2007) ("Scott Plea Agreement"); United States v. Arthur R. Scott, 1:07-CR-139-CC-01, Judgment (N.D.Ga. filed and entered Oct. 2, 2007) ("Scott Judgment"). 47 C.F.R. S: 54.521; 47 C.F.R. S: 0.111(a)(14) (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings pursuant to 47 C.F.R. S: 54.521). See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225, P: 66 (2003) ("Second Report and Order"). The Commission's debarment rules define a "person" as "[a]ny individual,
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- company failed to take immediate action to notify Commission staff after learning of the unauthorized operation. Under the circumstances, and consistent with precedent, we find that no reduction of the proposed forfeiture for good faith efforts to comply is warranted. I. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Five Star IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand, five hundred dollars ($6,500) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
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- unauthorized equipment. In this case, we note that MRC marketed one model of uncertified 4.9 GHz aeronautical transmitting equipment. We, therefore, find it appropriate and consistent with precedent to propose a forfeiture of $7,000 for MRC's marketing of uncertified equipment. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Microwave Radio Communications LLC IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803(a)(1) and 90.203 of the Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within
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- qualifications, including those related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Act and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigatory proceeding IS TERMINATED. 7. IT IS FURTHER ORDERED that Alltel shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at
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- issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $8,000 to Eagle West. Despite repeated contacts by the San Diego Office, Eagle West has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Eagle West Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating Section 11.35 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- Angeles Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $14,000 to Kaltenbach. Despite repeated contacts by the Los Angeles Office, Kaltenbach has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jason Kaltenbach d/b/a Metamerchant, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $14,000 for willfully and repeatedly violating of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. 4. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. 5. NOS shall make its voluntary contribution to the United States Treasury by mailing payment by check or money order to Forfeiture Collection Section, Finance Branch, Federal Communications Commission, P.O. Box 358340, Pittsburgh, Pennsylvania 15251. Payment by overnight mail may be sent to Mellon Client Service Center,
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- purchase medication and medical supplies and that he is disabled and lives on a fixed income. We note that Low Power Radio will have an opportunity to present documentation concerning its ability to pay the proposed forfeiture in response to the NAL. III. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Liam Patrick Ryan d/b/a L.P. Ryan / Low Power Radio IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
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- New York Field Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $17,000 to Diaz. Diaz has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jairo Diaz IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully and repeatedly violating Sections 301 and 303(n) of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this
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- to the two consumers identified in the Appendix. We have further determined that Troescher Typing Service is apparently liable for a forfeiture in the amount of $9,000. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Troescher Typing Service is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- documents. 2. On April 12, 2007, the Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $9,200 to RSDC. RSDC has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, RSDC of Michigan, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of nine thousand, two hundred dollars ($9,200) for willfully and repeatedly violating Section 301 of the Act and Sections 1.903 and 1.949(a) of the Rules and for willfully and repeatedly failing to respond to a Bureau order. 4. Payment of the
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- On July 10, 2007, the Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,500 to Yellow Cab. Yellow Cab has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Yellow Cab Leasing, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand, five hundred dollars ($10,500) for willfully and repeatedly violating Section 301 of the Act and Sections 1.903 and 1.949(a) of the Rules and for willfully and repeatedly failing to respond to a Bureau order. 4. Payment of the
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- their telephone numbers on the National Do-Not-Call registry. We have further determined that See Through Windows is apparently liable for a forfeiture in the amount of $20,000. 11. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that See Through Windows is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $20,000 for willful or repeated violations of section 64.1200(c)(2) of the Commission's rules, 47 C.F.R. S: 64.1200(c)(2), and the related orders described in the paragraphs above. 12. IT IS FURTHER ORDERED
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- hearing. Consequently, we hereby designate the matter for hearing before a Commission administrative law judge to provide Mr. Keeney with an opportunity to demonstrate why his license should not be revoked. IV. ORDERING CLAUSES 7. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 312(a) and (c) of the Communications Act of 1934, as amended, and authority delegated pursuant to Sections 0.111, 0.311, and 1.91(a), of the Commission's rules, Lonnie L. Keeney is hereby ORDERED TO SHOW CAUSE why his authorization for Amateur Radio License KB9RFO should not be revoked. Lonnie L. Keeney shall appear before an administrative law judge at a time and place to be specified in a subsequent order and provide evidence upon the following issues: (a) to determine
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- of ) ROBERT D. LANDIS ) EB Docket No. 06-149 Amateur Radio Operator and Licensee of ) File No. EB-05-IH-0973 Amateur Radio Station N6FRV ) ) ORDER OF REVOCATION Adopted: November 20, 2007 Released: November 20, 2007 By the Chief, Enforcement Bureau: I. introduction 1. By this Order of Revocation, pursuant to authority delegated to the Enforcement Bureau under Section 0.111(a)(17) of the Commission's Rules, we revoke the captioned Amateur license held by Robert D. Landis. Based on the evidence of his convictions for child molestation, we conclude that Mr. Landis lacks the basic requisite character qualifications to be and remain a Commission licensee. II. background 2. On August 1, 2006, the Commission, by the Chief, Enforcement Bureau, designated this case
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- forfeiture calculation and methodology set forth in the NAL. Applying the factors set forth in Section 1.80 and Section 503(b)(2)(D) of the Act to the instant case, we conclude that Spectracom is liable for a $12,000 forfeiture. IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's Rules, Spectracom, LLC SHALL FORFEIT to the United States government the sum of $12,000 for willfully violating Section 1.948 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release of this Forfeiture Order. If the
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- a reduction of the forfeiture penalty proposed in the NAL. For these reasons, we hereby impose a forfeiture of $17,500 for C5 Communication's violations of Section 1.17 of the Commission's rules, as set forth in the NAL. IV. ORDERING CLAUSES 6. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's Rules, C5 Communications, LLC SHALL FORFEIT to the United States government the sum of $17,500 for willfully violating Section 1.17 of the Commission's rules. 7. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release of this Forfeiture Order.
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- related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the enforcement proceeding. 5. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 503(b) of the Act, and the authority delegated by Sections 0.111 and 0.311 of Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned enforcement proceeding IS TERMINATED. 7. IT IS FURTHER ORDERED that Doss shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at
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- substantial and material questions of fact in regard to the above-referenced investigation as to whether CBS and KUTV possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the objections to the renewal application of Station KUTV(TV) received by, or in the possession of, the Media Bureau on or around August 28, 2006, as well as any other similar pleadings filed against stations licensed to any subsidiaries of CBS, alleging
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- violated the referenced sections of the Act and Rules, that the proposed forfeiture in the amount of seven thousand dollars ($7,000) is appropriate, and that Antique Radio Collector has not demonstrated that a reduction or cancellation of the proposed forfeiture is warranted. IV. ordering Clauses 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Richard Mann d/b/a The Antique Radio Collector IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80
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- Ms. Lee is unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Calvin B. Kurimai, Esq., Assistant United States Attorney Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) See 47 C.F.R. S:S: 0.111(a)(14), 54.521. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Scott A. Federowicz, Notice of Suspension and Initiation of Debarment Proceedings, 22 FCC Rcd 17341 (Inv. & Hearings Div., Enf. Bur. 2007) (Attachment 1). 72 Fed. Reg. 57574 (October 10, 2007). See Notice of Suspension, 22 FCC Rcd at 17343. See 47
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- has apparently violated Section 64.2009(e) of the Commission's rules by failing to prepare and maintain a certification in compliance with the rule. We find Dialaround Enterprises Inc. apparently liable for $100,000. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, DIALAROUND ENTERPRISES INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one hundred thousand dollars ($100,000) for willfully or repeatedly violating Section 64.2009 of the Commission's rules, by failing to prepare and maintain a certificate that complies with 64.2009(e). 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
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- the Act. We therefore find that Fibertech is a "telecommunications carrier" entitled to pole attachments under section 224(f), and grant the relief requested in the Complaint. V. ordering clauseS 30. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. SS 151, 154(i), 154(j), and 224, and sections 0.111 and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. SS 0.111 and SS 1.1401-1.1418, that the Complaint IS GRANTED. 31. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. SS 151, 154(i), 154(j), and 224, and sections 0.111 and 1.1401-1.1418 of the Commission's Rules, 47 C.F.R. SS 0.111
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- is attached hereto. 3. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the investigation. 4. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by section 0.111 and 0.311 of the Commission's Rules, that the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau 47 U.S.C. S: 154(i). 47 C.F.R. S:S: 0.111, 0.311. Federal Communications Commission DA 07-4875 DRAFT Federal Communications Commission DA 05-XXX References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4875A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4875A1.doc 3. http://transition.fcc.gov/eb/Orders/2007/DA-07-4875A2.html
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- is attached hereto. 3. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the investigation. 4. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by section 0.111 and 0.311 of the Commission's Rules, that the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau 47 C.F.R. S: 1.17310(d). 47 U.S.C. S: 154(i). 47 C.F.R. S:S: 0.111, 0.311. Federal Communications Commission DA 07-4876 DRAFT Federal Communications Commission DA 05-XXX References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4876A1.pdf
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- including those related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act and the authority delegated by Sections 0.111 and 0.311 of the Rules, the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigatory proceeding IS TERMINATED. 7. IT IS FURTHER ORDERED that Broadcast Microwave shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at (202)
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- amount of $8,000 is appropriate for its apparent violation of the alien ownership restrictions under Section 310. Based on the facts and circumstances presented, we conclude that an aggregate proposed forfeiture of $24,000 against Satamatics is warranted. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Satamatics, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty four thousand dollars ($24,000) for willfully violating Section 214, 310(b)(4), and 310(d) of the Communications Act of 1934, as amended. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within
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- of $8,000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, the Petition for Reconsideration, filed March 5, 2007, by Eagle West Communications, Inc., IS DENIED. 10. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Eagle West Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Section 11.35 of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- which to reconsider the forfeiture. IV. ordering clauses 8. Accordingly, IT IS ORDERED that, pursuant to Section 405(b) of the Communications Act of 1934, as amended, and Section 1.106(f) of the Commission's Rules, the petition for reconsideration filed by Community Broadcast Group, Inc. IS DISMISSED. 9. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Community Broadcast Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand dollars ($11,000) for violation of Sections 73.1350(a) and 73.3526 of the Rules 10. Payment of the forfeiture assessed by the Forfeiture Order shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- Mr. Bazile willfully and repeatedly violated Section 301 of the Act. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $1,450 is appropriate based on his demonstrated inability to pay. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Marckenson Bazile IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand four hundred fifty dollars ($1,450) for violation of Section 301 of the Act. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- members or friends. Accordingly, we find that an upward adjustment of the base forfeiture amount is appropriate in this case and propose a forfeiture of $12,000 for the Licensee's apparent violations of Section 73.1216 of the Commission's rules. III. ORDERING CLAUSES 16. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Multicultural Radio Broadcasting Licensee, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $12,000 for willfully and repeatedly violating Sections 73.1216 of the Commission's rules. 17. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release of
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- response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis to reduce the $8,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jerry Russell dba The Russell Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35(a) of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- and willfully violated Section 73.3527 of the Rules. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $11,200 is appropriate based on Long Pond's history of compliance with the Rules. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Long Pond Baptist Church IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand two hundred dollars ($11,200) for violation of Sections 17.50 and 73.3527 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, Entravision Holdings, LLC's petition for reconsideration of the February 6, 2007 Forfeiture Order IS hereby GRANTED IN PART AND DENIED IN PART. 23. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Entravision Holdings, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 1.1310 of the Rules. 24. Payment of the $10,000 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether FMBC possess the basic qualifications, including character qualifications, to remain a Commission licensee. 4. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned investigation into the matters described herein is terminated. 6. IT IS FURTHER ORDERED that copies of this order shall be sent by regular first class mail and certified mail - return receipt requested to Joseph A. Belisle, Leibowitz &
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- Therefore, we affirm the decision in the NAL and find Sakaida liable for violation of Section 1.949(a) for the period May 29, 2006 (one year prior to adoption of the NAL) until June 19, 2006 (the date Sakaida filed its STA application). IV. ordering clauses 15. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ted Sakaida & Sons Trucking IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand, two hundred dollars ($5,200) for willful and repeated violations of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for
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- to the three consumers identified in the Appendix. We have further determined that Y Pay More is apparently liable for a forfeiture in the amount of $23,500.00. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Y Pay More is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $23,500.00 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- to the two consumers identified in the Appendix. We have further determined that Red Rose International is apparently liable for a forfeiture in the amount of $9,000. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Red Rose International is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- of our review, we conclude that Visionary willfully and repeated violated Section 1.1310. Considering the entire record and the factors listed above, we find that neither reduction or cancellation of the proposed $10,000 forfeiture is warranted IV. ORDERING CLAUSES 19. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Visionary Related Entertainment, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 1.1310 of the Rules. 20. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation or reduction of the $25,000 forfeiture proposed for this violation. IV. ordering clauses 23. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Entravision Holdings, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 1.1310 of the Rules. 24. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- have examined Infinity's response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we reduce the forfeiture proposed for this violation to $10,000. IV. ordering clauses 25. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Infinity Broadcasting Corporation of Florida IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 1.1310 of the Rules. 26. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- to pay. Toussaint stated in the response that documentation in support of his request would be submitted under separate cover. To date, no such documentation has been submitted. Accordingly, based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,Gary Toussaint IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating 47 U.S.C. S 301. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the forfeiture
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- earth station license had lapsed, it initiated the process to correct the violation. The Commission has explained that it "expects" violators to implement corrective action to bring past violations into compliance, and therefore, such actions do not nullify or mitigate past violations. IV. ordering clauses 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, La Carpa IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of six thousand, five hundred dollars ($6,500) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,
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- Duckworth willfully and repeatedly violated Section 301 of the Act. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $2,500 is appropriate based on Mr. Duckworth's demonstrated inability to pay. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Larry J. Duckworth IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand five hundred dollars ($2,500) for violation of Section 301 of the Act. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CSSI possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. 4. IT IS FURTHER ORDERED that the "Complaint" received by, or in the possession of, the Bureau, on or around September 6, 2005, alleging violation of the Underwriting Laws by CSSI, IS DISMISSED. 5. IT IS FURTHER ORDERED that the investigation by the Enforcement Bureau IS TERMINATED. 6.
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- with Section 0.459, including the standards of specificity mandated by Section 0.459(b). As discussed above, Kimberly Clark made a blanket request for confidentiality of all the information it provided. We conclude that Kimberly Clark failed to demonstrate that its LOI response warrants confidential treatment and, therefore, deny its request. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311, and 0.459(c) of the Rules, that the Request for Confidentiality filed on December 18, 2006 by Kimberly Clark IS DENIED. 8. IT IS FURTHER ORDERED that, pursuant to Section 0.459(g) of the Rules, that Kimberly Clark may file an application for review of this denial with the Commission within five (5) working days of the release date of this
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- the investigation. In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Wal-Mart possesses the basic qualifications, including character qualifications, to remain a Commission licensee. 4. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Act, and the authority delegated by Sections 0.111 and 0.311 of the Rules, that the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned investigation into the matters described herein IS TERMINATED. 6. IT IS FURTHER ORDERED that Wal-Mart shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit
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- related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest will be served by adopting the Consent Decree and terminating this investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act and Sections 0.111 and 0.311 of the Rules, the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that US Cellular shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at (202)
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- the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the forfeiture proceeding. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's forfeiture proceeding IS TERMINATED. 7. IT IS FURTHER ORDERED that CSI shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at (202)
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- the Rules. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, 127, Inc.'s petition for reconsideration of the September 6, 2006 Forfeiture Order IS hereby DENIED. 13. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, 127, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of sixteen thousand eight hundred dollars ($16,800) for violation of Sections 73.1125(a), 73.1745, and 73.3526(a) of the Rules. 14. Payment of the $16,800 forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, Jose A. Mollinedo's Petition for Reconsideration, filed February 13, 2006, IS GRANTED TO THE EXTENT INDICATED HEREIN AND DENIED IN ALL OTHER RESPECTS. 6. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Jose A. Mollinedo IS LIABLE FOR A MONETARY FORFEITURE in the amount of five hundred dollars ($500) for violations of Section 301 of the Act. 7. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- nullify or mitigate any prior forfeitures or violations. Finally, we also decline to reduce the proposed forfeiture based on WADV's history of compliance. WADV previously has received three Notices of Violation, two of which included violations for over-powered operation. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, WADV Radio, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 73.1745(a) of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order.
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- to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation of the $7,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ben Metzger dba 1 Stop Communications / 1 Stop CB Shop IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 302(b) of the Act and 2.803(a) of the Rules. 17. Payment of the forfeiture shall be made in the manner provided for
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- with the Forfeiture Policy Statement. As a result of our review, we conclude that Rama willfully and repeatedly violated Sections 11.35(a) and 73.49 of the Rules and that no reduction of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Rama Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violation of Sections 11.35(a) and 73.49 of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- questions of fact as to whether the Stations posses the basic qualifications, including character qualifications, to remain a Commission licensee. Furthermore, we find that the Notice of Apparent Liability issued in this proceeding is null and void. 4. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED and the Notice of Apparent Liability IS CANCELLED. 5. IT IS FURTHER ORDERED that the above-captioned investigation into the matters described herein is terminated. 6. IT IS FURTHER ORDERED that copies of this order shall be sent by regular first class mail and certified mail - return
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NMI possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. 4. IT IS FURTHER ORDERED that the "Complaint" dated December 9, 2005, alleging violation of the Underwriting Laws by NMI, IS DISMISSED. 5. IT IS FURTHER ORDERED that the investigation by the Enforcement Bureau IS TERMINATED. 6. IT IS FURTHER ORDERED that copies of this Order shall be
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- a downward adjustment of the proposed forfeiture from $10,000 to $8,000 is warranted because Lockheed Martin made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Lockheed Martin IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of eight thousand dollars ($8,000) for the willful and repeated violation of Section 301 of the Act and Section 25.102(a) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of
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- deny the Petition. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, Farmworkers Educational Radio Network, Inc.'s Petition for Reconsideration, filed July 31, 2006, IS DENIED. 14. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Farmworkers Educational Radio Network, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35 of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- may require. We conclude that the violation here primarily occurred due to inadequate planning and control, and not due to a deliberate attempt to deceive and that the base forfeiture amount of $4,000 is appropriate in this case. IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Saga Communications of New England, L.L.C., is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 73.1216 of the Commission's rules. 10. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release
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- the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require." Having considered these factors, we find that a $4,000 proposed forfeiture is appropriate in this case. V. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Entercom Wichita License, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 73.1216 of the Commission's rules. 10. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release of this
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- that the Licensee aired the conversation on at least three separate occasions, January 7, 10 and 11, 2005. Therefore, we believe that an upward adjustment of the base forfeiture amount is appropriate, and propose a forfeiture of $8,000. I. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules that WMGO Broadcasting Corp., Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $15,000 for willfully and repeatedly violating Section 73.1206 of the Commission's rules. 12. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules that within thirty (30) days of the release of this
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- matters as justice may require. After considering the record, the factors contained in Section 503(b)(2)(D) of the Act, 47 U.S.C. S 503(b)(2)(D), and the Forfeiture Policy Statement, we believe that a $4,000 forfeiture is appropriate in this case. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that CBS Radio Inc. of Philadelphia, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $3,000 for willfully and repeatedly violating Section 73.1216 of the Commission's rules. 11. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release of
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- forfeiture is appropriate in this case. Specifically, we conclude that the violation occurred due to inadequate planning and control, and not due to a deliberate attempt to deceive or to favor a particular contestant or class of contestants. V. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Commission's rules, that Access 1 New Jersey License Company, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for willfully and repeatedly violating section 73.1216 of the Commission's rules. 12. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty (30) days of the
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- or material questions of fact as to whether Midwest possess the basic qualifications, including character qualifications, to remain a Commission licensee. Furthermore, we find that the Notice of Apparent Liability issued in this proceeding is null and void. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED and the Notice of Apparent Liability IS CANCELLED. IT IS FURTHER ORDERED that the above-captioned investigation into the matters described herein is terminated. 6. IT IS FURTHER ORDERED that copies of this order shall be sent by regular first class mail and certified mail - return receipt
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- to pay a forfeiture. We have reviewed the federal tax returns submitted by Truatt and find that the forfeiture, as reduced, represents a percentage of gross income that falls within the range that has been found acceptable. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Frank R. Truatt IS LIABLE FOR A MONETARY FORFEITURE in the amount of nine thousand six hundred dollars ($9,600) for willful and repeated violation of Sections 11.35(a), 73.1590(a)(6), and 73.3526(e)(12) of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty
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- we believe a $36,000 forfeiture is appropriate for Sinclair's violations. This represents the base amount for the single broadcast of the ABF program over each of the nine above-captioned Sinclair stations on September 11 or 12, 2004. I. Ordering clauses 19. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Sonshine is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of Forty Thousand Dollars ($40,000) for willfully and repeatedly violating Section 317(a)(1) of the Act and Section 73.1212(a) of the Commission's rules. 20. IT IS FURTHER ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended,
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- be assessed or should be reduced. The NAL was sent by certified mail to LocateCell's last known address. LocateCell has not filed a response to the NAL nor has LocateCell paid the proposed forfeiture amount. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 180(f)(4) of the Rules, LocateCell IS LIABLE FOR A MONETARY FORFEITURE in the amount of ninety-seven thousand five hundred dollars ($97,5000) for willfully and repeatedly violating Section 503 of the Act and Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the forfeiture is not paid within the period specified, the
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- each of the nine models of devices, for an aggregate proposed forfeiture of $63,000. Consistent with precedent, we have considered the statutory factors set forth above and conclude that no adjustment of the proposed forfeiture from the aggregate base amount is warranted. IV. Ordering CLauses 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Austin Hughes Solutions, Inc., IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of sixty-three thousand dollars ($63,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a)(2) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) days
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- that Hawking imported and sold and the fact that the violations continued over a 12-month period. Accordingly, applying the Forfeiture Policy Statement and statutory factors to the instant case, we conclude that Hawking is apparently liable for a $50,000 forfeiture. IV. ORDERING CLAUSES 28. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Hawking Technologies, Inc., IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifty thousand dollars ($50,000) for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803(a) and 15.204(d) of the Rules. 29. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty
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- and disregard for these rules, meriting a larger forfeiture amount based on the company's culpability. Accordingly, we propose an aggregate forfeiture of $150,000 for Ramko's apparent willful and repeated violation of Section 302(b) of the Act and Section 2.803 of the Rules. IV. Ordering CLauses 24. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Ramko Distributors, Inc., IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of one hundred fifty thousand dollars ($150,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803 of the Rules. 25. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30)
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- Such conduct is unfair to other applicants and clearly undermines the integrity and success of the Commission's auctions. Prohibiting such communications between applicants during the proscribed auction period protects a valid governmental interest without infringing unduly on the First Amendment rights of auction participants. A. The Enforcement Bureau Has Jurisdiction To Enforce The Anti-Collusion Rules 20. Northeast argues that section 0.111 of the Commission's rules denies the Enforcement Bureau jurisdiction to render a forfeiture order against it because this matter is related "to a pending application for a license." Section 0.111(a) of the Commission's rules conveys to the Enforcement Bureau the primary responsibility for enforcement functions related to certain Commission rules and regulations. Contrary to Northeast's implication, by enforcing the anti-collusion
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- including those related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and the authority delegated by section 0.111 and 0.311 of the Commission's Rules, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the Enforcement Bureau's investigation is terminated. 7. IT IS FURTHER ORDERED that Rajant shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order of
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- Claro willfully and repeatedly violated Section 73.1125(a) of the Rules and repeatedly violations Section 73.1745(a) of the Rules. However, we reduce the forfeiture for these violations to $8,800, based on Claro's history of compliance with the Rules. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Claro Communications, LTD. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand eight hundred dollars ($8,800) for violation of Sections 73.1125 and 73.1745 of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. S:S: 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S: 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that the Joint Request to Withdraw Complaint with Prejudice IS GRANTED. 5. 10. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. S:S: 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S: 1.1401-1.1418, and the authority
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- numbers on the National Do-Not-Call registry. We have further determined that AZ Prime One Mortgage Corporation is apparently liable for a forfeiture in the amount of $20,000.00. 11. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that AZ Prime One Mortgage Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $20,000.00 for willful or repeated violations of section 64.1200(c)(2) of the Commission's rules, 47 C.F.R. S: 64.1200(c)(2), and the related orders described in the paragraphs above. 12. IT IS
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- is warranted for an inability to pay. Accordingly, we find that Side by Side willfully and repeatedly violated Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules and that a forfeiture in the amount of $5,200 is appropriate. IV. ORDERING Clauses 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Side by Side, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand two hundred dollars ($5,200) for willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. 11. Payment of the forfeiture must be made by check or similar instrument, payable to
- http://www.fcc.gov/eb/Orders/2008/DA-08-1070A1.html
- a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Whitley. Whitley has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Trevor Whitely IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Account Number and
- http://www.fcc.gov/eb/Orders/2008/DA-08-1073A1.html
- a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $17,000 to Clemons. Clemons has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Charles Clemons IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Account Number and
- http://www.fcc.gov/eb/Orders/2008/DA-08-1092A1.html
- a good overall prior compliance record, and because partial reduction is appropriate for excluding the announcement permissibly made on behalf of The School House, we will reduce the forfeiture amount proposed in the NAL from $20,000 to $9,000. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, that Christian Voice of Central Ohio, Inc., licensee of then-noncommercial educational Station WCVZ(FM), South Zanesville, Ohio, FORFEIT to the United States the sum of Nine Thousand Dollars ($9,000) for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. S: 399b, and Section 73.503(d) of the Commission's rules,
- http://www.fcc.gov/eb/Orders/2008/DA-08-112A1.html
- including all potential sources of income. We have reviewed the personal income tax returns submitted by Ramos and we find that the forfeiture represents a percentage of gross income that falls within the range that has been found acceptable. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Eliandro B. Ramos IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order.
- http://www.fcc.gov/eb/Orders/2008/DA-08-1143A1.html
- the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $3,200 is warranted, based on ASA's history of compliance. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, ASA Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand two hundred dollars ($3,200) for violation of Section 73.1745(a) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
- http://www.fcc.gov/eb/Orders/2008/DA-08-1157A1.html
- evidence relating to these matters, we conclude that our investigations raise no substantial or material questions of fact as to whether Custer possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Peter M. Connolly, Esq., Holland & Knight
- http://www.fcc.gov/eb/Orders/2008/DA-08-1176A1.html
- Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Trent B. Harkrader Deputy Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Anthony E. Kaplan, Esq., Supervisory Assistant United States Attorney Calvin B. Kurimai, Esq., Assistant United States Attorney See 47 C.F.R. S:S: 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Thomas J. Kennedy III, Notice of Suspension and Initiation of Debarment Proceedings, 23 FCC Rcd 1669 (Inv. & Hearings Div., Enf. Bur. 2008) (Attachment 1). 73 Fed. Reg. 12733 (March 10, 2008). See Notice of Suspension, 23 FCC Rcd at 1670-72. See
- http://www.fcc.gov/eb/Orders/2008/DA-08-1177A1.html
- Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Anthony E. Kaplan, Esq., Supervisory Assistant United States Attorney Calvin B. Kurimai, Esq., Assistant United States Attorney See 47 C.F.R. S:S: 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Keith J. Madeiros, Notice of Suspension and Initiation of Debarment Proceedings, 23 FCC Rcd 465 (Inv. & Hearings Div., Enf. Bur. 2008) (Attachment 1). 73 Fed. Reg. 18797 (April 7, 2008). See Notice of Suspension, 23 FCC Rcd at 466-68. See 47
- http://www.fcc.gov/eb/Orders/2008/DA-08-1178A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether WTI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that WTI shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the Order
- http://www.fcc.gov/eb/Orders/2008/DA-08-1179A1.html
- ("Allan Green Judgment"), Substitute Information (N.D.Cal. filed Apr. 9, 2007 and entered Apr. 10, 2007) ("Allan Green Substitute Information"). See United States v. Video Network Communications, Inc. et al., Criminal Docket No. 3:05-CR-00208-CRB, Superseding Indictment (N.D.Cal. filed Dec. 8, 2005 and entered Dec. 12, 2005); http://www.usdoj.gov/atr/cases/f213600/213626.htm (accessed May 1, 2008) ("VNCI Superseding Indictment"). 47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
- http://www.fcc.gov/eb/Orders/2008/DA-08-1180A1.html
- Nelson, Criminal Docket No. 3:05-CR-00208-CRB-011, Judgment (N.D.Cal. filed and entered Mar. 21, 2008) ("Earl Nelson Judgment"). See United States v. Video Network Communications, Inc. et al., Criminal Docket No. 3:05-CR-00208-CRB, Superseding Indictment at P:P: 79-80 (N.D.Cal. filed Dec. 8, 2005 and entered Dec. 12, 2005); http://www.usdoj.gov/atr/cases/f213600/213626.htm (accessed May 1, 2008) ("VNCI Superseding Indictment"). 47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
- http://www.fcc.gov/eb/Orders/2008/DA-08-1181A1.html
- Marchelos, Criminal Docket No. 3:05-CR-00208-CRB-009, Judgment (N.D.Cal. filed and entered Apr. 10, 2008) ("George Marchelos Judgment"). See United States v. Video Network Communications, Inc. et al., Criminal Docket No. 3:05-CR-00208-CRB, Superseding Indictment at P:P: 72-88 (N.D.Cal. filed Dec. 8, 2005 and entered Dec. 12, 2005), http://www.usdoj.gov/atr/cases/f213600/213626.htm (accessed May 1, 2008) ("VNCI Superseding Indictment"). 47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
- http://www.fcc.gov/eb/Orders/2008/DA-08-1182A1.html
- Esq., Universal Service Administrative Company (via e-mail) Michael Wood, Antitrust Division, United States Department of Justice (via mail) Any further reference in this letter to "your conviction" refers to your twenty-two count conviction. United States v. Judy Green, Criminal Docket No. 3:05-CR-00208-WHA-007, Judgment (N.D.Cal. filed and entered March 19, 2008) ("Judy Green Judgment"). 47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
- http://www.fcc.gov/eb/Orders/2008/DA-08-1183A1.html
- Apr. 9, 2008) ("Holman Judgment"), Substitute Information (N.D.Cal. filed and entered Apr. 5, 2007) ("Holman Substitute Information"). See also generally United States v. Video Network Communications, Inc. et al., Criminal Docket No. 3:05-CR-00208-CRB, Superseding Indictment (N.D.Cal. filed Dec. 8, 2005 and entered Dec. 12, 2005), http://www.usdoj.gov/atr/cases/f213600/213626.htm (accessed May 1, 2008) ("VNCI Superseding Indictment"). 47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
- http://www.fcc.gov/eb/Orders/2008/DA-08-1186A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Choice possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Sylvia Lesse, Esq., Counsel for Choice
- http://www.fcc.gov/eb/Orders/2008/DA-08-1187A1.html
- conclude that Southern willfully and repeatedly violated Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $800 is warranted. IV. ORDERING CLAUSES 16. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Southern New Mexico Radio Foundation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $800 for willfully and repeatedly violating Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules. 17. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
- http://www.fcc.gov/eb/Orders/2008/DA-08-1188A1.html
- Office prior to the NAL, and the substantial reduction of the proposed forfeiture based on a demonstrated inability to pay, we caution the Campos that any new violations would mitigate against forfeiture reduction in the future. IV. ORDERING CLAUSES 17. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Martha S. and Miguel G. Campos, ARE LIABLE FOR A MONETARY FORFEITURE in the amount of $800 for willfully violating Section 301 of the Act. 18. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
- http://www.fcc.gov/eb/Orders/2008/DA-08-1189A1.html
- the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $350 is warranted, based on demonstrated inability to pay. IV. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Richard Ross IS LIABLE FOR A MONETARY FORFEITURE in the amount of three hundred fifty dollars ($350) for violation of Section 301 of the Act. 18. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
- http://www.fcc.gov/eb/Orders/2008/DA-08-1190A1.html
- the Enforcement Bureau ("Tampa Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $8,000 to Phillips. Phillips has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Phillips Broadcasting, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for violation of Section 73.3526 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
- http://www.fcc.gov/eb/Orders/2008/DA-08-1205A1.html
- need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j), 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. S:S: 1.720-1.736, and the authority delegated in sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that the Joint Stipulation of Dismissal IS GRANTED. 5. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j), 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. S:S: 1.720-1.736, and the authority delegated in sections
- http://www.fcc.gov/eb/Orders/2008/DA-08-1209A1.html
- our review, we conclude that BCBA willfully and repeatedly violated Section 73.1745(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $3,200 is warranted. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Boulder Community Broadcast Association, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for willfully and repeatedly violating Section 73.1745(a) of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
- http://www.fcc.gov/eb/Orders/2008/DA-08-1225A1.html
- Section 303(q) of the Act, and Sections 17.51(a), 17.47(a), 17.48, and 17.57 of the Rules. Considering the entire record and the factors listed above, we find that no reduction of the proposed $13,000 forfeiture is warranted. IV. ORDERING CLAUSES 23. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Western Slope Communications, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $13,000 for repeatedly violating Section 303(q) of the Act, and Sections 17.51(a), 17.47(a), 17.48, and 17.57 of the Rules. 24. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
- http://www.fcc.gov/eb/Orders/2008/DA-08-1226A1.html
- San Diego Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $4,000 to Action. Despite evidence that Action received the NAL, Action has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Action Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Sections 308(b) and 403 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
- http://www.fcc.gov/eb/Orders/2008/DA-08-1299A1.html
- Power Radio to submit a report within 30 days of the release of this Order certifying that it has ceased all marketing of the AMT3000 AM "Assembled" and "Simplified" transmitter kits, except to the extent that it is directly exporting these devices. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Liam Patrick Ryan d/b/a L.P. Ryan / Low Power Radio IS LIABLE FOR A MONETARY FORFEITURE in the amount of six hundred ten dollars ($610) for willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 12. Payment of the forfeiture must be made by check or similar
- http://www.fcc.gov/eb/Orders/2008/DA-08-129A1.html
- 2007 guilty plea and subsequent conviction of mail fraud. United States v. Keith J. Madeiros., Criminal Docket No. 3:07-CR-29-RNC-2, Plea Agreement (D. Conn. filed Feb. 13, 2007 and entered Feb. 15, 2007) ("Madeiros Plea Agreement"); United States v. Keith J. Madeiros, 3:07-CR-29-RNC-2, Judgment (D. Conn. filed and entered Dec. 10, 2007) ("Madeiros Judgment"). 47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
- http://www.fcc.gov/eb/Orders/2008/DA-08-1322A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CapRock possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that CapRock shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the Order
- http://www.fcc.gov/eb/Orders/2008/DA-08-1336A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Unicom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. 7. IT IS FURTHER ORDERED that Unicom Communications, L.L.C. shall make its voluntary contribution to the United States Treasury, as specified in the Consent
- http://www.fcc.gov/eb/Orders/2008/DA-08-1349A1.html
- to the one consumer identified in the Appendix. We have further determined that Atlas Advertising, Inc. is apparently liable for a forfeiture in the amount of $4,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Atlas Advertising, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
- http://www.fcc.gov/eb/Orders/2008/DA-08-1350A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether WNYC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaint against WNYC Radio before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree IS DISMISSED. 8. IT IS
- http://www.fcc.gov/eb/Orders/2008/DA-08-1354A1.html
- to the four consumers identified in the Appendix. We have further determined that So Clean Inc. is apparently liable for a forfeiture in the amount of $18,000. 10. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that So Clean Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $18,000 for willful or repeated violations of section 227(b)(1)(B) of the Communications Act, 47 U.S.C. S: 227(b)(1)(B), sections 64.1200(a)(2) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(2), and the related orders
- http://www.fcc.gov/eb/Orders/2008/DA-08-1366A1.html
- by failing to provide a written response to the Commission in response to an informal complaint. Accordingly, a proposed forfeiture is warranted against Defendant for this apparent willful or repeated violation. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, that Global Access, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000.00 for willfully or repeatedly failing to respond to the informal complaint served by the Commission, in violation of section 1.717 of the Commission's rules. 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within
- http://www.fcc.gov/eb/Orders/2008/DA-08-1373A1.html
- advertisements to the four consumers identified in the Appendix. We have further determined that America's Toner is apparently liable for a forfeiture in the amount of $18,000. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that America's Toner is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $18,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders described
- http://www.fcc.gov/eb/Orders/2008/DA-08-1376A1.html
- the consumer identified in the Appendix. We have further determined that Secured Finance & Investments, Inc. is apparently liable for a forfeiture in the amount of $4,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Secured Finance & Investments, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the
- http://www.fcc.gov/eb/Orders/2008/DA-08-1377A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Variety possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that Variety Wholesalers, Inc. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to
- http://www.fcc.gov/eb/Orders/2008/DA-08-1378A1.html
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Big Lots possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED THAT Big Lots shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the
- http://www.fcc.gov/eb/Orders/2008/DA-08-1379A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Conn's possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that Conn's, Inc. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether BJ's possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that BJ's Wholesale Club, Inc. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable
- http://www.fcc.gov/eb/Orders/2008/DA-08-1382A1.html
- registered his telephone number on the National Do-Not-Call registry. We have further determined that Timeshare Register is apparently liable for a forfeiture in the amount of $20,000. 11. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Timeshare Register is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $20,000 for willful or repeated violations of section 64.1200(c)(2) of the Commission's rules, 47 C.F.R. S: 64.1200(c)(2), and the related orders described in the paragraphs above. 12. IT IS FURTHER ORDERED THAT,
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- to the one consumer identified in the Appendix. We have further determined that American Locators, Inc. is apparently liable for a forfeiture in the amount of $4,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that American Locators, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Northland possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that Northland Cable Ventures, LLC shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable
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- to the three consumers identified in the Appendix. We have further determined that First Alliance Security is apparently liable for a forfeiture in the amount of $13,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that First Alliance Security is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $13,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- the four consumers identified in the Appendix. We have further determined that Coastal Steel Structures, Inc. is apparently liable for a forfeiture in the amount of $18,000. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Coastal Steel Structures, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $18,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related
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- to the two consumers identified in the Appendix. We have further determined that Cost Crunch, Inc. is apparently liable for a forfeiture in the amount of $13,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Cost Crunch, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $13,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- advertisements to the consumers identified in the Appendix. We have further determined that Modena Advertising, Inc. is apparently liable for a forfeiture in the amount of $18,000. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Modena Advertising, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $18,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Rent-A-Center possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that Rent-A-Center, Inc. shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Lamkin possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. 4. IT IS FURTHER ORDERED that the above captioned matter IS TERMINATED. 5. IT IS FURTHER ORDERED that Lamkin Corporation shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order of
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- Policy Statement. As a result of our review, we conclude that Omni willfully and repeatedly violated Section 11.35(a) of the Rules. We find no basis for cancellation or reduction of the $8,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Omni Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35(a) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- that Broadcasters willfully and repeatedly violated Section 11.35(a) of the Rules. However, we reduce the forfeiture for this violation to $5,000, based on Broadcasters' history of compliance with the Rules and its inability to pay the forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, FM 92 Broadcasters, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for violation of Section 11.35 of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Trent Harkrader Deputy Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Duncan S. Currie, Esq., Chief, Dallas Field Office, Antitrust Division, Department of Justice See 47 C.F.R. S:S: 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Rafael G. Adame, Notice of Suspension and Initiation of Debarment Proceedings, 23 FCC Rcd 5518 (Inv. & Hearings Div., Enf. Bur. 2008) (Attachment 1). 73 Fed. Reg. 24287 (May 2, 2008). See Notice of Suspension, 23 FCC Rcd at 5519-21. See 47
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- for reconsideration persuasive and deny it. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 405(b) of the Communications Act of 1934, as amended, and Section 1.106(f) of the Commission's Rules, the petition for reconsideration filed by Claro Communications, LTD. IS DENIED. 10. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Claro Communications, LTD. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand eight hundred dollars ($8,800) for violation of Section 73.1125 and 73.1745 of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- York, we remind Ms. Rodriguez that prior knowledge of the law is not necessary in determining whether a violation existed. As a licensee, Ms. Rodriguez will be held responsible for any future violations of the Commission's rules. III. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the Notice of Apparent Liability for Forfeiture issued to Family Car Service, Inc. is HEREBY CANCELLED. 6. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Lillian Rodriguez at her address of record and to counsel for Lillian Rodriguez at
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Atlantic Aviation possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that Atlantic Aviation shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Farmworker possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. 4. IT IS FURTHER ORDERED that the above captioned matter IS TERMINATED. 5. IT IS FURTHER ORDERED that Farmworker Educational Radio Network, Inc., shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to
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- to the consumer identified in the Appendix. We have further determined that General Equipment & Supply is apparently liable for a forfeiture in the amount of $4,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that General Equipment & Supply is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related
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- a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Clouden. Clouden has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Richard Clouden IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Account Number and
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- Bureau ("Tampa Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $18,000 to Mr. Doe. Mr. Doe has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, John Doe IS LIABLE FOR A MONETARY FORFEITURE in the amount of $18,000 for violation of Sections 301 and 325 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $8,100 is warranted, based on demonstrated inability to pay. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Halifax Christian Community Church, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand one hundred dollars ($8,100) for violation of Section 73.845 of the Rules and Section 301 of the Act. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
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- New York Field Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Rodriguez. Rodriguez has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Frank Rodriguez IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301of the Act. 4. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Account Number and FRN
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- the Enforcement Bureau ("Atlanta Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $12,000 to D-Mitch. D-Mitch has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, D-Mitch Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,000 for violation of Sections 11.35 and 73.3526 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- advertisement to the consumer identified in the Appendix. We have further determined that Y Pay More is apparently liable for a forfeiture in the amount of $9,000. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Y Pay More is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- not have a lock shows a level of neglect that negates any effort prior to the inspection that might have warranted a good faith reduction. Consequently, we decline to reduce the forfeiture amount on this basis. IV. ORDERING CLAUSES 8. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Radio Plus, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 73.49 of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- the process of assembling and prioritizing creditors' claims against Twin Towers Broadcasting, Inc. Owner asserts that requiring full payment of the forfeiture would harm innocent creditors. Based on the totality of the circumstances, we cancel the NAL. IV. ORDERING CLAUSES 3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, the Notice of Apparent Liability for Forfeiture issued to David Ryder, Receiver for violation of Sections 17.4(g) and 17.50 of the Rules IS HEREBY CANCELED. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested to David Ryder, Receiver at
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Viaero possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Mike Felicissimo, Executive Vice-President, NE Colorado
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- case. We have examined the Response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that the CBS willfully violated Section 73.1216 of the Commission's Rules. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's Rules, CBS Radio Inc. of Philadelphia IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willful violation of Section 73.1216 of the Commission's Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- Network continues to operate its station as of July 14, 2008, without a license. Christian Family Network's failure to immediately cease operation of the station may result in further monetary fines and other more serious sanctions. IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Christian Family Network, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Licensee possesses the basic qualifications including, but not limited to, those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act and Sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against Sunshine Broadcasters, Inc. before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT
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- to the two consumers identified in the Appendix. We have further determined that Ureach Technologies, Inc. is apparently liable for a forfeiture in the amount of $9,000. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Ureach Technologies, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- from the date of violation. Accordingly, because it is not clear from the record before us whether Ryzex marketed the modified PDT6842s after 2006, we will not propose a forfeiture for marketing this model. We find, however, that an admonishment is warranted. iV. ordering clauses 20. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Ryzex, Inc., IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for marketing two models of improperly labeled PDTs in willful and repeated violation of Section 302(a) of the Act and Section 2.803(a) of the of the Rules. 21. IT IS FURTHER ORDERED that Ryzex IS
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- E970116. Finally, ABS-CBN's assertion that it did not create any interference with other licensees during the period of unauthorized operation is unavailing. It is well established that the absence of public harm is not considered a mitigating factor for a rule violation. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, ABS-CBN International, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Commission's Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80
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- identified in the Appendix. We have further determined that Tri-State Printer & Copier Supply Co., Inc. is apparently liable for a forfeiture in the amount of $9,000. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Tri-State Printer & Copier Supply Co., Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3),
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- learning from staff that no authority had been obtained for its U.S. VSAT operations, and upon staff directive to file an application requesting Commission authority as soon as possible, that Able Infosat took corrective actions to come into compliance with Commission rules. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Able Infosat Communications, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for the willful and repeated violation of Section 301 of the Act and Section 25.201(a) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within
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- response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis to reduce the $4,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Friendship Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.3527 of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- advertisements to the four consumers identified in the Appendix. We have further determined that Amerilist, Inc. is apparently liable for a forfeiture in the amount of $18,000. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Amerilist, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $18,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders described
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- a downward adjustment of the proposed forfeiture from $6,500 to $5,200 is warranted because Side by Side made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Side by Side, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Commission's Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Airadigm possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Todd B. Lantor, Esq., Lukas, Nace,
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- an EAS test or actual emergency, whether intentional or accidental, compromises the integrity of the EAS system. Accordingly, we conclude that Cox Radio station WKHK is apparently liable for a $5,000 forfeiture for its willful violation of Section 11.32(a)(9)(v) of the Rules. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Cox Radio, Inc., licensee of FM Radio Station WKHK, IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of five thousand dollars ($5,000) for willful violation of Section 11.32(a)(9)(v) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release
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- to these matters, we conclude that our investigations raise no substantial or material questions of fact as to whether IT&E possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED and that the Notice of Apparent Liability for Forfeiture IS CANCELLED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified
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- (3) some other reliable and objective documentation that accurately reflects the respondent's current financial status. Despite this explicit direction, Discovery has provided no documentation to support its claim that payment of the forfeiture will be burdensome. III. ORDERING CLAUSES 5. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Discovery Transportation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. 6. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If
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- a downward adjustment of the proposed aggregate forfeiture from $6,500 to $5,200 is warranted because Saga made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. IV. ordering clauses 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Saga IS hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of five thousand, two hundred dollars ($5,200) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within
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- with the Commission's Rules regarding the CB radio service. We caution Barber that failure to allow this inspection by the Portland Resident Agent Office will result in further sanctions and forfeitures for violation of Section 303(n) of the Act and Section 95.426(a) of the Rules. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jeremy William Barber, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully violating Section 303(n) of the Act, and Section 95.426(a) of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- CB transceivers in violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. Despite evidence that Kersnowski and his counsel received the NAL, Kersnowski has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Michael T. Kersnowski, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- of our review, we conclude that Bennett Broadcasting repeatedly violated Section 73.1125(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $5,600 is warranted. IV. ORDERING CLAUSES 18. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Christopher H. Bennett Broadcasting of Washington, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,600 for repeated violations of Section 73.1125(a) of the Rules. 19. IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the
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- financial hardship on A-O. Therefore, we conclude that cancellation of the forfeiture is warranted. Nevertheless, we find that it is appropriate to admonish A-O for its willful and repeated violation of Section 301 of the Act. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, that the proposed forfeiture in the amount of ten thousand dollars ($10,000) issued to A-O Broadcasting Corporation, in the April 23, 2004, Notice of Apparent Liability for willful and repeated violations of Section 301 of the Act IS CANCELLED. 14. IT IS FURTHER ORDERED that A-O Broadcasting Corporation, IS ADMONISHED for its willful
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- Bureau's Seattle Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $7,000 to Grinton. Despite repeated contacts by the Seattle Office, Grinton has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, James J. Grinton, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 97.113(b) and Section 97.119(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- First Baptist willfully and repeatedly violated Sections 11.35(a) and 73.1125(a) of the Rules. However, we reduce the forfeiture for these violations to $2,000, based on First Baptist's inability to pay and history of compliance with the Rules. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, First Baptist Church, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for violation of Sections 11.35 and 73.1125 of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- to MBR for failing to maintain a complete public inspection file, in violation of Section 73.3526 of the Rules. Despite evidence that MBR received the NAL, MBR has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, MBR Licensee, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 73.3526 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Michael Wood, Antitrust Division, United States Department of Justice (via mail) See 47 C.F.R. S:S: 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Allan Green, Notice of Suspension and Initiation of Debarment Proceedings, 23 FCC Rcd 8211 (Inv. & Hearings Div., Enf. Bur. 2008) (Attachment 1). 73 Fed. Reg. 32579 (June 9, 2008). See Notice of Suspension, 23 FCC Rcd at 8212-14. See 47 C.F.R.
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- unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Michael Wood, Antitrust Division, United States Department of Justice (vial mail) See 47 C.F.R. S:S: 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Earl Nelson, Notice of Suspension and Initiation of Debarment Proceedings, 23 FCC Rcd 8215 (Inv. & Hearings Div., Enf. Bur. 2008) (Attachment 1). 73 Fed. Reg. 32581 (June 9, 2008). See Notice of Suspension, 23 FCC Rcd at 8216-18. See 47 C.F.R.
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- unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Michael Wood, Antitrust Division, United States Department of Justice (via mail) See 47 C.F.R. S:S: 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. George Marchelos, Notice of Suspension and Initiation of Debarment Proceedings, 23 FCC Rcd 8219 (Inv. & Hearings Div., Enf. Bur. 2008) (Attachment 1). 73 Fed. Reg. 32577 (June 9, 2008). See Notice of Suspension, 23 FCC Rcd at 8220-22. See 47 C.F.R.
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- Lee is unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Michael Wood, Antitrust Division, United States Department of Justice See 47 C.F.R. S:S: 0.111(a)(14), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. William Holman, Notice of Suspension and Initiation of Debarment Proceedings, 23 FCC Rcd 8228 (Inv. & Hearings Div., Enf. Bur. 2008) (Attachment 1); see 73 Fed. Reg. 36082 (Jun. 25, 2008). Letter from Walter F. Brown, Jr., Orrick, Herrington & Sutcliffe, LLP
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Knology, Inc. possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Chip Yorkgitis, Kelley Drye & Warren
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Vangard possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Marjorie Spivak, Esq., counsel for Vangard
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether OP or TVCC possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Bruce Olcott, Esq., Squire Sanders &
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- prejudice will serve the public interest by facilitating the resolution of the dispute among the appropriate parties. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j), and 208, sections 1.721-1.736 of the Commission's rules, 47 C.F.R. S:S: 1.721-1.736, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111 and 0.311, that the Motion to Dismiss IS GRANTED and the above-captioned complaint IS DISMISSED WITHOUT PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Motion to Dismiss Complaint Without Prejudice, File No. EB-08-MD-005 (filed Aug. 12, 2008)("Motion to Dismiss"). (Continued from previous page) (continued
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether WTCI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that WTCI shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order
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- numbering administration, and local number portability funds. Furthermore, Cardinal apparently has not filed a Form 499-A in connection with its interconnected VoIP service. The Enforcement Bureau intends to investigate Cardinal's compliance with these requirements and may take further enforcement action, if warranted. iV. ordering clauses 19. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Cardinal Broadband LLC IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for failing to provide compliant E911 service in willful and repeated violation of Section 9.5(b) of the Rules. 20. IT IS FURTHER ORDERED that Cardinal submit a report within 10 days of this NAL
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- provide substantially the same information requested in the first LOI. Accordingly, considering all of the enumerated factors and the particular circumstances of this case, we find that a forfeiture of $25,000 is warranted here for Cardinal's apparent willful violation of Section 1.17(a)(2). iV. ordering clauses 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Cardinal Broadband LLC IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for providing incorrect material factual information to the Commission in willful violation of Section 1.17(a)(2) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether GE MDS possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that GE MDS shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the
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- of unauthorized or non-compliant devices it marketed, for a total proposed forfeiture of $14,000. Consistent with precedent, we have considered the statutory factors set forth above and conclude that no adjustment of the proposed forfeiture from the aggregate base amount is warranted. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Microboards Technologies IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the
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- models is a separate, continuing violation. Based on the record of this proceeding and application of the statutory factors listed above, we propose a forfeiture of $14,000 for Leetek's unauthorized marketing of the model LTK-1400S and the model LTK-1700CT pager transmitter systems. iV. ordering clauses 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Leetek America, Inc. IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for marketing two pager transmitter systems that were unauthorized, in willful violation of Section 302(a) of the Act and Section 2.803(a) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80
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- above does not include these apparent violations. Nevertheless, we admonish DCS for marketing PDTs that were not labeled in accordance with Section 2.925(a)(1) of the Rules, in violation of Section 302(a) of the Act and Section 2.803(a) of the of the Rules. iV. ordering clauses 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, DCS, IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for marketing PDTs that were not labeled in accordance with Sections 2.909(d) and 15.19(a)(3) of the Rules, in willful and repeated violation of Section 302(a) of the Act and Section 2.803(a) of the Rules. 16. IT
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NOVA possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS CANCELLED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jeffrey E. Rummel, Esq., Counsel for
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- Commission licensee, Mathews Readymix is charged with the responsibility for knowing and complying with the terms of its authorizations, the Act and the Rules, including the requirement to timely renew the authorizations and maintain operating authority for its PLMRS station. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the rules, Mathews Readymix LLC IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand, two hundred dollars ($6,200) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of
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- the absence of material new evidence relating to these matters, we conclude that our investigations raise no substantial or material questions of fact as to whether CMDC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and sections 0.111 and 0.311 of Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Joan M. Griffin, Esq., Counsel for Comtech Mobile
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- and entered Oct. 9, 2007) ("Mello Plea Agreement"); United States v. Joseph E. Mello, 3:07-CR-00224 (RNC-1), Judgment (D.Conn. filed June 26, 2008 and entered June 30, 2008) ("Mello Judgment"). See also United States v. Joseph E. Mello, Criminal Docket No. 3:07-CR-00224 (RNC-1), Information (D. Conn. filed and entered Oct. 9, 2007) ("Mello Information"). 47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
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- CoachComm marketed unauthorized radio frequency equipment. Specifically, CoachComm marketed one system that included the same RF transmitter in both the wireless headsets and command stations. For the apparent marketing of this unauthorized device, CoachComm is apparently liable in the amount of $7,000. IV. ORDERING CLAUSES 1. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, CoachComm, LLC IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for the willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 2. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Sling possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against Sling before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER ORDERED that
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Wavetrend possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jeffrey L. Sheldon, Esq., Counsel for
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ViewSonic possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Mr. James Chu, CEO, ViewSonic Corporation,
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- of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Kissi. Despite evidence that Kissi received the NAL, Kissi has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Alexander Kissi IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301of the Act. 4. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Account Number and FRN
- http://www.fcc.gov/eb/Orders/2008/DA-08-2061A1.html
- of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Louis. Despite evidence that Louis received the NAL, Louis has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Yvon Louis IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301of the Act. 4. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Account Number and FRN
- http://www.fcc.gov/eb/Orders/2008/DA-08-2068A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TTE possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for TTE, Larry R. Sidman,
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- and repeatedly violated Section 73.3526 of the Rules by failing to maintain and make available a public inspection file. However, we reduce the forfeiture for this violation to $1,000, based on New World's demonstrated inability to pay. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, New World, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for violation of Section 73.3526 of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- Bureau ("Dallas Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $8,000 to Mr. Aulabaugh. Mr. Aulabaugh has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Mark V. Aulabaugh IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for violation of Section 73.3526 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- means of reaching them. The imminent nature of the DTV transition and its potential impact on unaware consumers further increases the importance of each and every educational opportunity. IV. ordering clauses 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Qwest IS LIABLE FOR A MONETARY FORFEITURE in the amount of fifty-one thousand dollars ($51,000) for willfully and repeatedly violating Section 54.418(a) of the Commission's rules. 13. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's rules, within thirty (30) days of the release date of this Notice of Apparent Liability
- http://www.fcc.gov/eb/Orders/2008/DA-08-2107A1.html
- Commission orders. We, therefore, see no reason to reduce the forfeiture amount proposed in the NAL and find that the Station is liable for a forfeiture amount of $25,000. IV. ordering clauses 19. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, that Channel 51 of San Diego, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willful or repeated violations of section 713 of the Act, 47 U.S.C. S: 713, and section 79.2(b)(1)(i) of the Commission's rules, 47 C.F.R. S: 79.2(b)(1)(i), as described in the paragraphs above. 20.
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Champion possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. 4. IT IS FURTHER ORDERED that the above captioned matter IS TERMINATED. 5. IT IS FURTHER ORDERED that Champion Cable, LLC, shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order
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- advertisement to the consumer identified in the Appendix. We have further determined that American Medical Services is apparently liable for a forfeiture in the amount of $4,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that American Medical Services is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
- http://www.fcc.gov/eb/Orders/2008/DA-08-2141A1.html
- registered his telephone number on the National Do-Not-Call registry. We have further determined that Timeshare Register is apparently liable for a forfeiture in the amount of $10,000. 11. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Timeshare Register is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000 for willful or repeated violations of section 64.1200(c)(2) of the Commission's rules, 47 C.F.R. S: 64.1200(c)(2), and the related orders described in the paragraphs above. 12. IT IS FURTHER ORDERED THAT,
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- to the three consumers identified in the Appendix. We have further determined that Clean Credit, Inc. is apparently liable for a forfeiture in the amount of $13,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Clean Credit, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $13,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- to the one consumer identified in the Appendix. We have further determined that Cost Crunch, Inc. is apparently liable for a forfeiture in the amount of $4,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Cost Crunch, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- to the consumer identified in the Appendix. We have further determined that Guardian Steel Buildings, Inc. is apparently liable for a forfeiture in the amount of $4,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Guardian Steel Buildings, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related
- http://www.fcc.gov/eb/Orders/2008/DA-08-2145A1.html
- unsolicited advertisement to the consumer identified in the Appendix. We have further determined that Universal Roofing is apparently liable for a forfeiture in the amount of $4,500.00. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Universal Roofing is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500.00 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders described
- http://www.fcc.gov/eb/Orders/2008/DA-08-2167A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether QueenB possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against QueenB before the Enforcement Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER ORDERED
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- 9. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $8,000 is warranted. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Lazer Licenses, LLC, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating Section 73.3526 of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- license's expiration date. In addition, we propose a $1,500 forfeiture for Richmond's failure to file the renewal application for station WPOG498 within the time period specified in Section 1.949(a) of the Rules. Thus, we propose an aggregate forfeiture of $6,500. I. ORDERING CLAUSES 1. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Richmond Association IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand, five hundred dollars ($6,500) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. 2. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether GAP Broadcasting possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Howard M. Liberman, Esquire, Drinker Biddle
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- requested two days after the response deadline passed. Misconduct of this type exhibits a disregard for the Commission's authority and hinders our investigative processes. We warn the Licensee that similar conduct in the future may result in sanctions. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, that Rejoynetwork, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,000 for violating Section 73.1206 of the Commission's rules. 16. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release date of this NAL, Rejoynetwork,
- http://www.fcc.gov/eb/Orders/2008/DA-08-2296A1.html
- the Enforcement Bureau ("Tampa Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $16,000 to Rama. Rama has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Rama Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $16,000 for violations of Sections 11.35(a) and 73.3526 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- each Licensee's ability to pay. Having considered the record in this case and the statutory factors identified above, we find that WXDJ Licensing and WSKQ Licensing are each apparently liable for a forfeiture in the amount of $16,000. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, that WXDJ Licensing, Inc. and WSKQ Licensing, Inc. are each hereby NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the amount of $16,000 each for violating Section 73.1206 of the Commission's rules. 11. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of
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- decision and must proceed with its proposed refund plan within sixty (60) days of such submission, provided the Enforcement Bureau approves Cox's proposed refund plan within thirty (30) days of Cox's submission. IV. ordering clauses 41. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Commissions Rules, Cox Communications, Inc. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful violation of Sections 76.1201, 76.640(b)(1)(i) and 76.640(b)(1)(v) of the Rules. 42. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release date of this
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- this decision and must proceed with its proposed refund plan within sixty (60) days of such submission provided the Enforcement Bureau approves TWC's proposed refund plan within thirty (30) days of TWC's submission. IV. ordering clauses 41. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, Oceanic Time Warner Cable, a division of Time Warner Cable, Inc. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful violation of Sections 76.1201, 76.640(b)(1)(i) and 76.640(b)(1)(v) of the Rules. 42. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within
- http://www.fcc.gov/eb/Orders/2008/DA-08-2301A1.html
- this decision and must proceed with its proposed refund plan within sixty (60) days of such submission provided the Enforcement Bureau approves TWC's proposed refund plan within thirty (30) days of TWC's submission. IV. ordering clauses 41. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, Oceanic Time Warner Cable, a division of Time Warner Cable, Inc. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willful violation of Sections 76.1201, 76.640(b)(1)(i) and 76.640(b)(1)(v) of the Rules. 42. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within
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- above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $1,600 is warranted, based on BK's history of compliance with the Rules. III. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, BK Towers, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand six hundred dollars ($1,600) for violation of Section 17.47(a) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
- http://www.fcc.gov/eb/Orders/2008/DA-08-2316A1.html
- unsolicited advertisement to the consumer identified in the Appendix. We have further determined that RMG Communications is apparently liable for a forfeiture in the amount of $4,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that RMG Communications is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders described
- http://www.fcc.gov/eb/Orders/2008/DA-08-2355A1.html
- in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $12,800 is warranted, based on Viva's remedial efforts prior to the agent's inspection. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Viva Communications Group, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,800 for willfully and repeatedly violating Sections 11.35(a), 73.1560(a), 73.1745(a), and 73.3526(e)(12) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- conclude that our investigations raise no substantial or material questions of fact as to whether Beasley possesses the basic qualifications including, but not limited to, those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-described investigations ARE TERMINATED and the referenced Notice of Apparent Liability IS CANCELLED. 7. IT IS FURTHER ORDERED that the third-party complaints against Station WQAM(AM) and WRXK-FM, and the informal objections against the renewal application for Station WQAM(AM)
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- these devices is a separate continuing violation. Accordingly, we find that a total proposed forfeiture in the amount of $14,000 is warranted for the marketing of unauthorized devices in violation of Section 302(b) of the Act and Section 2.803(a) of the Rules. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, XLNT Idea IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. 10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, within thirty days of the
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- advertisement to the consumer identified in the Appendix. We have further determined that Western Aviation, Inc. is apparently liable for a forfeiture in the amount of $4,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Western Aviation, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- that cancellation of the forfeiture is warranted, based solely on his lack of income. Because of the seriousness of the violation, however, we admonish Doe for his willful and repeated violation of Section 301 of the Act. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, that the Notice of Apparent Liability for Forfeiture issued to John Doe for violation of Section 301 of the Act IS HEREBY CANCELLED. 10. IT IS FURTHER ORDERED that John Doe IS ADMONISHED for his violation of Section 301 of the Act. 11. IT IS FURTHER ORDERED that a copy of this Order
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- Power willfully and repeatedly violated Sections 11.35(a) and 73.3526 of the Rules. However, we reduce the forfeiture for these violations to $1,500 based on Star Power's history of compliance with the Rules and documented inability to pay. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Star Power Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violation of Sections 11.35 and 73.3526 of the Rules. 14. IT IS FURTHER ORDERED that, the forfeiture in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the
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- further litigation and the expenditure of further time and resources of the parties and this Commission. 3. Accordingly, it is hereby ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j), 208, and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. S:S: 1.720-1.736, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that NewSouth's Complaint against BellSouth in the above-captioned proceeding IS DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau As a result of transactions consummated in 2004, NewSouth is now NuVox Communications, Inc. Notice and Joint Stipulation of Dismissal of Claims, File
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- facts, we are satisfied that the parties have shown good cause for granting their joint request to dismiss the complaint. 3. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. S:S: 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S: 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that the Joint Motion to Dismiss Formal Complaint with Prejudice IS GRANTED. 4. 10. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. S:S: 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S: 1.1401-1.1418, and the
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- related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the enforcement proceeding. 5. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 503(b) of the Act, and the authority delegated by Sections 0.111 and 0.311 of Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned enforcement proceeding IS TERMINATED. 7. IT IS FURTHER ORDERED that CLP shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Debt and Credit Management Center at
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- and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $6,400 is warranted, based on Black Crow's history of compliance with the Rules. III. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Black Crow Radio, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand four hundred dollars ($6,400) for violation of Sections 73.44(a) and 73.49 of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by adopting the Consent Decree, which terminates the investigation and cancels the NAL. 4. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned proceeding is TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) File
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- factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $1,500 is warranted, based on Mr. Allred's documented inability to pay. III. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Dale Lloyd Allred IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violations of Sections 301 and 333 of the Act. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- Ms. Bina is unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at Vickie.Robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Calvin B. Kurimai, Esq., Assistant United States Attorney Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) See 47 C.F.R. S:S: 0.111(a), 54.8. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Joseph Mello, Notice of Suspension and Initiation of Debarment Proceedings, DA 08-2041 (Inv. & Hearings Div., Enf. Bur., rel. Sept. 4, 2008) (Attachment 1). 73 Fed. Reg. 53868 (Sept. 17, 2008). See Notice of Suspension, 73 Fed. Reg. at 53869-70. See 47
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- private resolution of disputes and eliminating the need for further litigation and the expenditure of additional time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, and 1.1401-1.1418, that the Motion is GRANTED, and that this proceeding is TERMINATED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau From: Fujimoto, Shirley [mailto:sfujimoto@mwe.com] Sent: Thursday, November 13, 2008 9:45 PM To: Lia Royle Cc: Thomas, John D.; Lisa Saks;
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Honeywell possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Donna A. Balaguer, Esq., Fish & Richardson
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- a result of our review, we conclude that Perihelion willfully and repeatedly violated Sections 73.49, 73.1125(a) and 73.1201(a)(2) of the Rules. We find no basis for cancellation or reduction of the $15,000 forfeiture proposed for these violations. IV. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Perihelion Global, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Sections 73.49, 73.1125(a) and 73.1201(a)(2) of the Rules. 18. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- and repeatedly violated Sections 11.35 and 73.3526 of the Rules. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $7,000 is appropriate based on Broadcasters, Inc.'s demonstrated inability to pay. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, West Helena Broadcasters, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Sections 11.35 and 73.3526 of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- by Section 503(b)(2)(D) of the Act, the Forfeiture Policy Statement, and Section 1.80, we conclude that Courier is apparently liable for a forfeiture in the amount of $ 4,000 for violating Section 73.1206 of the Commission's rules. I. ORDERING CLAUSES 8. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules Courier Communications Corp. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for willfully violating Section 73.1206 of the Commission's rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty (30) days of the release of this Notice, Courier Communications Corp.
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- the Enforcement Bureau ("Tampa Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $25,000 to Rama. Rama has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Rama Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $25,000 for violations of Sections 17.50, 73.49, 73.1745(a) and 73.3526 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- required consumer disclosure is not as significant a violation as marketing an unauthorized or technically non-compliant device, we find that a downward adjustment from the base forfeiture amount to $4,000, an amount commensurate with the forfeiture imposed in similar cases, is warranted. IV. ordering clauses 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Multi-Tech Systems, Inc. IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for marketing a radio frequency device without including in the user manual the required consumer disclosure in willful and repeated violation of Section 302(a) of the Act and Sections 2.803(a)(2) and 15.105(a) of the
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- the Forfeiture Policy Statement. As a result of our review, we conclude that OMI repeatedly violated Section 17.47(a) of the Rules. We find no basis for cancellation or reduction of the $2,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ozark Media, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for violation of Section 17.47(a) of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- As a result of our review, we conclude that IBC willfully and repeatedly violated Sections 17.50 and 17.57 of the Rules. We find no basis for cancellation or reduction of the $13,000 forfeiture proposed for these violations. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, International Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violation of Sections 17.50 and 17.57 of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
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- for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. S:S: 1.720-1.736, and the authority delegated in sections 0.111, 0.311, of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that the Motion is GRANTED and the Complaint is DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Formal Complaint of Verizon, File No. EB-08-MD-004 (filed July 25, 2008) ("Complaint"). 47 U.S.C. S:S: 201, 203; 47 C.F.R. S: 61.26. Letter from Rashann R.
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- hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by adopting the Consent Decree, which terminates the investigation. 4. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-08-TC-2396 In the Matter of ) NAL/Acct. No. 200932170012 Startec Global Operating Company
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether AT&T possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. 7. IT IS FURTHER ORDERED that AT&T shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by
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- one unsolicited advertisement to the consumer identified in the Appendix. We have further determined that Rentex is apparently liable for a forfeiture in the amount of $4,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Rentex is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders described in
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Redflex possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against Redflex before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER ORDERED that
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Daystar possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaint against Daystar before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree IS DISMISSED. 8. IT IS FURTHER
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Western Slope possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. 4. IT IS FURTHER ORDERED that the above captioned matter IS TERMINATED. 5. IT IS FURTHER ORDERED that Western Slope Communications, LLC, shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the
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- the Act, we direct Visiplex to submit a report within 30 days of the date of this Notice of Apparent Liability for Forfeiture and Order verifying that it is no longer operating at variance from the terms of these licenses. IV. ORDERING CLAUSES 2. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Visiplex, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for the willful and repeated violation of Section 301 of the Act and Section 1.903(a) of the Rules. 3. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days
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- refers to your February 13, 2007 guilty plea and subsequent conviction of mail fraud. United States v. Thomas J. Kennedy III, Criminal Docket No. 3:07-CR-186 (RNC), Plea Agreement (D. Conn. filed Aug. 24, 2007 and entered Aug. 27, 2007) ("Kennedy Plea Agreement"), Judgment (D. Conn. filed and entered Jan. 24, 2008) ("Kennedy Judgment"). 47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
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- single light outages. In this regard, it was Forever's "omission" that resulted in its willful operation of a monitoring system that could not detect single light outages, in violation of Section 17.47 of the Commission's Rules. IV. ORDERING CLAUSES 7. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Forever of PA, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Sections 17.47, 17.48, and 17.51(a) of the Rules. 8. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the
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- number on the National Do-Not-Call registry. We have further determined that AZ Prime One Mortgage Corporation is apparently liable for a forfeiture in the amount of $10,000.00. 11. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that AZ Prime One Mortgage Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000.00 for willful or repeated violations of section 64.1200(c)(2) of the Commission's rules, 47 C.F.R. S: 64.1200(c)(2), and the related orders described in the paragraphs above. 12. IT IS
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- to the consumer identified in the Appendix. We have further determined that Business Payment Systems, LLC is apparently liable for a forfeiture in the amount of $24,500.00. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Business Payment Systems, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $24,500.00 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related
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- we conclude that AMERI-KING willfully and repeatedly violated Section 301 of the Act. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture from $10,000 to $8,000 is warranted. IV. ORDERING CLAUSES 16. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, AMERI-KING Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating Section 301 of the Act. 17. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- we conclude that Compatible willfully and repeatedly violated Section 301 of the Act. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture from $10,000 to $8,000 is warranted. IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Compatible Electronics, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating Section 301 of the Act. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- dollars ($10,000), for the apparent willful and repeated violation of Section 301 of the Act. The Tampa Office has since learned that Mr. Gaye passed away. Because Mr. Gaye is no longer living, we cancel the NAL. IV. ORDERING CLAUSES 3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, the Notice of Apparent Liability for Forfeiture issued to Henry Gaye IS HEREBY CANCELED. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 47 U.S.C. S: 301. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832700006 (Enf. Bur., Tampa Office, January 9, 2008) ("NAL"). 47 U.S.C. S: 503(b); 47
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- or cancellation of the proposed forfeiture is warranted. Accordingly, we find that Five Star willfully and repeatedly violated Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules and that a forfeiture in the amount of $6,500 is appropriate. IV. ORDERING Clauses 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Five Star Parking d/b/a Five Star Taxi Dispatch IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand five hundred dollars ($6,500) for willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules. 1. Payment of the forfeiture must be made by check or
- http://www.fcc.gov/eb/Orders/2008/DA-08-416A1.html
- to provide a written response to the Commission in response to two (2) informal complaints. Accordingly, a proposed forfeiture is warranted against Blue Casa for this apparent willful or repeated violation. 10. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, BLUE CASA COMMUNICATIONS, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully or repeatedly failing to respond to two (2) informal complaints served by CGB in violation of section 1.717 of the Commission's rules. 11. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the
- http://www.fcc.gov/eb/Orders/2008/DA-08-417A1.html
- to provide a written response to the Commission in response to one (1) informal complaint. Accordingly, a proposed forfeiture is warranted against Sprint Nextel for this apparent willful or repeated violation. 10. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, SPRINT NEXTEL CORPORATION IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond to one (1) informal complaints served by CGB in violation of section 1.717 of the Commission's rules. 11. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
- http://www.fcc.gov/eb/Orders/2008/DA-08-418A1.html
- to provide a written response to the Commission in response to two (2) informal complaints. Accordingly, a proposed forfeiture is warranted against Amp'd Mobile for this apparent willful or repeated violation. 10. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, AMP'D MOBILE, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully or repeatedly failing to respond to two (2) informal complaints served by CGB in violation of section 1.717 of the Commission's rules. 11. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
- http://www.fcc.gov/eb/Orders/2008/DA-08-419A1.html
- to provide a written response to the Commission in response to one (1) informal complaint. Accordingly, a proposed forfeiture is warranted against Link Systems for this apparent willful or repeated violation. 10. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, LINK SYSTEMS, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond to one (1) informal complaint served by CGB in violation of section 1.717 of the Commission's rules. 11. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
- http://www.fcc.gov/eb/Orders/2008/DA-08-420A1.html
- failing to provide a written response to the Commission in response to two (2) informal complaints. Accordingly, a proposed forfeiture is warranted against Cricket for this apparent willful or repeated violation. 10. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, CRICKET COMMUNICATIONS, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully or repeatedly failing to respond to two (2) informal complaints served by CGB in violation of section 1.717 of the Commission's rules. 11. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
- http://www.fcc.gov/eb/Orders/2008/DA-08-421A1.html
- to provide a written response to the Commission in response to one (1) informal complaint. Accordingly, a proposed forfeiture is warranted against Cooperative Communications for this apparent willful or repeated violation. 10. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, COOPERATIVE COMMUNICATIONS, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond to one (1) informal complaint served by CGB in violation of section 1.717 of the Commission's rules. 11. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
- http://www.fcc.gov/eb/Orders/2008/DA-08-422A1.html
- a written response to the Commission in response to two (2) informal complaints. Accordingly, a proposed forfeiture is warranted against Reduced Rate Long Distance for this apparent willful or repeated violation. 10. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, REDUCED RATE LONG DISTANCE, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully or repeatedly failing to respond to two (2) informal complaints served by CGB in violation of section 1.717 of the Commission's rules. 11. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of
- http://www.fcc.gov/eb/Orders/2008/DA-08-423A1.html
- to provide a written response to the Commission in response to one (1) informal complaint. Accordingly, a proposed forfeiture is warranted against Total Call for this apparent willful or repeated violation. 10. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, TOTAL CALL INTERNATIONAL, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly failing to respond to one (1) informal complaint served by CGB in violation of section 1.717 of the Commission's rules. 11. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the
- http://www.fcc.gov/eb/Orders/2008/DA-08-424A1.html
- rule by failing to provide written responses to the Commission in response to six informal complaints. Accordingly, a proposed forfeiture is warranted against Defendant for this apparent willful or repeated violation. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, West Star IS LIABLE FOR A MONETARY FORFEITURE in the amount of $24,000.00 for willfully or repeatedly failing to respond to six informal complaints served by the Commission, in violation of section 1.717 of the Commission's rules and Commission letter orders. 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's
- http://www.fcc.gov/eb/Orders/2008/DA-08-425A1.html
- rule by failing to provide written responses to the Commission in response to the informal complaint. Accordingly, a proposed forfeiture is warranted against Defendant for this apparent willful or repeated violation. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, WorldOne IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000.00 for willfully or repeatedly failing to respond to an informal complaint served by the Commission, in violation of section 1.717 of the Commission's rules. 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within thirty days of
- http://www.fcc.gov/eb/Orders/2008/DA-08-426A1.html
- rule by failing to provide written responses to the Commission in response to the informal complaint. Accordingly, a proposed forfeiture is warranted against Defendant for this apparent willful or repeated violation. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, ITEG IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000.00 for willfully or repeatedly failing to respond to an informal complaint served by the Commission, in violation of section 1.717 of the Commission's rules. 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within thirty days of
- http://www.fcc.gov/eb/Orders/2008/DA-08-427A1.html
- failing to provide written responses to the Commission in response to four (4) informal complaints. Accordingly, a proposed forfeiture is warranted against Alltel Wireless for this apparent willful or repeated violation. 10. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, ALLTELL WIRELESS IS LIABLE FOR A MONETARY FORFEITURE in the amount of sixteen thousand dollars ($16,000) for willfully or repeatedly failing to respond to four (4) informal complaints served by CGB in violation of section 1.717 of the Commission's rules. 11. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules,
- http://www.fcc.gov/eb/Orders/2008/DA-08-428A1.html
- by failing to provide written responses to the Commission in response to twenty-four (24) informal complaints. Accordingly, a proposed forfeiture is warranted against AT&T for this apparent willful or repeated violation. 10. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, AT&T, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $96,000 for willfully or repeatedly failing to respond to twenty-four (24) informal complaints served by the Bureau in violation of section 1.717 of the Commission's rules. 11. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within thirty
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- the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $10,000 is warranted, based on demonstrated inability to pay. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Pittman Broadcasting Services, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Sections 17.51(a) and 73.1745 of the Rules. 14. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must
- http://www.fcc.gov/eb/Orders/2008/DA-08-446A1.html
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Long Pond possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. 4. IT IS FURTHER ORDERED that the "Complaint" received on or about December 13, 2005, alleging violation of the Underwriting Laws by Long Pond, IS DISMISSED. 5. IT IS FURTHER ORDERED that the investigation by the Enforcement Bureau IS TERMINATED. 6. IT IS FURTHER ORDERED that Long Pond
- http://www.fcc.gov/eb/Orders/2008/DA-08-455A1.html
- copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the enforcement proceeding. 4. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 503(b) of the Act, and the authority delegated by Sections 0.111 and 0.311 of Rules, the Consent Decree attached to this Order IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned enforcement proceeding IS TERMINATED. 6. IT IS FURTHER ORDERED that the Estate shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order
- http://www.fcc.gov/eb/Orders/2008/DA-08-457A1.html
- review of Manning's Response and the record, we find that Manning did not willfully and repeatedly violate a Commission order by failing to respond to a directive of the Bureau. Consequently, we conclude that no forfeiture should be imposed. 5. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of four thousand dollars ($4,000) issued to Manning Municipal Communications and Television System Utilities, in the March 30, 2007, Notice of Apparent Liability for Forfeiture for willful and repeated violations of a Commission order IS CANCELLED. 6. IT IS FURTHER ORDERED that a copy of
- http://www.fcc.gov/eb/Orders/2008/DA-08-458A1.html
- will cause the Commission to incur costs, with no reasonable hope of recovery. However, we emphasize that our decision to rescind the proposed forfeiture in no way exonerates Habla for its apparent violation of a Commission order. 4. Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. S: 503(b) of the Communications Act of 1934, as Amended ("Act"), and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, the proposed forfeiture in the amount if four thousand dollars ($4,000) issued to Habla Communicaciones, Inc. in the March 30, 2007 Notice of Apparent Liability for Forfeiture for willful and repeated violation of a Commission directive IS CANCELED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by
- http://www.fcc.gov/eb/Orders/2008/DA-08-46A1.html
- the terms of its authorization, the Act, and the rules, including the requirement to timely renew the authorization for its PLMRS station. Under the circumstances, and consistent with precedent, we find that no reduction of the proposed forfeiture is warranted. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the rules, Miller IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand five hundred dollars ($6,500) for the willful and repeated violation of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the rules,
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- of limitations for proposing a forfeiture for these violations is one year from the date of violations and has expired. Accordingly, we will not propose a forfeiture for marketing these models. We find, however, that an admonishment is warranted for these violations. iV. ordering clauses 21. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, DBK Concepts, Inc., IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for marketing two PDT models that were improperly labeled and one PDT model that was both unauthorized and improperly labeled, in willful and repeated violation of Section 302(a) of the Act and Section 2.803(a)
- http://www.fcc.gov/eb/Orders/2008/DA-08-473A1.html
- $4,200. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $4,200 is warranted. IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Brahmin Broadcasting Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,200 for repeatedly violating Section 73.49 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
- http://www.fcc.gov/eb/Orders/2008/DA-08-474A1.html
- review, we conclude that Metro West willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $3,200 is warranted. IV. ORDERING CLAUSES 17. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Metro West Ambulance IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for willfully and repeatedly violating Section 1.903(a) of the Rules. 18. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j), and 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S: 1.1401-1.1418, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Lisa B. Griffin Deputy Chief Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. S: 224. See Complaint, File No. EB-05-MD-030 (filed Nov. 30, 2005) ("Complaint"). Joint Notice of Settlement and
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- 5. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed forfeiture to $15,200 is warranted. IV. ORDERING CLAUSES 6. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Pembrook Pines Elmira, LTD, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $15,200 for willfully and repeatedly violating Sections 17.48(a), 17.51(a), and 73.1745(a) of the Commission's Rules. 7. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
- http://www.fcc.gov/eb/Orders/2008/DA-08-498A1.html
- documentation submitted by Mondgock, we decline to cancel the forfeiture, but find that a reduction in the forfeiture to $4,300 is warranted based on Mondgock's demonstrated inability to pay the full forfeiture amount proposed in the NAL. IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ronald Mondgock IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand three hundred dollars ($4,300) for violation of Section 301 of the Act. 6. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the
- http://www.fcc.gov/eb/Orders/2008/DA-08-49A1.html
- Ms. Lee is unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Aaron M. Danzig, Esq., Assistant United States Attorney See 47 C.F.R. S:S: 0.111(a)(14), 54.521. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mrs. Evelyn Myers Scott, Notice of Suspension and Initiation of Debarment Proceedings, 22 FCC Rcd 18613 (Inv. & Hearings Div., Enf. Bur. 2007) (Attachment 1). 72 Fed. Reg. 62477 (November 5, 2007). See Notice of Suspension, 22 FCC Rcd at 18614-15. See 47
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- above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $6,400 is warranted, based on its history of compliance with the Rules. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Hispanic-Multicultural Broadcasting Association IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand four hundred dollars ($6,400) for violation of Section 11.35(a) of the Rules. 10. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include
- http://www.fcc.gov/eb/Orders/2008/DA-08-50A1.html
- Ms. Lee is unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Aaron M. Danzig, Esq., Assistant United States Attorney See 47 C.F.R. S:S: 0.111(a)(14), 54.521. Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Arthur R. Scott, Notice of Suspension and Initiation of Debarment Proceedings, 22 FCC Rcd 18617 (Inv. & Hearings Div., Enf. Bur. 2007) (Attachment 1). 72 Fed. Reg. 62647 (November 6, 2007). See Notice of Suspension, 22 FCC Rcd at 18618-19. See 47
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- the tower's registered owner. Accordingly, we conclude that the NAL issued to Pinnacle must be cancelled and a Notice of Apparent Liability for Forfeiture in the amount of $3,000 is being issued on this date to Holmes. III. ORDERING CLAUSES 4. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the Notice of Apparent Liability for Forfeiture issued to Pinnacle Towers LLC IS HEREBY CANCELLED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Pinnacle Towers LLC at its address of record and to counsel for Pinnacle Towers LLC
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- an application. Moreover, even if Campbell had provided such evidence, the mere filing of an application would not have provided Campbell any authority to operate a radio station. Accordingly, based on the information before us, we affirm the forfeiture. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Michael Stone Campbell, a/k/a Monroe Campbell, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 5. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include
- http://www.fcc.gov/eb/Orders/2008/DA-08-524A1.html
- Rules. We have reviewed our records and note no other violations against the Licensee. Under similar circumstances, we have reduced proposed forfeitures, and find that doing so in this case is appropriate. Consequently, we reduce WMGO's forfeiture amount from $8,000 to $6,400. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, WMGO Broadcasting Corp., Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,400 for willful violation of Section 73.1206 of the Commission's Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Forfeiture
- http://www.fcc.gov/eb/Orders/2008/DA-08-525A1.html
- rule by failing to provide written responses to the Commission in response to three informal complaints. Accordingly, a proposed forfeiture is warranted against Defendant for this apparent willful or repeated violation. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, Telefyne Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,000.00 for willfully or repeatedly failing to respond to three informal complaints served by the Commission, in violation of section 1.717 of the Commission's rules. 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within thirty days
- http://www.fcc.gov/eb/Orders/2008/DA-08-526A1.html
- rule by failing to provide written responses to the Commission in response to the informal complaints. Accordingly, a proposed forfeiture is warranted against Defendant for this apparent willful or repeated violation. 11. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, Global Network Communication West, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000.00 for willfully or repeatedly failing to respond to two informal complaints served by the Commission, in violation of section 1.717 of the Commission's rules. 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules,
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether SRIPRB possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, the attached Consent Decree IS ADOPTED. 4. IT IS FURTHER ORDERED that the "Complaint" dated November 23, 2004, and supplemented February 25, 2005, alleging violation of the Underwriting Laws by SRIPRB, IS DISMISSED. 5. IT IS FURTHER ORDERED that the investigation by the Enforcement Bureau IS TERMINATED. 6. IT IS FURTHER ORDERED that SRIPRB
- http://www.fcc.gov/eb/Orders/2008/DA-08-537A1.html
- to these matters, we conclude that our investigations raise no substantial or material questions of fact as to whether Pine possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED and the Notice of Apparent Liability for Forfeiture in File No. EB-07-SE-141 IS CANCELLED. 7. IT IS FURTHER ORDERED that Pine shall make its voluntary contribution to the United States Treasury, as specified in the
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- not dispute this finding in response to the NAL. We therefore find that Watkins willfully violated Section 303(n) of the Act by failing to allow an inspection of the radio station equipment located in his apartment. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Craig Watkins, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully and repeatedly violating Sections 301 and 303(n) of the Act. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- action could take the form of higher monetary forfeitures and/or possible revocation of COI's operating authority, including disqualification of COI's principals from the provision of any interstate common carrier services without the prior consent of the Commission. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Commission's rules, that Communications Options, Inc. SHALL FORFEIT to the United States government the sum of $65,000 for willfully and repeatedly violating the Commission's rules and a Commission order issued pursuant to the Act. 12. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications
- http://www.fcc.gov/eb/Orders/2008/DA-08-561A1.html
- character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. 5. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigatory proceeding IS TERMINATED. 7. IT IS FURTHER ORDERED that Caprock Cellular Limited Partnership shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to
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- IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, International Broadcasting Corporation's petition for reconsideration of the January 9, 2008 Forfeiture Order IS hereby DENIED IN PART and GRANTED IN PART. 10. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, International Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand four hundred dollars ($10,400) for violation of Sections 17.50 and 17.57 of the Rules. 11. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must
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- of $13,000. IV. ORDERING CLAUSES 18. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, the Petition for Reconsideration filed on January 22, 2007, by Communications Relay Corporation, IS DENIED. 19. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's Rules, Communications Relay Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $13,000 for violating Section 303(q) of the Act, and Sections 17.23, 17.47, 17.48, 17.49 and 17.57 of the Rules. 20. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- repeatedly violated Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $7,000 forfeiture is warranted. IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, CB Shop & More, LLLP, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
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- this Order how it achieved compliance with Section 1.903(a) of the Rules for station WGW926. Carlsbad Radio's report must be submitted in the form of an affidavit signed by an officer or director of Carlsbad Radio. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Carlsbad Radio, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for willfully and repeatedly violating Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules. 14. IT IS FURTHER ORDERED, pursuant to Section 403 of the Act, that Carlsbad Radio, Inc., must submit the report described in paragraph 12, above, within
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- that Bravo Mic willfully and repeatedly violated Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $2,400 is warranted. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Bravo Mic Communications, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,400 for willfully and repeatedly violating Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- and 17.48 of the Rules, for all three of the towers in its array in Waterford, California. Threshold's report must be submitted in the form of an affidavit signed by an officer or director of Threshold. IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Threshold Communications, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating Section 303(q) of the Act, and Sections 17.51(a), 17.47(a) and 17.48 of the Rules. 15. IT IS FURTHER ORDERED, pursuant to Section 403 of the Act, that Threshold Communications, must submit the report described in
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- violated Section 301 of the Act, based upon his inability to pay, we conclude that pursuant to Section 503(b) of the Act and the Forfeiture Policy Statement, reduction of the $10,000 forfeiture to $100 is warranted. IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Dwayne Simon, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $100 for willfully and repeatedly violating Section 301 of the Act. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
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- advertisement to the one consumer identified in the Appendix. We have further determined that Amerilist, Inc. is apparently liable for a forfeiture in the amount of $4,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Amerilist, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders described
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- the two consumers identified in the Appendix. We have further determined that Copier Search International, Inc. is apparently liable for a forfeiture in the amount of $9,000.00. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Copier Search International, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000.00 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related
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- to the two consumers identified in the Appendix. We have further determined that DD&S Companies, Inc. is apparently liable for a forfeiture in the amount of $9,000.00. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that DD&S Companies, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000.00 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- these matters, we conclude that no substantial or material questions of fact exist with respect to this matter as to whether T-Mobile possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that T-Mobile shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the order
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- those two stations. Therefore, we conclude that cancellation of the forfeiture is warranted. Nevertheless, we find that it is appropriate to admonish Action Radio for its willful and repeated violation of Section 11.35(a) of the Rules. IV. ORDERING CLAUSES 8. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, that the proposed forfeiture in the amount of eight thousand dollars ($8,000) issued to Action Radio, LLC, in the August 14, 2007, Notice of Apparent Liability for willful and repeated violations of Section 11.35 of the Rules IS CANCELLED. 9. IT IS FURTHER ORDERED that Action Radio, LLC, IS ADMONISHED for its willful
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- we conclude that JMK willfully and repeatedly violated Section 73.44(b) of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $4,000 forfeiture is warranted. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, JMK Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 73.44(b) of the Rules. 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $3,200 is warranted, based on its history of compliance with the Rules. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Traffic Control Products of Florida Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand two hundred dollars ($3,200) for violation of Section 90.403(a)(2) of the Rules. 13. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The
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- related to character, to hold or obtain any FCC license or authorization. 4. After reviewing the terms of the Consent Decree, we find that the public interest would be served by adopting the Consent Decree and terminating the enforcement proceeding. 5. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 503(b) of the Act, and the authority delegated by Sections 0.111 and 0.311 of Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned enforcement proceeding IS TERMINATED. 7. IT IS FURTHER ORDERED that Lockheed Martin Corporation shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the
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- Field Office, Antitrust Division, Department of Justice Any further reference in this letter to "your conviction" refers to your conviction of seven counts of wire fraud. United States v. Rafael Gongora Adame, Criminal Docket No. 7:06-CR-1082, CRIMINAL NO. M-06-1082, Judgment (S.D. Tex. filed Mar. 3, 2008 and entered Mar. 11, 2008) ("Adame Judgment"). 47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
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- Commission that complies with sections 1.721(e) and 1.722(h) of the Commission's rules within sixty (60) days from the release of this order. IV. ORDERING CLAUSES 38. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j), 201, 202 and 208 of the Communications Act of 1934 as amended, 47 U.S.C. S:S: 154(j), 201, 202, 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that the above-captioned formal complaint IS GRANTED to the extent set forth herein. 39. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j), and 208, that Sprint Communications Company, L.P.'s Motion to Dismiss filed
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Mid-Rivers Cellular possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. 7. IT IS FURTHER ORDERED that Mid-Rivers Cellular shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree,
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- the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $1,500 is warranted, based on demonstrated inability to pay. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Roubens Maignan IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violation of Section 301 of the Act. 11. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the
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- to the four consumers identified in the Appendix. We have further determined that Meridian Marketing Group is apparently liable for a forfeiture in the amount of $18,000. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Meridian Marketing Group is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $18,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
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- to the consumer identified in the Appendix. We have further determined that Response Card Marketing, Inc. is apparently liable for a forfeiture in the amount of $9,000. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Response Card Marketing, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $9,000 for willful or repeated violations of section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Philips possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against Philips before the Bureau related to the above-captioned-investigations as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER ORDERED that Philips
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Panasonic possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against Panasonic before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER ORDERED that Panasonic
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether LGE possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against LGE before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER ORDERED that LGE
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether SANYO possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against SANYO before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER ORDERED that SANYO
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Vizio possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against Vizio before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER ORDERED that
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Audiovox possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against Audiovox before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER ORDERED that Audiovox
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Westinghouse Digital Electronics possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against Westinghouse Digital Electronics before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER
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- downward adjustment to be appropriate based on Dakota Central's voluntary disclosures of the violations to Commission staff prior to any Commission inquiry or initiation of enforcement action, and because, outside of the subject violations, Dakota Central has a prior history of compliance. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Dakota Central Telecommunications Cooperative IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willfully and repeatedly violating Section 301 of the Act and Section 1.903(a) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days
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- of section 227 of the Act and the Commission's related rules and orders as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S:503(b) and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under the authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Alliance Capital Corporation IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $4,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders as described
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- section 227 of the Act and the Commission's related rules and orders as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b) and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under the authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Aras Marketing, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $4,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders as described
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- section 227 of the Act and the Commission's related rules and orders as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b) and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under the authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Mario's Roofing IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $13,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders as described in
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- section 227 of the Act and the Commission's related rules and orders as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b) and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under the authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Tri-State Printer & Copier Supply Co., Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $9,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the
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- violation of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4),and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that ESpeed Mortgage Dot Com, LLC IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $13,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S:64.1200(a)(3), and the related orders as
- http://www.fcc.gov/eb/Orders/2008/DA-08-909A1.html
- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that New England Industrial Roofing IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $10,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders as
- http://www.fcc.gov/eb/Orders/2008/DA-08-910A1.html
- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Global QA Corp. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $4,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders as described
- http://www.fcc.gov/eb/Orders/2008/DA-08-911A1.html
- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Infasource.com IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $22,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders as described in the
- http://www.fcc.gov/eb/Orders/2008/DA-08-914A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Edge possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that Edge shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by credit card through the Commission's Revenue and Receivables Operations Group at
- http://www.fcc.gov/eb/Orders/2008/DA-08-920A1.html
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Alaska DigiTel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that Alaska DigiTel shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the
- http://www.fcc.gov/eb/Orders/2008/DA-08-954A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Westchester possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that Westchester Services LLC shall make its voluntary contribution to the United States Treasury, as specified in the Consent Decree, by mailing a check or similar instrument payable to the
- http://www.fcc.gov/eb/Orders/2008/DA-08-961A1.html
- the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that a reduction of the proposed forfeiture to $1,500 is warranted, based on demonstrated inability to pay. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Frank Rackley, Jr. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violation of Sections 73.1350(a) and 73.1745(a) of the Rules. 15. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment
- http://www.fcc.gov/eb/Orders/2009/DA-09-2584A1.html
- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether BNSF possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by First Class United States Mail to Jack Richards, Esq., Keller & Heckman LLP, 1001 G Street,
- http://www.fcc.gov/eb/Orders/2009/DA-09-258A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Ben Lomand apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Ben Lomand Communications, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED
- http://www.fcc.gov/eb/Orders/2009/DA-09-259A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Bellvoz apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Bellvoz Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT, pursuant
- http://www.fcc.gov/eb/Orders/2009/DA-09-25A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether AIJE possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaint and allegations against the Station and/or AIJE before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE
- http://www.fcc.gov/eb/Orders/2009/DA-09-260A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Bee Line apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Bee Line Cable IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/Orders/2009/DA-09-261A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Atlantic apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Atlantic Telecommunications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/Orders/2009/DA-09-264A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find American Fiber apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, American Fiber Systems of Georgia, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS
- http://www.fcc.gov/eb/Orders/2009/DA-09-265A1.html
- 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Action Communications, Inc. apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Action Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/Orders/2009/DA-09-267A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find 800 Response apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, 800 Response Information Services LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER
- http://www.fcc.gov/eb/Orders/2009/DA-09-269A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Buckeye apparently liable for a forfeiture of two thousand dollars ($2000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Buckeye Telesystem, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT,
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- the Commission's investigation. 3. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the investigation. 4. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by section 0.111 and 0.311 of the Commission's Rules, that the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau 47 U.S.C. S: 154(i). 47 C.F.R. S:S: 0.111, 0.311. Federal Communications Commission DA 09-26 DRAFT Federal Communications Commission DA 05-XXX References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-26A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-26A1.doc 3. http://transition.fcc.gov/eb/Orders/2009/DA-09-26A2.html
- http://www.fcc.gov/eb/Orders/2009/DA-09-270A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Cherokee apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Cherokee Telephone Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/Orders/2009/DA-09-271A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find China Telecom apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, China Telecom (Americas) Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED
- http://www.fcc.gov/eb/Orders/2009/DA-09-276A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Communications Venture apparently liable for a forfeiture of three thousand dollars ($3,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Communications Venture Corporation dba InDigital Telecom IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS
- http://www.fcc.gov/eb/Orders/2009/DA-09-277A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Aquis apparently liable for a forfeiture of one thousand dollars ($1,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, ComSoft Corporation dba Aquis Communications IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER
- http://www.fcc.gov/eb/Orders/2009/DA-09-278A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Consolidated Telephone apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Consolidated Telephone Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/Orders/2009/DA-09-27A1.html
- In the absence of material new evidence relating to this matter, we conclude there are no substantial or material questions of fact as to whether Silver Spring possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jordan Breslow, General Counsel and Secretary, Silver
- http://www.fcc.gov/eb/Orders/2009/DA-09-280A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Clear World apparently liable for a forfeiture of two thousand dollars ($2000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Clear World Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED
- http://www.fcc.gov/eb/Orders/2009/DA-09-282A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find D.G.A. apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, D.G.A. Telecom, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/Orders/2009/DA-09-290A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Isan apparently liable for a forfeiture of six thousand dollars ($6,000.00). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Isan IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000.00) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT, pursuant to
- http://www.fcc.gov/eb/Orders/2009/DA-09-293A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Tennessee apparently liable for a forfeiture of four thousand dollars ($4,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Tennessee Telephone Service, LLC d/b/a Freedom Communications USA, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate.
- http://www.fcc.gov/eb/Orders/2009/DA-09-294A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Kitchen Productions apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Kitchen Productions, Inc. d/b/a Tortoise Paging IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS
- http://www.fcc.gov/eb/Orders/2009/DA-09-296A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find KanOkla Telephone apparently liable for a forfeiture of one thousand dollars ($1,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, KanOkla Telephone Association, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED
- http://www.fcc.gov/eb/Orders/2009/DA-09-297A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Latino Telecom apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Latino Telecom, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/Orders/2009/DA-09-298A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Threshold apparently liable for a forfeiture of one thousand dollars ($1,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Threshold Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/Orders/2009/DA-09-299A1.html
- violated section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Leflore apparently liable for a forfeiture of four thousand dollars ($4,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Leflore Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/Orders/2009/DA-09-302A1.html
- 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Legacy Long Distance apparently liable for a forfeiture of two thousand dollars ($2000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Legacy Long Distance International, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER
- http://www.fcc.gov/eb/Orders/2009/DA-09-303A1.html
- of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find M & L Enterprises apparently liable for a forfeiture of four thousand dollars ($4,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, M & L Enterprises, Inc. dba Skyline Telephone Co., Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI
- http://www.fcc.gov/eb/Orders/2009/DA-09-305A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Liberty apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Liberty Contracting and Consulting LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER
- http://www.fcc.gov/eb/Orders/2009/DA-09-306A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Call One apparently liable for a forfeiture of six thousand dollars ($6,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, United Communications Systems, Inc. dba Call One IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT
- http://www.fcc.gov/eb/Orders/2009/DA-09-308A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find McClure Telephone apparently liable for a forfeiture of one thousand dollars ($1,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, McClure Telephone Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/Orders/2009/DA-09-309A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find VDL apparently liable for a forfeiture of one thousand dollars ($1,000). 8. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, VDL, Inc., d/b/a Global Telecom Brokers IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 9. IT IS
- http://www.fcc.gov/eb/Orders/2009/DA-09-310A1.html
- section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Millennium Digital Media Systems, LLC, dba Broadstripe apparently liable for a forfeiture of one thousand dollars ($1,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Millennium Digital Media Systems, LLC, dba Broadstripe IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT
- http://www.fcc.gov/eb/Orders/2009/DA-09-312A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Volunteer apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Volunteer First Services, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED
- http://www.fcc.gov/eb/Orders/2009/DA-09-315A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Commnet apparently liable for a forfeiture of four thousand dollars ($4,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Commnet Wireless, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/Orders/2009/DA-09-316A1.html
- 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Momentum Telecom, Inc. apparently liable for a forfeiture of six thousand dollars ($6,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Momentum Telecom, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/Orders/2009/DA-09-317A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Worldwide Marketing apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Worldwide Marketing Solutions, Incorporated, IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED
- http://www.fcc.gov/eb/Orders/2009/DA-09-318A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Angel Communications apparently liable for a forfeiture of one thousand dollars ($1,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Angel Communications LLC d/b/a Mr. Radio of Arizona Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate.
- http://www.fcc.gov/eb/Orders/2009/DA-09-321A1.html
- 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Data Radio Management apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Data Radio Management Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER
- http://www.fcc.gov/eb/Orders/2009/DA-09-322A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find MacIntyre apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Scott C. MacIntyre IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/Orders/2009/DA-09-323A1.html
- 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Edward Adams Associates apparently liable for a forfeiture of four thousand dollars ($4,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Edward Adams Associates, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a complaint annual CPNI certificate. 13. IT IS FURTHER ORDERED
- http://www.fcc.gov/eb/Orders/2009/DA-09-324A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Zicore apparently liable for a forfeiture of two thousand dollars ($2000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Zicore IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT, pursuant to
- http://www.fcc.gov/eb/Orders/2009/DA-09-327A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find SI2Way apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, SI2Way, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT, pursuant
- http://www.fcc.gov/eb/Orders/2009/DA-09-328A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Frank apparently liable for a forfeiture of six thousand dollars ($6,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Wayne Frank IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT, pursuant
- http://www.fcc.gov/eb/Orders/2009/DA-09-331A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Hopper apparently liable for a forfeiture of one thousand dollars ($1,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, James T. Hopper IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/Orders/2009/DA-09-332A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Sherman apparently liable for a forfeiture of one thousand dollars ($1,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Arthur N. Sherman IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/Orders/2009/DA-09-333A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Telebeeper apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, TeleBEEPER of New Mexico, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER
- http://www.fcc.gov/eb/Orders/2009/DA-09-334A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Clifford Bade apparently liable for a forfeiture of one thousand dollars ($1,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Clifford Bade IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT, pursuant
- http://www.fcc.gov/eb/Orders/2009/DA-09-335A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find National Brands apparently liable for a forfeiture of two thousand dollars ($2,000). 8. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, National Brands, Inc. d/b/a Sharenet Communications Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 9. IT
- http://www.fcc.gov/eb/Orders/2009/DA-09-337A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Netcarrier apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Netcarrier Telecom, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/Orders/2009/DA-09-338A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Network Innovations apparently liable for a forfeiture of two thousand dollars ($2,000). 8. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Network Innovations, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 9. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/Orders/2009/DA-09-340A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Nunn apparently liable for a forfeiture of one thousand dollars ($1,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Nunn Telephone Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/Orders/2009/DA-09-341A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find O.R. Knutson apparently liable for a forfeiture of one thousand dollars ($1000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, O.R. Knutson IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT, pursuant
- http://www.fcc.gov/eb/Orders/2009/DA-09-342A1.html
- section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order. We find One Touch apparently liable for a forfeiture of six thousand dollars ($6,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, One Touch India LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000) for willfully or repeatedly violating section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED
- http://www.fcc.gov/eb/Orders/2009/DA-09-344A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Phillips County apparently liable for a forfeiture of one thousand dollars ($1,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Phillips County Telephone Company dba PC Telcom IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT
- http://www.fcc.gov/eb/Orders/2009/DA-09-347A1.html
- 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Prime Time Ventures apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Prime Time Ventures, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED
- http://www.fcc.gov/eb/Orders/2009/DA-09-348A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find PriorityOne apparently liable for a forfeiture of three thousand dollars ($3,000). 8. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, PriorityOne Telecommunications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand dollars ($3,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 9. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/Orders/2009/DA-09-349A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find ProCom apparently liable for a forfeiture of one thousand dollars ($1,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, ProCom LMR, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/Orders/2009/DA-09-350A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Protek apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Protek Leasing Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/Orders/2009/DA-09-352A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find DAR apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, DAR Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/Orders/2009/DA-09-357A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Santa Rosa apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Santa Rosa Communications, Ltd. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED
- http://www.fcc.gov/eb/Orders/2009/DA-09-358A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Santa Rosa apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Santa Rosa Telephone Cooperative, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER
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- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Santel apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Santel Communications Cooperative, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED
- http://www.fcc.gov/eb/Orders/2009/DA-09-360A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Securetel apparently liable for a forfeiture of two thousand dollars ($2,000). 8. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Securetel Network Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 9. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/Orders/2009/DA-09-362A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Shreveport apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Shreveport Communications Service, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED
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- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Dixville Telephone apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Dixville Telephone Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT,
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- 4. In the absence of material new evidence relating to this matter, we conclude there are no substantial or material questions of fact as to whether T-Mobile possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by first class mail and certified mail return receipt requested to counsel for T-Mobile, David H.
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- of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find E & F Telecom apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, E & F Telecom, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER
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- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Eastern Colorado apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Eastern Colorado Independent Networks, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER
- http://www.fcc.gov/eb/Orders/2009/DA-09-372A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find EGIX apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, EGIX, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT, pursuant
- http://www.fcc.gov/eb/Orders/2009/DA-09-373A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find SCTelcom apparently liable for a forfeiture of one thousand dollars ($1,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, South Central Wireless, Inc. dba SCTelcom IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS
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- 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Specialized Mobile Radio apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Specialized Mobile Radio, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED
- http://www.fcc.gov/eb/Orders/2009/DA-09-378A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find BKT apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, BKT Telecom Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT,
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- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find First Mile apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, E.Com Technologies, LLC dba First Mile Technologies IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT
- http://www.fcc.gov/eb/Orders/2009/DA-09-382A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Gabriel apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Gabriel Wireless, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT,
- http://www.fcc.gov/eb/Orders/2009/DA-09-383A1.html
- Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find T2 Communications apparently liable for a forfeiture of one thousand dollars ($1,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, T2 Communications, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT,
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- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Ganoco apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Ganoco, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT, pursuant
- http://www.fcc.gov/eb/Orders/2009/DA-09-385A1.html
- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Telchin apparently liable for a forfeiture of two thousand dollars ($2,000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Telchin Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT, pursuant
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- 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find General Mobile Radio apparently liable for a forfeiture of six thousand dollars ($6000). 6. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, General Mobile Radio IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 7. IT IS FURTHER ORDERED THAT,
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- the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Hartman Telephone Exchanges, Inc. apparently liable for a forfeiture of four thousand dollars ($4, 000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Hartman Telephone Exchanges, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED
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- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find Highland apparently liable for a forfeiture of two thousand dollars ($2,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Highland Communications, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED THAT,
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- violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find TeleSpan apparently liable for a forfeiture of one thousand dollars ($1,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80(f)(4) of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, TeleSpan Carrier Access, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for willfully or repeatedly violating Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit a compliant annual CPNI certificate. 13. IT IS FURTHER ORDERED
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- or repeatedly violated Section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order. We find each of the Companies apparently liable for a forfeiture of twenty thousand dollars ($20,000). 12. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, each of the Companies listed in Appendix I of this Order are hereby LIABLE FOR A MONETARY FORFEITURE in the amount of twenty thousand dollars ($20,000) each for willfully or repeatedly violating section 222 of the Act, section 64.2009(e) of the Commission's rules and the Commission's EPIC CPNI Order by failing to submit annual
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Long Lines possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Brent Olson, Long Lines Wireless, LLC, 501
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- conclude that Princess K Fishing Corporation willfully and repeatedly violated Section 80.89(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $5,500 is warranted. IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Princess K Fishing Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,500 for willfully and repeatedly violating Section 80.89(a) of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
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- S: 7206(1) (false statements on a tax return). Any further reference in this letter to "your conviction" refers to your thirteen count conviction. United States v. Ruben B. Bohuchot, Criminal Docket No. 3:07-CR-00167-L -1, Judgment (N.D. Tex. filed Nov. 14, 2008 and entered Nov. 17, 2008; amended Nov. 25, 2008) ("Ruben Bohuchot Judgment"). 47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
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- federal funds and aiding and abetting), and 1956(h) (conspiracy to lauder monetary instruments). Any further reference in this letter to "your conviction" refers to your ten count conviction. United States v. Frankie Logyang Wong, Criminal Docket No. 3:07-CR-00167-L-2, Judgment (N.D. Tex. filed Nov. 14, 2008 and entered Nov. 17, 2008) ("Frankie Wong Judgment"). 47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
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- 30, 2008) ("Ayer Plea Agreement"); United States v. Cynthia K. Ayer, 5:06-453 (001 MBS), Judgment (D. S.C. filed and entered Dec. 11, 2008) ("Ayer Judgment"). See also United States v. Cynthia K. Ayer, Criminal Docket No. 5:06-453 (001 MBS), Indictment (D. S.C. filed Apr. 19, 2006 and entered Apr. 20, 2006) ("Ayer Indictment"). 47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
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- however, that a downward adjustment of the proposed forfeiture from $16,000 to $12,800 is warranted because SES made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, SES Americom, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand eight hundred dollars ($12,800) for the willful and repeated violation of Section 301 of the Act and Section 25.102(a) of the Rules and for the willful violation of the requirement to timely file a modification
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- Commission's inquiry in this case, because such post-facto remedial efforts are not mitigating. Based on all the circumstances, and after examining forfeiture actions in other recent underwriting cases, including that cited above, we believe that a forfeiture of $5,000 is appropriate. IV. ORDERING CLAUSES 12. ACCORDINGLY, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Jones College, licensee of noncommercial educational Station WKTZ-FM, Jacksonville, Florida, is hereby NOTIFIED OF ITS APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. S: 399b, and Section 73.503 of the Commission's rules, 47 C.F.R. S:
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- of $2,500 is appropriate. Accordingly, applying the Forfeiture Policy Statement and the statutory factors to this case, we conclude that Ministerio is apparently liable for a forfeiture in the amount of $2,500 for willfully and repeatedly violating the Commission's Underwriting Rules. IV. ORDERING CLAUSES 10. ACCORDINGLY, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Ministerio Radial Cristo Viene Pronto, Inc., licensee of noncommercial educational Station WCRP(FM), Guayama, Puerto Rico, is HEREBY NOTIFIED OF ITS APPARENT LIABILITY FOR A FORFEITURE in the amount of $2,500 for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. S: 399b, and Section 73.503 of the
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- Policy Statement and the statutory factors to this case, we conclude that Independence is apparently liable for a forfeiture in the amount of two thousand five hundred dollars ($2,500) for willfully and repeatedly violating the Commission's underwriting rules. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Independence Public Media of Philadelphia, Inc., licensee of noncommercial educational television Station WYBE(TV), Philadelphia, Pennsylvania, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand five hundred dollars ($2,500) for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. S: 399b
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- of repetitions is substantially fewer and the period of time over which they aired is substantially less. Based on all the circumstances, and after examining forfeiture actions in other recent underwriting cases, we believe that a forfeiture of $2,500 is appropriate. IV. ORDERING CLAUSES 11. ACCORDINGLY, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, Cayuga County Community College, licensee of noncommercial educational Station WDWN(FM), Auburn, New York, is hereby NOTIFIED OF ITS APPARENT LIABILITY FOR A FORFEITURE in the amount of $2,500 for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. S: 399b, and Section 73.503 of the Commission's rules,
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- Accordingly, applying the Forfeiture Policy Statement and the statutory factors to this case, we conclude that PRC is apparently liable for a forfeiture in the amount of twenty thousand dollars ($20,000) for apparently willfully and repeatedly violating the Commission's underwriting rules. IV. ORDERING CLAUSES 14. ACCORDINGLY, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Power Radio Corporation, licensee of noncommercial educational Station KXPW-LP, Georgetown, Texas, IS HEREBY NOTIFIED OF ITS APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. S: 399b, and Sections 73.503 and 73.801 of
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- that a downward adjustment of the proposed forfeiture from $16,000 to $12,800 is warranted because Discovery made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations but prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Discovery World Television, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand eight hundred dollars ($12,800) for willful and repeated violation of Section 301 of the Act and Section 25.201(a) of the Rules and for willful violation of Section 25.121(e) of the Rules. 14. IT IS
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- Line's willful or repeated violation of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 180(f)(4) of the Commission's rules, 47 C.F.R. S:1.80(f)(4), and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Capital Line IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $18,000 for willful or repeated violations of section 227(b)(1)(B) of the Act, 47 U.S.C. S: 227(b)(1)(B), section 64.1200(a)(2) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(2), and the related orders described
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- of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether PinPoint possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return
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- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Modena Advertising, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum of $18,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders as described
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether 6 Johnson Road possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 7. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 8. IT IS FURTHER ORDERED that all third-party complaints against 6 Johnson Road before the Commission related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 9. IT IS FURTHER
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- to Lockheed Martin's voluntary disclosure of the violations. The Commission has considered voluntary disclosure to be a mitigating factor where the licensee brings a violation to the attention of the Commission immediately upon its discovery and before any Commission action is taken. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Lockheed Martin Corporation IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-four thousand eight hundred dollars ($24,800) for the willful and repeated violation of Section 301 of the Act and Sections 25.102(a) and 25.121(e) of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of
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- in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Skalecki willfully and repeatedly violated Section 301 of the Act and that the $10,000 forfeiture proposed in the NAL is warranted. V. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Steven A. Skalecki IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,00) for violation of Section 301 of the Act. 18. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Account
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- investigation raises no substantial or material questions of fact as to whether Yukon-Waltz possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization including that required to be an authorized common carrier. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Thomas J. Moorman, Esq., Woods &
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- Accordingly, we find that Hannspree has willfully and repeatedly violated Section 15.117(i)(1)(iii) of the Rules, and that a forfeiture in the amount of $12,450 is appropriate, and that Hannspree is not entitled to a reduction in the amount proposed by the NAL. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Hannspree North America, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand four hundred and fifty dollars ($12,450) for willful and repeated violation of Section 15.117(i)(1)(iii) of the Rules. 14. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Intel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Peter K. Pitsch, Associate General Counsel, Intel
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Hughes possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Stephen D. Baruch, Senter & Lerman
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- MetroPCS' Motion for Sanctions. IV. ordering clauses 29. IT IS ORDERED, pursuant to sections 4(i), 4(j), 201, 208, and 332 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j), 201, 208, and 332, and sections 1.721-1.736, 20.11, and 51.711 of the Commission's rules, 47 C.F.R. S:S: 1.721-1.736, 20.11, and 51.711, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Count I of the Complaint is DISMISSED WITHOUT PREJUDICE. 30. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), 201, 202, 208, 251(b)(5), and 332 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j), 201, 202, 208, 251(b)(5), and 332, and sections 1.721-1.736, 51.301
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- willfully and repeatedly violated Section 301 of the Act and Section 25.102(a) of the Rules and willfully violated Section 25.121(e) of the Rules and find that no mitigating factors have been presented that warrant cancellation or reduction of the proposed $5,200 forfeiture. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Saga Radio Networks, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand two hundred dollars ($5,200) for willful and repeated violation of Section 301 of the Act and Section 25.102(a) of the Rules and willful violation of Section 25.121(e) of the Rules. 15. Payment of the forfeiture shall be made
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Inmate possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Thomas J. Navin, Esq., Wiley Rein
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- for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. S:S: 1.720-1.736, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111 and 0.311, that the July 2008 and March 2009 Motions ARE GRANTED, that the Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Lisa B. Griffin Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 1 Formal Complaint, File No. EB-07-MD-005 (filed Dec. 28, 2007) ("Complaint").
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- of the release of this Notice of Apparent Liability for Forfeiture and Order. Failure to do so may constitute an additional violation subjecting WorldNet to further penalties, including potentially higher monetary forfeitures. IV. ordering clauses 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Rules, WorldNet, L.L.C. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for its willful violation of a Commission Order. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) days of the release date of this Notice of Apparent Liability for
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- of prior offenses, ability to pay, and other such matters as justice may require. Taking this standard into account, and based upon the facts and circumstances presented here, we find that a forfeiture in the amount of $4,000 is appropriate in this case. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, that Greater Boston Radio, Inc., licensee of Station WMJX(FM), Boston, Massachusetts, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for apparently willfully and repeatedly violating Section 73.1216 of the Commission's rules. 14. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty
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- basic qualifications, including those related to character, to hold or obtain any Commission license or authorization, however, Halifax has agreed to refrain from applying for any new licenses for a five-year period, as stated in the Consent Decree. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the eight thousand one hundred dollar ($8,100) forfeiture imposed in the June 30, 2008 Forfeiture Order IS CANCELLED. 7. IT IS FURTHER ORDERED that Halifax Christian Community Church, Inc. SHALL NOTIFY the Media
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. 7. Bright House alleges that it could not have responded fully to the LOI because the amount of time allowed for the preparation of the company's LOI response was too brief. Certain complaints received by the Commission regarding the migration of analog programming to a digital tier, however, allege that cable operators were falsely linking the programming
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- 4. In the absence of material new evidence relating to this matter, we conclude there are no substantial or material questions of fact as to whether Arkion possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Seyamak Keyghobad, Chief Executive Officer, Arkion Systems,
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. 7. We reject Cox's contentions that it was not obligated to respond fully and completely to the Bureau's inquiry because it believes the LOI violates the PRA and is unenforceable. According to Cox and a letter submitted by the National Cable & Telecommunications Association, the Commission has violated the PRA by sending similar inquiries to 10 or
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- our review, we reduce the forfeiture associated with the unlicensed STL violation to $4,000 and conclude that a reduction of the proposed total forfeiture to $9,600 is warranted, based on Bethune-Cookman's history of compliance with the rules. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Bethune-Cookman College, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of nine thousand six hundred dollars ($9,600) for violations of Section 301 of the Communications Act, and Section 11.35(a) of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. 6. We reject Charter's argument that the LOI raises "serious procedural and due process concerns." Charter "associates itself" with a letter submitted by the National Cable & Telecommunications Association ("NCTA"). According to that letter, the Commission has violated the Paperwork Reduction Act by sending similar inquiries to 10 or more persons without first seeking notice and comment
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. 6. Harron alleges that it could not have responded fully to the LOI because the amount of time allowed for the preparation of the company's LOI response was too brief for it to arrange for the necessary disclosure of confidential material responsive to Question 8b. Certain complaints received by the Commission regarding the migration of analog programming
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- number was listed. ICTI has also continuously for more than four years failed to maintain a meaningful staff presence at the station's main studio. We therefore propose a forfeiture in the amount of $9,000 for ICTI's willful and repeated violation of Section 73.1125. IV. ordering clauses 12. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, Indianapolis Community Television, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $9,000 for willfully and repeatedly violating Section 73.1125 of the Commission's rules. 13. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release of this NAL,
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. 6. As noted above, Comcast alleges that it could not have responded fully to the LOI because the amount of time allowed for the preparation of the company's LOI response was too brief. Certain complaints regarding the migration of analog programming to a digital tier, however, allege that the cable operators are falsely linking the programming changes
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. 7. We reject Suddenlink's contentions that it was not obligated to respond fully and completely to the Bureau's inquiry because it believes the LOI violates the PRA and is therefore unenforceable. According to Suddenlink and a letter submitted by NCTA, the Commission has violated the PRA by sending similar inquiries to 10 or more persons without first
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. 7. We reject TWC's contentions that it was not obligated to respond fully and completely to the Bureau's inquiry because it believes the LOI violates the PRA and is therefore unenforceable. According to TWC and a letter submitted by the National Cable & Telecommunications Association, the Commission has violated the PRA by sending similar inquiries to 10
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- should be reduced. The NAL was sent by certified mail to 1st United's last known address. 1st United has not filed a response to the NAL nor has 1st United paid the proposed forfeiture amount. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 180(f)(4) of the Rules, 1st United Tel-Com, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of four thousand dollars ($4,000) for willfully and repeatedly violating Section 503 of the Act and Section 1.80 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in section
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- forfeiture amount is consistent with precedent in similar cases, where companies failed to provide responses to Bureau inquiries concerning compliance with the Commission's rules despite evidence that the LOIs had been received.. IV. ordering clauses 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Commissions Rules, Time Warner Cable, Inc. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for its willful violation of a Commission Order and Section 76.939 of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) days of the
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- ORDERING CLAUSES 13. Accordingly, IT IS ORDERED, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, that the Petition for Reconsideration filed by Rama Communications, Inc. IS GRANTED IN PART AND DENIED IN PART . 14. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Rama Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty two thousand five hundred dollars ($22,500) for violation of Sections 17.50, 73.49, 73.1745(a) and 73.3526 of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
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- forfeiture amount is consistent with precedent in similar cases, where companies failed to provide responses to Bureau inquiries concerning compliance with the Commission's rules despite evidence that the LOIs had been received. IV. ordering clauses 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Commissions Rules, Time Warner Cable, Inc. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for its willful violation of a Commission Order and Section 76.939 of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) days of the
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- forfeiture amount is consistent with precedent in similar cases, where companies failed to provide responses to Bureau inquiries concerning compliance with the Commission's rules despite evidence that the LOIs had been received. IV. ordering clauses 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Commissions Rules, Cox Communications, Inc. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for its willful violation of a Commission Order and Section 76.939 of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) days of the release
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- out this obligation, a cable operator also must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Lastly, numerous FCC decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Section 0.111(a)(16) of the Rules. 7. We reject Midcontinent's contentions that it was not obligated to respond fully and completely to the Bureau's inquiry, because it believes the Commission lacks the authority to seek the information in the LOI. As stated above, the Commission has broad investigatory authority, and Midcontinent is obligated to respond to our inquiries, even if it believes them
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- to the consumer identified in the Appendix. We have further determined that One Stop Motors, Inc. is apparently liable for a forfeiture in the amount of $4,500. 9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that One Stop Motors, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $4,500 for willful or repeated violations of section 227(b)(1)(B) of the Communications Act, 47 U.S.C. S: 227(b)(1)(B), sections 64.1200(a)(2) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(2), and the related
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- rules. We have reviewed our records and note no other violations by Sonshine. Under similar circumstances, we have reduced proposed forfeitures, and we find that doing so in this case is appropriate. Consequently, we reduce Sonshine's forfeiture amount from $40,000 to $32,000. IV. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, Sonshine Family Television, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $32,000 for its willful and repeated violation of Section 317(a)(1) of the Act and Section 73.1212(a) of the Commission's rules. 17. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the rules
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- receipt requested, a copy of this Notice of Debarment to Philip H. Stillman, Esq., 224 Birmingham Drive, Suite 2A, Cardiff, CA 92007. 22. IT IS FURTHER ORDERED, pursuant to section 54.8 of the Commission's rules, 47 C.F.R. S: 54.8, that this Notice SHALL BE PUBLISHED in the Federal Register. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary See 47 C.F.R. S:S: 0.111(a), 54.8. Any further reference in this letter to "Green's conviction" refers to the judgment on conviction of twenty-two counts entered in Federal District Court earlier this year. United States v. Judy Green, Criminal Docket No. 3:05-CR-00208-WHA-007, Judgment (N.D. Cal. Filed and entered March 19, 2008) ("Judy Green Judgment"). 47 U.S.C. S: 254. The Telecommunications Act of 1996 amended the Communications
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- the absence of new material evidence relating to this matter, we conclude that our investigation raises no substantial or material question of fact as to whether Marathon possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to C. Douglas Jarrett, Esq., Keller and Heckman,
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- find, however, that a downward adjustment from $8,000 to $6,400 is warranted since Nevada Sun Peak made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Nevada Sun Peak LP IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand four hundred dollars ($6,400) for the willful and repeated violation of Section 301 of the Act and Section 1.903(a) of the Rules and the willful violation of Section 1.949(a) of the Rules. 14. IT
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- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Bela possesses the basic qualifications, including but not limited to those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111. and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaints against Bela before the Enforcement Bureau related to the above captioned investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS
- http://www.fcc.gov/eb/Orders/2010/DA-10-1047A1.html
- we turn to analogous precedent relating to unauthorized operations. Consistent with this precedent, we upwardly adjust the base forfeiture by $1000 per violation, i.e., from $4000 to $5000. Thus, we propose a total forfeiture of $15,000 ($5,000 x 3 stations). IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, and 1.80 of the Rules, CruiseEmail IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willfully and repeatedly violating Section 301 of the Act and Section 1.903(a) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days of the release
- http://www.fcc.gov/eb/Orders/2010/DA-10-1052A1.html
- uploaded on the Commission's database. Accordingly, we find that Freedom Communications did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80(f) (4) of the Commission's rules, that the proposed forfeiture in the amount of four thousand dollars ($4,000) issued to Tennessee Telephone Service, LLC d/b/a Freedom Communications USA, LLC in the February 26, 2009 Notice of Apparent Liability for Forfeiture IS CANCELLED. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
- http://www.fcc.gov/eb/Orders/2010/DA-10-1054A1.html
- the best indicator of an ability to pay a forfeiture. We have reviewed Nierman's and Kakadu's documentation and conclude that a reduction of the forfeiture to $4,500 is warranted based on Nierman's and Kakadu's inability to pay. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Mark Nierman and Kakadu Productions, Inc. ARE JOINTLY AND SEVERALLY LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand five hundred dollars ($4,500) for violations of Section 301 of the Act. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
- http://www.fcc.gov/eb/Orders/2010/DA-10-1073A1.html
- of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Eight Friends. Eight Friends has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Eight Friends IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Account Number and
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- rules concerning advertising on noncommercial stations. The nature of the violations here reflects an unacceptable disregard for that duty and we intend to deter such behavior in the future by appropriate necessary means, including substantially higher forfeitures. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, National Farm Workers Service Center, Inc., licensee of noncommercial educational television Station KUFW (FM), Woodlake, California, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $12,500 for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. S: 399b and Section 73.503(d) of
- http://www.fcc.gov/eb/Orders/2010/DA-10-1079A1.html
- a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $4,000 to Paisa. Paisa has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Paisa IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules. 4. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Account Number and FRN
- http://www.fcc.gov/eb/Orders/2010/DA-10-1080A1.html
- severally to Delroy Johnson, Paul Parara, and Richard Parara. Neither Delroy Johnson, Paul Parara, nor Richard Parara has filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Delroy Johnson, Paul Parara, and Richard Parara ARE JOINTLY AND SEVERALLY LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission.
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether QCC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b)of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-referenced investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class certified mail, return receipt requested, to Harisha J. Bastiampillai, Esq., Senior Attorney, Qwest Communications
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- violations of section 64.1200(c)(2) of the Commission's rules and related orders, for the reasons set forth in the NAL. III. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that AZ Prime One Mortgage Corporation IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $20,000 for willfully and repeatedly violating section 64.1200(c)(2) of the Commission's rules, 47 C.F.R. S: 64.1200(c)(2), as described in the paragraphs above. 7. Payment of the forfeiture shall
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- Michele Levy Berlove, Acting Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1477 and by e-mail at Michele.Berlove@fcc.gov. Sincerely, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: United States Attorney's Office, Department of Justice (via e-mail) Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) 47 C.F.R. S: 54.8(g) (2008). See also 47 C.F.R. S: 0.111(a)(14). Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Benjamin Rowner, Notice of Suspension and Initiation of Debarment Proceedings, 25 FCC Rcd 3512 (Inv. & Hearings Div., Enf. Bur. 2010) (Attachment 1) ("Notice of Suspension"). 75 Fed. Reg. 20846 (April 21, 2010). See Notice of Suspension, 25 FCC Rcd at 3513-15. See
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- Michele Levy Berlove, Acting Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1477 and by e-mail at Michele.Berlove@fcc.gov. Sincerely, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: United States Attorney's Office, Department of Justice (via e-mail) Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) 47 C.F.R. S: 54.8(g) (2008). See also 47 C.F.R. S: 0.111(a)(14). Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Jay H. Soled, Notice of Suspension and Initiation of Debarment Proceedings, 25 FCC Rcd 3517 (Inv. & Hearings Div., Enf. Bur. 2010) (Attachment 1) ("Notice of Suspension"). 75 Fed. Reg. 20844 (April 21, 2010). See Notice of Suspension, 25 FCC Rcd at 3518-21.
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether BBG Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CMC Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether DialToneServices possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1132A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Faircall Corporation possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
- http://www.fcc.gov/eb/Orders/2010/DA-10-1133A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether GLC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1134A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Impact Network Solutions possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
- http://www.fcc.gov/eb/Orders/2010/DA-10-1135A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NWT possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1136A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NovoLink Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1138A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Opcom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Orlando possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1141A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Quasar Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1142A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tele Uno possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1182A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Arkadin possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1183A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Clarksville Mutual possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
- http://www.fcc.gov/eb/Orders/2010/DA-10-1184A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Ritter possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) )
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Lamar possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1186A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Michigan Access possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1187A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Reinbeck Municipal possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) File No.
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether US Telesis possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
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- its Request for Resolution. IV. ordering clauses 14. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201, 208, and 209 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 151, 154(i), 154(j), 201, 208, and 209, and sections 1.727 and 64.1300-64.1320 of the Commission's rules, 47 C.F.R. S:S: 1.727, 64.1300-64.1320, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111 and 0.311, that the Request for Resolution on the Pleadings IS GRANTED. 15. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 209 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 151, 154(i), 154(j), 208, and 209, and sections 1.720-1.736 and 64.1300-64.1320 of the
- http://www.fcc.gov/eb/Orders/2010/DA-10-1250A1.html
- absence of material new evidence relating to this matter, we conclude that the Bureau's investigations raise no substantial or material questions of fact as to whether GIT possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, Ginger Washburn, President, Global Information Technologies, GIT
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- are authorized but improperly labeled. Consistent with this precedent, we propose a forfeiture of $4,000 against Wi-Ex for its marketing of improperly labeled boosters in apparent willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. iV. ordering clauses 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Wi-Ex IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for marketing radio frequency devices that are not labeled in accordance with Section 2.925(a)(1) of the Rules, in willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 7. IT
- http://www.fcc.gov/eb/Orders/2010/DA-10-1257A1.html
- are authorized but improperly labeled. Consistent with this precedent, we propose a forfeiture of $4,000 against Cellphone-Mate for its marketing of improperly labeled amplifiers in apparent willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. iV. ordering clauses 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Cellphone-Mate IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for marketing radio frequency devices that are not labeled in accordance with Section 2.925(a)(1) of the Rules, in willful and repeated violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. 7. IT
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- for Alpheus's failure to file a timely Notification and a timely Initial Communications Outage Report for a reportable network outage in apparent willful and repeated violation of Section 4.9(f) of the Rules. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Rules, Alpheus Communications, LP is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of sixty thousand dollars ($60,000) for its willful and repeated violations of Section 4.9(f) of the Rules. 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) days of the release date of
- http://www.fcc.gov/eb/Orders/2010/DA-10-1271A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Huawei possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jiangao Cui, Senior Vice President, Futurewei
- http://www.fcc.gov/eb/Orders/2010/DA-10-1274A1.html
- justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Myers is apparently liable for a forfeiture in the amount of $10,000. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Christopher M. Myers is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
- http://www.fcc.gov/eb/Orders/2010/DA-10-1298A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether BroadRiver possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1299A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether B W Telcom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1300A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Comteck of Indiana possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1301A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Communications 1 possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1302A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Craw-Kan possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1303A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether DTC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1304A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether FiberComm possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1305A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Glenwood possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) File No.
- http://www.fcc.gov/eb/Orders/2010/DA-10-1306A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Hamilton possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1307A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Home Long Distance possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1308A1.html
- response to the Omnibus NAL, each of the companies listed in the Appendix provided evidence that they had, in fact, timely submitted a CPNI certification filing for the 2007 calendar year. Accordingly, we find that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeitures in the Omnibus NAL against the companies in the attached Appendix WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS
- http://www.fcc.gov/eb/Orders/2010/DA-10-1321A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Qomo possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against Qomo before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER ORDERED that
- http://www.fcc.gov/eb/Orders/2010/DA-10-1326A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether GlobalNova possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1327A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Horizon possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1328A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether KeyArt possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1329A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether MTC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1330A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NNTC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1331A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Nunn Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1332A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Phillips possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1333A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Pioneer possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
- http://www.fcc.gov/eb/Orders/2010/DA-10-1334A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether RTE possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1335A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Prairie Networks possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1336A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Toledo possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1337A1.html
- that our investigation raises no substantial or material questions of fact as to whether Mutual Telephone Company or Vernon Communications possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) File No.
- http://www.fcc.gov/eb/Orders/2010/DA-10-1338A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether WUE possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1339A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Andina Corporation possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1340A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Answer Fort Smith possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1346A1.html
- a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Blake. Blake has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Dexter Blake IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Account Number and
- http://www.fcc.gov/eb/Orders/2010/DA-10-1367A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Korea Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1370A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CMOLS possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1371A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tri-State possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1372A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Bingo possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1374A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Advanced Paging possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
- http://www.fcc.gov/eb/Orders/2010/DA-10-1375A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Airwaves Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1376A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Axxis Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-138A1.html
- NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation or reduction of the $10,000 forfeiture proposed for these violations. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ayustar Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
- http://www.fcc.gov/eb/Orders/2010/DA-10-143A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether XIT possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Marjorie Spivak, Esq., counsel for Texas
- http://www.fcc.gov/eb/Orders/2010/DA-10-1442A1.html
- an ability to pay a forfeiture. We have reviewed LSM Radio's submitted documentation and conclude that the forfeiture should be reduced to $8,500, based on its documented inability to pay the forfeiture amount proposed in the NAL. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, LSM Radio Partners, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand five hundred dollars ($8,500) for violations of Section 11.35(a) and 73.1125(a) of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
- http://www.fcc.gov/eb/Orders/2010/DA-10-1444A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Dialaround possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1452A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether River City Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1458A1.html
- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Hearst possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Hearst Stations, Inc., Stephen Hartzell,
- http://www.fcc.gov/eb/Orders/2010/DA-10-1472A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Western Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1473A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Westside Paging possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
- http://www.fcc.gov/eb/Orders/2010/DA-10-1474A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Ray's Electronics possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1475A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Page Plus possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1476A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Mobile Radio possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
- http://www.fcc.gov/eb/Orders/2010/DA-10-1477A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Huffman possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1478A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Kotana Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1479A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Teleplex possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
- http://www.fcc.gov/eb/Orders/2010/DA-10-1480A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Matthews Answering Service possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1481A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Lancaster Radio possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1482A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Rio Networks possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) File No.
- http://www.fcc.gov/eb/Orders/2010/DA-10-1484A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether International Satellite Services possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
- http://www.fcc.gov/eb/Orders/2010/DA-10-1485A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Westel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1486A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether eKit.com possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1487A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CresComm possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
- http://www.fcc.gov/eb/Orders/2010/DA-10-1488A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Alpha Message possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1489A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Clark Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1490A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Bryan 800 possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1491A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Cottonwood Holdings possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
- http://www.fcc.gov/eb/Orders/2010/DA-10-1499A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Fones West possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
- http://www.fcc.gov/eb/Orders/2010/DA-10-1500A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Janaslani possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1501A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Fluent possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1502A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether The Money Store possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://www.fcc.gov/eb/Orders/2010/DA-10-1503A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether The Contact Network possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
- http://www.fcc.gov/eb/Orders/2010/DA-10-1504A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Total Communication Systems possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1505A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Basin Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1506A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Telstar possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1507A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Terral Telephone possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1508A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Signal Telecommunications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1511A1.html
- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Kannad possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Kannad, Daniel Brenner, Esq., Hogan
- http://www.fcc.gov/eb/Orders/2010/DA-10-1524A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether KLM possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) File Nos.
- http://www.fcc.gov/eb/Orders/2010/DA-10-1526A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Ninetel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1527A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Oratel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1528A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ONS-Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1530A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether David L. English possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
- http://www.fcc.gov/eb/Orders/2010/DA-10-1531A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Communications Specialists possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1532A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Flower City possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1533A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether C & C possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1534A1.html
- we conclude that our investigation raises no substantial or material questions of fact as to whether B & C Mobile possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
- http://www.fcc.gov/eb/Orders/2010/DA-10-1535A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Relay Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1536A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Aroostook possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://www.fcc.gov/eb/Orders/2010/DA-10-153A1.html
- FCC rules is unblemished. Based on Gaston College's history of compliance and the circumstances of this case, we find that a reduction of the forfeiture amount on that basis to $8,000 is appropriate. IV. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Section 1.80 of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, Gaston College IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 (Eight Thousand Dollars) for its willful and repeated violation of Section 73.3527 of the Commission's rules. 17. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the rules within 30 days of the release
- http://www.fcc.gov/eb/Orders/2010/DA-10-1568A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Lloyd Hoff possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
- http://www.fcc.gov/eb/Orders/2010/DA-10-1569A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Lucky Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1570A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Quick-Tel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1571A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NexGen Integrated Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the
- http://www.fcc.gov/eb/Orders/2010/DA-10-1572A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Iscom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1573A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Innovative Processing possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://www.fcc.gov/eb/Orders/2010/DA-10-1576A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether GlobalPhone possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1577A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether GeoNet possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1578A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Gateway Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1580A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether First Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1581A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Ezequiel Guido possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1582A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Circle Telephone possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1583A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Carolina possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1584A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Allcom Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1592A1.html
- of prior offenses, ability to pay, and other such matters as justice may require. Taking this standard into account, and based upon the facts and circumstances presented here, we find that a forfeiture in the amount of $4,000 is appropriate in this case. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, that Nassau Broadcasting III, L.L. C., licensee of Station WWEG(FM), Myersville, Maryland, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for apparently willfully and repeatedly violating Section 73.1216 of the Commission's rules. 11. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within
- http://www.fcc.gov/eb/Orders/2010/DA-10-15A1.html
- NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation or reduction of the $10,000 forfeiture proposed for this violation. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jerry and Deborah Stevens ARE LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
- http://www.fcc.gov/eb/Orders/2010/DA-10-1648A1.html
- Based on the precedent cited herein and applying the factors set forth in section 503(b)(2)(E) of the Act and section 1.80 of the Rules, we conclude that Turner is apparently liable for a total forfeiture of $16,000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Rules, Turner Broadcasting System, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for apparently willfully violating section 310(d) of the Act and sections 25.119 and 1.948 of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, that
- http://www.fcc.gov/eb/Orders/2010/DA-10-164A1.html
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CBS possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b)of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-referenced investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. 7. IT IS FURTHER ORDERED that the third-party complaint against CBS before the Bureau related to the above-captioned investigation as of the date of
- http://www.fcc.gov/eb/Orders/2010/DA-10-1663A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether New Talk possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://www.fcc.gov/eb/Orders/2010/DA-10-1671A1.html
- Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Ms. Lubin is apparently liable for a forfeiture in the amount of twenty thousand dollars ($20,000). IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Nounoune Lubin is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violation of Section 301 of the Act. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/Orders/2010/DA-10-1679A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether World Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1680A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Global Connect possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://www.fcc.gov/eb/Orders/2010/DA-10-1681A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Courtesy Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1682A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether VIP Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1683A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether International Telnet possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1684A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Range Corporation possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1685A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Madera Radio possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1686A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Suncoast possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1687A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tri-Caps possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1688A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TTI Comm possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1706A1.html
- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Nex-Tech possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jeff Wick, Chief Operating Officer, Nex-Tech, Inc.,
- http://www.fcc.gov/eb/Orders/2010/DA-10-1707A1.html
- Office ("Miami Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Mr. Myers. Mr. Myers has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Christopher M. Myers IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
- http://www.fcc.gov/eb/Orders/2010/DA-10-1722A1.html
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaint against the Licensee before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree IS DISMISSED. 8. IT IS FURTHER ORDERED
- http://www.fcc.gov/eb/Orders/2010/DA-10-1734A2.html
- of material new information not previously disclosed to the Bureau, we conclude that our investigations raise no substantial or material questions of fact as to whether Purple possesses the basic qualifications to hold or obtain a Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau 47 U.S.C. S:S: 154(i). 47 C.F.R. S:S: 0.111, 0.311. (...continued from previous page) (continued....) Federal Communications Commission FCC 10-1734 2 Federal Communications Commission DA 10-1734 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1734A2.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1734A2.doc 3. http://transition.fcc.gov/eb/Orders/2010/DA-10-1734A1.html
- http://www.fcc.gov/eb/Orders/2010/DA-10-1761A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Audio-Video possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://www.fcc.gov/eb/Orders/2010/DA-10-1770A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Teton possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1771A1.html
- we conclude that our investigation raises no substantial or material questions of fact as to whether Mobile Phone of Oklahoma possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1772A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Chapin Long Distance possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1774A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Lunex Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1775A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Maverick Media possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1776A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether McBlue possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1778A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Metro Beeper possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1779A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Milbank Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1781A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Cordova possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1803A1.html
- adjustment is warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that American Taxi is apparently liable for a forfeiture in the amount of $20,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Rules, American Taxi Shuttle and Limo, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violation of section 301 of the Act. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of
- http://www.fcc.gov/eb/Orders/2010/DA-10-1807A1.html
- the absence of material new evidence relating to this matter, we conclude that our investigations raise no substantial or material questions of fact as to whether Globalstar possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Gregory J. Vogt, Law Offices of Gregory
- http://www.fcc.gov/eb/Orders/2010/DA-10-1819A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Telecom Argentina possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1821A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Beeper People possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1822A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Texapage possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1823A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Valley Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://www.fcc.gov/eb/Orders/2010/DA-10-1824A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether World Communication Center possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1825A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tim Ron Enterprises possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1826A1.html
- we conclude that our investigation raises no substantial or material questions of fact as to whether Radio Communications of Charleston possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://www.fcc.gov/eb/Orders/2010/DA-10-1827A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Westar possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-1828A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Leflore possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1829A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether X5 Solutions possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1830A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Premiere Communications Systems possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1831A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Lectronics possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1832A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Hello Pager possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://www.fcc.gov/eb/Orders/2010/DA-10-1833A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether RCC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1834A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ARN possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://www.fcc.gov/eb/Orders/2010/DA-10-1835A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether LaVergne's possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1841A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Keystone Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://www.fcc.gov/eb/Orders/2010/DA-10-1842A1.html
- NAL, Amp'd Mobile provided evidence that it did not begin to provide service until January 2006, and therefore was not required to file CPNI certifications for the years prior to 2006. Accordingly, we find that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture in the NAL WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Amp'd Mobile, Inc. to its address of record. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications
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- opportunity to show, in writing, why no such forfeiture should be imposed. 3. In response to the NAL, Oneida provided evidence that it was in compliance with the Commission's CPNI rules. Accordingly, we find that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture in the NAL WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Oneida County Rural Telephone Co. to its address of record. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division
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- its apparent violation of the Commission's rules by failing to prepare and maintain a CPNI certification that complies with section 64.2009(e). CTI filed for bankruptcy protection and is no longer active. We therefore find that no forfeiture should be imposed. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture in the NAL WILL NOT BE IMPOSED. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Capital Telecommunications, Inc. to its address of record. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications
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- in writing, why no such forfeiture should be imposed. 3. In response to the NAL, Key provided evidence that it was no longer a Commission licensee when the NAL was issued. Accordingly, we find that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture in the NAL WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Key Communications, LLC d/b/a West Virginia Wireless to its address of record. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild
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- to show, in writing, why no such forfeiture should be imposed. 3. In response to the NAL, Mechanicsville Telephone provided evidence that it was in compliance with the Commission's CPNI rules. Accordingly, we find that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture in the NAL WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Mechanicsville Telephone Company to its address of record. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaint pending before the Enforcement Bureau against the Licensee related to the above-captioned investigation as of the date of this Consent Decree IS DISMISSED. 8. IT
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Peconic possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaint pending before the Enforcement Bureau against Peconic related to the above-captioned investigation as of the date of this Consent Decree IS DISMISSED. 8. IT IS
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- questions of fact as to whether Puerto Rico Telephone Company, Inc., and its parent, America Movil, S.A.B. de C.V., possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class certified mail, return receipt requested, to Michael G. Jones, Esquire, Willkie Farr & Gallagher LLP, 1875
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- 4. In the absence of material new evidence relating to this matter, we conclude there are no substantial or material questions of fact as to whether Callaway possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Callaway Golf Company, Terry Mahn
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- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Telephone Answering Service possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Alaska Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ATL Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CSM Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CTI Long Distance possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- Rules. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Morris is apparently liable for a forfeiture in the amount of fifteen thousand dollars ($15,000). IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Rules, Lloyd Morris is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of section 301 of the Act. 11. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
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- Rules. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Brown is apparently liable for a forfeiture in the amount of fifteen thousand dollars ($15,000). IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Rules, Robert Brown is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of section 301 of the Act. 11. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice of
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- 2007. Accordingly, we find that the companies listed in the Appendix did not violate section 222 of the Act, section 64.2009(e) of the Commission's rules, or the Commission's EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeitures issued to the companies in the attached Appendix WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS COMMISSION Kimberly A.
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Easterbrooke Cellular possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ComTech21 possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether North Bell Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Go Solo Technologies possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CloseCall possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether KK Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Midwestern possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Com-Nav possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Cook Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether 01 Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Manchester-Hartland possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Midwest Management possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ProPage possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Standard Electronics possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether VisionTek possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against VisionTek before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER ORDERED that a
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether X2 Comm possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Nova Cellular possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Pete's Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Omnicom Paging possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether North Sight Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1978A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Go2tel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1979A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether FullTel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1980A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tel Tec possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1981A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tularosa possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1982A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether LTS possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1983A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Magellan possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1984A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether American Page Network possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1985A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Ruddata possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://www.fcc.gov/eb/Orders/2010/DA-10-1986A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tele-Beep Paging possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-1987A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TRI-M Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-19A1.html
- the statutory factors, and the matters raised by the Licensee in response to the NAL, we affirm the NAL and issue a forfeiture in the amount of $4,000. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Section 1.80 of the Commission's Rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's Rules, that Rejoynetwork, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for repeated and willful violation of Section 73.1206 of the Commission's Rules, 47 C.F.R. S: 73.1206, as described in the paragraphs above and in the NAL. 14. Payment of the forfeiture shall be made in the manner
- http://www.fcc.gov/eb/Orders/2010/DA-10-2017A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Mountain Paging possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-2018A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Dixie-Net possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-2019A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Litecall possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-2020A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether BendTel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-2021A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Biddeford possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://www.fcc.gov/eb/Orders/2010/DA-10-2023A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Web Fire possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-2024A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Indigo Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-2025A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Raycom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-2026A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether T/A Apartment Services possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-2027A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Shorelink possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-2028A1.html
- we conclude that our investigation raises no substantial or material questions of fact as to whether General Dynamics-Satellite Communication Services possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) File
- http://www.fcc.gov/eb/Orders/2010/DA-10-2030A1.html
- such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80, and the statutory factors to the instant case, we conclude that Vicot Chery is apparently liable for a forfeiture in the amount of $10,000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Rules, Vicot Chery is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act. 10. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) days of the release date of this Notice of Apparent
- http://www.fcc.gov/eb/Orders/2010/DA-10-2043A1.html
- reduction of the proposed forfeiture is warranted. Accordingly, pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we reduce the forfeiture to $3,500, based on Stone/Collins' inability to pay the proposed forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Stone/Collins Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand five hundred dollars ($3,500) for violations of Sections 73.49 and 73.3526 of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
- http://www.fcc.gov/eb/Orders/2010/DA-10-2044A1.html
- reduction of the proposed forfeiture is warranted. Accordingly, pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we reduce the forfeiture to $5,500, based on Rodgson's inability to pay the proposed forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Rodgson, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand five hundred dollars ($5,500) for violations of Sections 11.35, 73.49 and 73.3526 of the Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
- http://www.fcc.gov/eb/Orders/2010/DA-10-2047A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Delta possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class certified mail, return receipt requested, to Alan Tilles, Esquire, Shulman, Rogers, Gandal, Pordy & Ecker, PA,
- http://www.fcc.gov/eb/Orders/2010/DA-10-2052A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether St. Olaf possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-2053A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Outfitter Satellite possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-2054A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether A.M.S. Voicecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-2055A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Sumrada possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-2056A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Huntleigh Telecommunications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://www.fcc.gov/eb/Orders/2010/DA-10-2057A1.html
- 227 of the Act and the Commission's related rules and orders, for the reasons set forth in the NAL. III. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Meridian Marketing Group Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government for the sum of $18,000 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
- http://www.fcc.gov/eb/Orders/2010/DA-10-2068A1.html
- our investigation raises no substantial or material questions of fact as to whether Verizon Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S: 154(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111 and 0.311, that the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested,
- http://www.fcc.gov/eb/Orders/2010/DA-10-2097A1.html
- as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Beacon is apparently liable for a forfeiture in the amount of $18,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Beacon Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand dollars ($18,000) for violations of Sections 73.3526(e)(12), 73.1745(a) and 1.903(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://www.fcc.gov/eb/Orders/2010/DA-10-2120A1.html
- to the instant case, we conclude that Mapleton is apparently liable for a forfeiture in the amount of $10,000. We caution Mapleton that further violations of the public file rule may meet with even more severe penalties. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Mapleton License of San Luis Obispo, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 73.3526 of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://www.fcc.gov/eb/Orders/2010/DA-10-2131A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Advanced possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-2135A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Answerphone Services possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://www.fcc.gov/eb/Orders/2010/DA-10-2136A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Utility possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-2137A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Reserve Telephone possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-2138A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Bluegrass possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://www.fcc.gov/eb/Orders/2010/DA-10-2139A1.html
- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Shared Data possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to William P. Cook and Robert G.
- http://www.fcc.gov/eb/Orders/2010/DA-10-2146A1.html
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether PTI Pacifica possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Larry Knecht, Chief Financial Officer, P.O.
- http://www.fcc.gov/eb/Orders/2010/DA-10-2155A1.html
- material new evidence relating to this matter, we conclude that the Bureau's investigations raise no substantial or material questions of fact as to whether PageData and WaveSent possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, Joseph McNeal, Manager, PageData LLC/WaveSent LLC, 6610
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- taken to correct each of the cited violations and preclude recurrence, and specifying when the corrective actions were taken. We caution Mr. Smith that future violations of our rules may subject him to more severe enforcement penalties. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Daniel D. Smith is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of Sections 11.35(a), 17.47, 17.50 and 73.3526 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://www.fcc.gov/eb/Orders/2010/DA-10-2173A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether 3U Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-2174A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Mobilephone of Humboldt possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-2175A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ImOn possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-2176A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Professional Answering Service possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-2177A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether User Centric possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-2181A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Norlight possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to John Chuang, Corporate Counsel, Norlight, Inc., 8829
- http://www.fcc.gov/eb/Orders/2010/DA-10-2205A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Custom Tel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-2206A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Global Tech possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-2207A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether HUB Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-2208A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Mountain Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://www.fcc.gov/eb/Orders/2010/DA-10-2209A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Telegration possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-2224A1.html
- that our investigations raise no substantial or material questions of fact as to whether AT&T possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S: 154(i), and the authority delegated by Section 0.111 and 0.311 of the Commission's rules, 47 CFR S:S: 0.111 and 0.311, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned matter IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to AT&T Services,
- http://www.fcc.gov/eb/Orders/2010/DA-10-2235A1.html
- the forfeiture in the amount of $10,000. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's Rules, that the petition for reconsideration filed by Ayustar Corporation IS DENIED. 7. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Ayustar Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Act. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
- http://www.fcc.gov/eb/Orders/2010/DA-10-2248A1.html
- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Liberty-Bell possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Edward S. Quill, Jr., Strategies Law
- http://www.fcc.gov/eb/Orders/2010/DA-10-2268A1.html
- liable for a forfeiture in the amount of $10,000. We further order J.M.J. Radio to submit a sworn written statement within 30 days of this NAL that it is now in compliance with the Main Studio Rule. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, J.M.J. Radio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 73.1125(a) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this
- http://www.fcc.gov/eb/Orders/2010/DA-10-2272A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Parker FiberNet possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-2273A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ComputerPro possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
- http://www.fcc.gov/eb/Orders/2010/DA-10-2274A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Unitycomm possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-2276A1.html
- specific action(s) taken to correct the cited violation and to preclude recurrence, and specifying when the corrective action(s) were taken. We caution Coss that future violations of our rules may subject him to more severe enforcement penalties. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Donald D. Coss is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for apparently willfully and repeatedly violating Section 73.1745(a) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://www.fcc.gov/eb/Orders/2010/DA-10-2277A1.html
- of section 227 of the Act and the Commission's related rules and orders, as set forth in the NAL. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that General Equipment & Supply IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $4,500 for willfully or repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders
- http://www.fcc.gov/eb/Orders/2010/DA-10-2282A1.html
- based upon additional information provided by the companies, we agree that each of the companies listed in the Appendix were not required to file a CPNI certification for calendar year 2007. Consequently, we find that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS COMMISSION Kimberly A.
- http://www.fcc.gov/eb/Orders/2010/DA-10-2290A1.html
- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether RF Linx possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against RF Linx before the Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER ORDERED
- http://www.fcc.gov/eb/Orders/2010/DA-10-2303A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether XO possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Steve Nocella, Senior Vice President, Network Services,
- http://www.fcc.gov/eb/Orders/2010/DA-10-2306A1.html
- to the seriousness and repeated nature of the violations. In addition, we caution Mr. de Almeida that further violations of our rules may be subject to more severe enforcement penalties, including seizure of equipment and criminal sanctions. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Adilson Alves de Almeida IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven hundred fifty dollars ($750) for violations of Section 301 of the Act. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of
- http://www.fcc.gov/eb/Orders/2010/DA-10-2309A1.html
- apparently violating the junk fax rules. We therefore conclude that the forfeiture proposed in the NAL should not be imposed. IV. ordering clauses 7. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Section 1.80(f)(4) of the Commission's Rules, 47 C.F.R. S: 1.80(f)(4), and under the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, the proposed forfeiture in the amount of $13,500 issued to CyberData, Inc. in the July 18, 2007 Notice of Apparent Liability for Forfeiture for willful and repeated violations of a Commission order WILL NOT BE IMPOSED. 8. IT IS FURTHER ORDERED that a copy of this Order shall be
- http://www.fcc.gov/eb/Orders/2010/DA-10-2313A1.html
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaint and allegations against the Station and/or the Licensee before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree
- http://www.fcc.gov/eb/Orders/2010/DA-10-2319A1.html
- require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Good Karma willfully and repeatedly violated Section 73.1216 of the Commission's rules and is apparently liable for a forfeiture in the amount of $4,000. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, that Good Karma Broadcasting, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for apparently willfully and repeatedly violating Section 73.1216 of the Commission's rules. 14. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release of
- http://www.fcc.gov/eb/Orders/2010/DA-10-2325A1.html
- we conclude that our investigation raises no substantial or material questions of fact as to whether A & W Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-2327A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Kelley's Tele-Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-2328A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Mobilpage possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
- http://www.fcc.gov/eb/Orders/2010/DA-10-2338A1.html
- upward adjustment is warranted. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Dollar is apparently liable for a forfeiture in the amount of $12,000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, DTG Operations Inc., d/b/a Dollar Rent-A-Car, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for apparently willfully and repeatedly violating Section 301 of the Act and Section 1.903(a) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of
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- for violations. In the final analysis and based on all the factors and evidence, including the extended period of unauthorized operation and BASF's size and ability to pay a forfeiture, we conclude that a forfeiture of twenty-five thousand dollars ($25,000) is appropriate. IV. ordering clauses 12. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.311 and 1.80 of the Rules, BASF Corporation IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for the willful and repeated violation of section 301 of the Act and section 1.903(a) of the Rules and the willful violation of section 1.949(a) of the Rules. 13. IT IS FURTHER ORDERED that,
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- in the amount of $16,000. Although we exercise discretion in this instance in not imposing a higher forfeiture, we warn the Licensee that future violations of this nature may result in harsher enforcement action, including license revocation proceedings. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, that WSKQ Licensing, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for apparently willfully and repeatedly violating Section 73.1206 of the Commission's rules. 12. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Paxx Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Dunnell possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In
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- based upon additional information provided by the companies, we agree that each of the companies listed in the Appendix were not required to file a CPNI certification for calendar year 2007. Consequently, we find that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeitures in the Omnibus NAL against the companies in the attached Appendix WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether MaxCell possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Ken Johnson, Esq., Counsel for Maximum Communications
- http://www.fcc.gov/eb/Orders/2010/DA-10-237A1.html
- on the record before us, we conclude that our investigations raise no substantial or material questions of fact as to whether Bluegrass possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Ronald R. Smith, President, Bluegrass Cellular,
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Luna Park possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the proposed forfeiture in the Notice of Apparent Liability for Forfeiture issued on January 8, 2010 against Luna Park WILL NOT BE IMPOSED. 7. IT IS FURTHER ORDERED that a copy of this
- http://www.fcc.gov/eb/Orders/2010/DA-10-238A1.html
- on the record before us, we conclude that our investigation raises no substantial or material questions of fact as to whether Centennial possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to William L. Roughton, Jr., Vice President,
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether New Start possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) )
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- of Engineering and Technology's Equipment Authorization Database. 15. In light of the foregoing, we propose a $15,000 forfeiture against Sandhill for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in section 20.19(c)(3)(ii)of the Rules. IV. ORDERING clauses 16. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Sandhill Communications IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willful and repeated violations of section 20.19(c)(3)(ii) of the Rules. 17. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice of
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- the commercial availability of hearing aid-compatible handsets and to assess CT Communications's compliance with the hearing aid compatibility handset requirements during that period. We accordingly direct CT Communications to submit the report within thirty (30) days after the release of this NAL. IV. ORDERING clauses 11. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Champaign Telephone Company d/b/a CT Communications, Inc. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for its failure to file the required hearing aid compatibility status report in apparent willful violation of the requirements set forth in section 20.19(i)(1) of the Rules. 12. IT IS
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- 20.19(c)(3)(ii) of the Rules. 14. We therefore find Indigo Wireless is apparently liable for a total forfeiture of $39,000 for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in section 20.19(c)(3)(ii) of the Rules. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Indigo Wireless, Inc. IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirty-nine thousand dollars ($39,000) for willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice
- http://www.fcc.gov/eb/Orders/2010/DA-10-2440A1.html
- the base forfeiture amount from $15,000 to $19,500 is warranted. We therefore propose a $19,500 forfeiture against Epic Touch for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in section 20.19(c)(3)(ii) of the Rules. IV. ORDERING clauses 15. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Epic Touch Co., Inc. IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand five hundred dollars ($19,500) for willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date
- http://www.fcc.gov/eb/Orders/2010/DA-10-24A1.html
- Rushmore willfully and repeatedly violated Sections 1.903(a), 1.947(a), 11.35(a), 73.3526, and 74.532(e) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $17,500 is warranted. IV. ORDERING CLAUSES 19. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Mt. Rushmore Broadcasting, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,500 for willfully and repeatedly violating Sections 1.903(a), 1.947(a), 11.35(a), 73.3526, and 74.532(e) of the Rules. 20. IT IS FURTHERED ORDERED THAT, within 30 days of the release of this Order, Mt. Rushmore Broadcasting, Inc., file with the District
- http://www.fcc.gov/eb/Orders/2010/DA-10-25A1.html
- NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we find no basis for cancellation or reduction of the $13,000 forfeiture proposed for these violations. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Verizon Wireless (VAW) LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Sections 17.4 and 17.21 of the Rules. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
- http://www.fcc.gov/eb/Orders/2010/DA-10-268A1.html
- reduction based on an inability to pay and therefore such request is denied. We do find, however, that a reduction is warranted based on Abacus's history of compliance with the Commission's Rules and we reduce the forfeiture amount on that basis to $3,200. IV. Ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules that Abacus Television IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand two hundred dollars ($3,200) for willful and repeated violation of 47 C.F.R. S: 1.903(a). 7. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
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- conclude that SDACH willfully and repeatedly violated Sections 1.903(a), 1.903(b), and 11.35(a) of the Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture to $15,200 is warranted. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Seventh-Day Adventist Community Health Serv. of Greater NY, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $15,200 for willfully and repeatedly violating Sections 1.903(a), 1.903(b), and 11.35(a). 16. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
- http://www.fcc.gov/eb/Orders/2010/DA-10-26A1.html
- violated Section 73.3526(e)(12) of the Rules, based upon its inability to pay, we conclude that pursuant to Section 503(b) of the Act and the Forfeiture Policy Statement, reduction of the $10,000 forfeiture to $5,000 is warranted. IV. ORDERING CLAUSES 8. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, R-S Broadcasting Company, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for willfully and repeatedly violating Section 73.3526(e)(12) of the Rules. 9. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Account
- http://www.fcc.gov/eb/Orders/2010/DA-10-279A1.html
- eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. S:S: 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S: 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that the Motion to Withdraw Petition for Temporary Stay IS GRANTED. 5. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. S:S: 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S: 1.1401-1.1418, and the authority delegated
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- We find, however, that a downward adjustment from $8,000 to $6,400 is warranted since the University made voluntary disclosures to Commission staff and undertook corrective measures after learning of its violations, but prior to any Commission inquiry or initiation of enforcement action. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, the University of San Diego IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand four hundred dollars ($6,400) for the willful and repeated violation of Section 301 of the Act and Section 1.903(a) of the Rules and the willful violation of Section 1.949(a) of the Rules. 14.
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- failing to submit an annual compliance certificate, have apparently willfully or repeatedly violated section 64.2009(e) of the Commission's rules. We find each of the Companies apparently liable for a forfeiture of twenty five thousand dollars ($25,000). 9. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, each of the Companies listed in Appendix I of this Order are hereby LIABLE FOR A MONETARY FORFEITURE in the amount of twenty five thousand dollars ($25,000) each for willfully or repeatedly violating section 64.2009(e) of the Commission's rules by failing to submit annual compliance certificates. 10. IT IS FURTHER ORDERED THAT, pursuant to
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- failing to submit an annual compliance certificate, have apparently willfully or repeatedly violated section 64.2009(e) of the Commission's rules. We find each of the Companies apparently liable for a forfeiture of twenty five thousand dollars ($25,000). 9. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, section 1.80(f)(4) of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, each of the Companies listed in Appendix I of this Order are hereby LIABLE FOR A MONETARY FORFEITURE in the amount of twenty five thousand dollars ($25,000) each for willfully or repeatedly violating section 64.2009(e) of the Commission's rules by failing to submit annual compliance certificates. 10. IT IS FURTHER ORDERED THAT, pursuant to
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- v. Leonard Douglas LaDuron, Criminal Docket No. 2:08CR20055-001-KHV, Judgment (D. Kan. filed and entered Dec. 23, 2009) ("Leonard LaDuron Judgment"). See also United States v. Leonard Douglas "Doug" LaDuron, Criminal Docket No. 2:08CR20055-001-KHV, Indictment, 1-10, 11-14 (D. Kan. filed Apr. 24, 2009 and entered Apr. 25, 2009)(Counts 1 and 3)("LaDuron Indictment"). 47 C.F.R. S: 54.8. See also 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
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- and repeated violation of Section 301 of the Act and Section 1.903(a) of the Rules for apparently operating a radio station on frequency 123.300 MHz without Commission authority. Therefore, Lubbock Aero is apparently liable for a forfeiture in the amount of $10,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Lubbock Aero IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for the willful and repeated violation of Section 301 of the Act and Section 1.903(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty days
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- on the record before us, we conclude that our investigation raises no substantial or material questions of fact as to whether Cablevision possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Paul Jamieson, Managing Counsel, Legislative and
- http://www.fcc.gov/eb/Orders/2010/DA-10-418A1.html
- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Comtel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by First Class United States Mail to James H. Lister, Esq., Birch Horton Bittner & Cherot, 1155
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Samsung possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Joseph (Joon Kyo) Cheong, Vice President
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- is an appropriate penalty for the violation in this case, and therefore, we find that Birach is apparently liable for a forfeiture in the amount of $7,000 for a violation of Section 73.1125 of the Commission's rules. IV. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Birach Broadcasting Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Section 310(d) of the Act and Section 73.1125 of the Commission's Rules. 17. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, that within
- http://www.fcc.gov/eb/Orders/2010/DA-10-456A1.html
- is an appropriate penalty for the violation in this case, and therefore, we find that Birach is apparently liable for a forfeiture in the amount of $7,000 for a violation of Section 73.1125 of the Commission's rules. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Birach Broadcasting Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Section 310(d) of the Act and Section 73.1125 of the Commission's Rules. 16. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, that within
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- evidence relating to this matter, we conclude that our investigations raise no substantial or material questions of fact as to whether Univision possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that all investigations regarding possible violations by Univision Radio, Inc. of 47 U.S.C. S:S: 317, 508 and 47 C.F.R. S: 73.1212 being conducted by, or pending before, the Federal Communications Commission ARE TERMINATED, and that any third-party complaints and/or information alleging violations of
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- exemption, we direct Complainants to return Exhibits A-C in accordance with the procedure set forth in section 1.731(e) of the Commission's rules. VI. ORDERING CLAUSES 31. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 201, and 208 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j), 201, and 208, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that the above-captioned complaint IS GRANTED IN PART to the extent described herein and is otherwise DENIED and DISMISSED WITH PREJUDICE, and that this proceeding is TERMINATED. 32. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C.
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- any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the 503(b) factors to the facts and circumstances presented here, we find that a proposed forfeiture in the amount of $4,000 is appropriate in this case. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, that Journal Broadcast Corporation, licensee of Station KJOT(FM), Boise, Idaho, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $4,000 for apparently willfully and repeatedly violating Section 73.1216 of the Commission's rules. 14. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30)
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- Berlove, Acting Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418-1477 and by e-mail at Michele.Berlove@fcc.gov. Sincerely, Hillary S. DeNigro Chief Investigations and Hearings Division Enforcement Bureau cc: Marietta Parker, United States Attorney's Office, Department of Justice (via e-mail) Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) 47 C.F.R. S: 54.8(g) (2008). See also 47 C.F.R. S: 0.111(a)(14). Letter from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Leonard Douglas LaDuron, Notice of Suspension and Initiation of Debarment Proceedings, 25 FCC Rcd 142 (Inv. & Hearings Div., Enf. Bur. 2010) (Attachment 1)("Notice of Suspension"). 75 Fed. Reg. 3732 (Jan. 22, 2010). See Notice of Suspension, 25 FCC Rcd at 143-45. See
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Enhanced Vision possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Kamran Siminou, Chief Executive Officer, Enhanced
- http://www.fcc.gov/eb/Orders/2010/DA-10-581A1.html
- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaint and allegations against the Station and/or the Licensee before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree
- http://www.fcc.gov/eb/Orders/2010/DA-10-584A1.html
- United States v. Benjamin Rowner, Criminal Docket No. 1:08-cr-00464-1, Plea Agreement (N.D. Ill. filed July 10, 2008 and entered July 14, 2008) ("Rowner Plea"); United States v. Benjamin Rowner and Jay H. Soled, Criminal Docket No. 1:08-cr-20047-01-02 CM/JPO, Information (D. Kan. filed and entered Apr. 23, 2008) ("Rowner and Soled Information"). 47 C.F.R. S: 54.8; see also 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
- http://www.fcc.gov/eb/Orders/2010/DA-10-585A1.html
- States v. Jay H. Soled, Criminal Docket No. 1:08-cr-00464-2, Plea Agreement (N.D. Ill. filed July 10, 2008 and entered July 14, 2008) ("Soled Plea"); United States v. Benjamin Rowner and Jay H. Soled, Criminal Docket No. 1:08-cr-20047-01-02 CM/JPO, Information (D. Kan. filed and entered Apr. 23, 2008) ("Rowner and Soled Information"). 47 C.F.R. S: 54.8; see also 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
- http://www.fcc.gov/eb/Orders/2010/DA-10-586A1.html
- statutory factors to the instant case, we conclude that Connecticut Radio Fellowship, Inc. willfully and repeatedly violated Section 73.3526 of the Commission's rules and is apparently liable for a forfeiture in the amount of one thousand two hundred fifty dollars ($1,250). IV. ORDERING CLAUSES 11. ACCORDINGLY, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, Connecticut Radio Fellowship, Inc., licensee of Station WIHS(FM), Middletown, Connecticut, IS HEREBY NOTIFIED OF ITS APPARENT LIABILITY FOR A FORFEITURE in the amount of one thousand two hundred fifty dollars ($1,250) for willfully and repeatedly violating Sections 73.3526(c)(1) and (e)(5) of the Commission's rules. 12. IT IS FURTHER ORDERED, pursuant to Section 1.80
- http://www.fcc.gov/eb/Orders/2010/DA-10-616A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Motorola possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Steve Sharkey, Senior Director, Regulatory and
- http://www.fcc.gov/eb/Orders/2010/DA-10-618A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Airspan possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Eric D. Stonestrom, CEO, President and
- http://www.fcc.gov/eb/Orders/2010/DA-10-629A1.html
- foregoing facts, we are satisfied that the parties have shown good cause for granting the request to dismiss the complaint. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. S:S: 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S: 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that the Motion to Withdraw IS GRANTED. 5. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, as amended, 47 U.S.C. S:S: 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S: 1.1401-1.1418, and the authority delegated in sections 0.111 and
- http://www.fcc.gov/eb/Orders/2010/DA-10-632A1.html
- the Enforcement Bureau ("Houston Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $18,000 to KFW. KFW has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, KFW Communications LLC dba Almega Cable Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $18,000 for violations of Sections 11.35(a), 17.48, and 17.51(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
- http://www.fcc.gov/eb/Orders/2010/DA-10-633A1.html
- the Enforcement Bureau ("Houston Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $20,000 to KFW. KFW has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, KFW Communications LLC dba Almega Cable Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for violations of Sections 11.35(a), 17.4(g), 17.48, and 17.51(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
- http://www.fcc.gov/eb/Orders/2010/DA-10-669A1.html
- its marketing of phone jammers in the United States in apparent willful and repeated violation of the requirements set forth in Section 302(b) of the Act and Section 2.803 of the Rules. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Rules, Phonejammer.com is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty five thousand dollars ($25,000) for its willful and repeated violation of Section 302(b) of the Act and Section 2.803 of the Rules. 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty (30) days of
- http://www.fcc.gov/eb/Orders/2010/DA-10-685A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaints and allegations against the Station and/or Licensee before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE
- http://www.fcc.gov/eb/Orders/2010/DA-10-689A1.html
- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Axxcelera possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Axxcelera Broadband Wireless, Inc., Jack
- http://www.fcc.gov/eb/Orders/2010/DA-10-690A1.html
- Policy Statement, and the matters raised by the WXDJ in response to the NAL, we affirm the NAL and issue a forfeiture in the amount of $16,000. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended , Section 1.80 of the Commission's rules, and authority delegated by Sections 0.111 and 0.311 of the Commission's rules, WXDJ Licensing, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of sixteen thousand dollars ($16,000) for repeated and willful violation of Section 73.1206 of the Commission's rules, as described in the paragraphs above. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's rules,
- http://www.fcc.gov/eb/Orders/2010/DA-10-692A1.html
- the absence of material new evidence relating to this matter, we conclude that our investigations raise no substantial or material questions of fact as to whether ComSpan possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by certified mail, return receipt requested, to Mr. Jimmy Byrd, Chief Executive Officer, ComSpan Communications Inc., 6405
- http://www.fcc.gov/eb/Orders/2010/DA-10-756A1.html
- Bureau ("Houston Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Mr. Senat. Mr. Senat has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Balthazard Senat IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is
- http://www.fcc.gov/eb/Orders/2010/DA-10-766A1.html
- 227 of the Act and the Commission's related rules and orders, for the reasons set forth in the NALs. III. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Cost Crunch, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $22,500 for willfully and repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related orders. 7.
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- reducing the forfeiture amount, we order HTV to file a report with the Honolulu Office detailing its compliance with Sections 73.1225(a), 73.1125(c) and 73.3526 of the Rules, within 30 days of the date of this Order. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, HTV/HTN/Hawaiian TV Network, Ltd., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $1,000 for willfully and repeatedly violating Sections 73.1225(a), 73.1125(c) and 73.3526 of the Rules. 12. IT IS FURTHERED ORDERED THAT, within 30 days of the release of this Order, HTV/HTN/Hawaiian TV Network, Ltd., file with the Honolulu Resident Agent
- http://www.fcc.gov/eb/Orders/2010/DA-10-782A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Caribevision is apparently liable for a $12,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Caribevision Station Group, L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Sections 11.35(a) and 74.735(b)(2) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release
- http://www.fcc.gov/eb/Orders/2010/DA-10-783A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Hubbard is apparently liable for a $22,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Hubbard Advertising Agency, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-two thousand dollars ($22,000) for violations of Sections 11.35(a), 73.1745(a) and 73.3526 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://www.fcc.gov/eb/Orders/2010/DA-10-784A1.html
- and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that World Media is apparently liable for $21,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, World Media Broadcast Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for violations of Sections 11.35(a), 73.1400(a)(1)(ii) and 73.3526 of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the
- http://www.fcc.gov/eb/Orders/2010/DA-10-798A1.html
- of a change in ownership information for antenna structure # 1219542, in violation of Section 17.57 of the Rules. Despite evidence that Burken received the NAL, Burken has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Burken Broadcasting, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for repeatedly violating Section 17.57 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
- http://www.fcc.gov/eb/Orders/2010/DA-10-799A1.html
- $5,000 to Tropicana for operation of radio transmitters without a license, in violation of Section 301 of the Act. Despite evidence that Tropicana received the NAL, Tropicana has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Tropicana Products, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
- http://www.fcc.gov/eb/Orders/2010/DA-10-800A1.html
- of a change in ownership information for antenna structure # 1014422, in violation of Section 17.57 of the Rules. Despite evidence that MRBI received the NAL, MRBI has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Multicultural Radio Broadcasting, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for repeatedly violating Section 17.57 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
- http://www.fcc.gov/eb/Orders/2010/DA-10-801A1.html
- Commission's Rules and with a valid authorization granted by the Commission, in violation of Section 1.903(a) of the Rules. Despite evidence that Shimmick-Obayashi received the NAL, Shimmick-Obayashi has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Shimmick Construction Company Inc./Obayashi Corporation, Joint Venture, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for repeatedly violating Section 1.903(a) of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
- http://www.fcc.gov/eb/Orders/2010/DA-10-804A1.html
- 4. In the absence of material new evidence relating to this matter, we conclude there are no substantial or material questions of fact as to whether Entone possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against Entone before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 7. IT IS FURTHER ORDERED that a
- http://www.fcc.gov/eb/Orders/2010/DA-10-81A1.html
- for TCT Mobile's apparent willful and repeated failure to file required forms in violation of Section 20.19(i)(1) and $4,000 for its apparent willful failure to respond to a communication from the Commission. IV. ordering clauses 16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, and the authority delegated by Sections 0.111 and 0.311 of the Rules, TCT Mobile, Ltd. is NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for its failure to file required hearing aid compatibility status reports in willful and repeated violation of Section 20.19(i)(1) of the Rules and for its willful violation of a Commission order. 17. IT IS FURTHER
- http://www.fcc.gov/eb/Orders/2010/DA-10-829A1.html
- a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Rolon. Rolon has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Marixsa Rolon IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Account Number and
- http://www.fcc.gov/eb/Orders/2010/DA-10-830A1.html
- a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Reid. Reid has not filed a response to the NAL or paid the proposed forfeiture. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Ronald Reid IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Account Number and
- http://www.fcc.gov/eb/Orders/2010/DA-10-832A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether HBC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Shoreham possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No. EB-06-TC-4500 In the
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- Forfeiture Policy Statement. As a result of our review, we reduce the forfeiture associated with the tower lighting violation to $2,000 and reduce the total forfeiture to $4,000 based on ECPI's history of compliance with the rules. IV. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Electronic Corporate Pages, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Sections 17.51 and 17.57 of the Rules. 17. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
- http://www.fcc.gov/eb/Orders/2010/DA-10-995A1.html
- In carrying out this obligation, a broadcast licensee must provide truthful and accurate statements to the Commission or its staff in any investigatory or adjudicatory matter within the Commission's jurisdiction. Numerous Commission decisions have reaffirmed the Commission's authority to investigate potential misconduct and punish those that disregard FCC inquiries. The Commission delegated this authority to the Enforcement Bureau in Sections 0.111(a)(16) and 0.311 of the rules. 13. We have previously considered and rejected Fox's arguments concerning our authority to request information concerning stations that aired the January 3, 2010 episode of "American Dad." Commission precedent holding that forfeiture penalties will be assessed only against the licensee of a station in a market in which there was a viewer complaint filed with
- http://www.fcc.gov/eb/Orders/2011/DA-11-1000A1.html
- in the forfeiture amount of $5,000 is warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Hays is apparently liable for a forfeiture in the amount of $15,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Rules, John Hays is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of section 301 of the Act and sections 95.410 and 95.411 of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days
- http://www.fcc.gov/eb/Orders/2011/DA-11-1002A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CBW possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jouett K. Brenzel, Corporate Counsel, Cincinnati Bell
- http://www.fcc.gov/eb/Orders/2011/DA-11-101A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NewCom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by both first class and certified mail, return receipt requested, to NewCom International, Inc. at 15590 NW 15th Ave., Miami, FL 33169 and to its counsel, Frank G. Lamancusa,
- http://www.fcc.gov/eb/Orders/2011/DA-11-1043A1.html
- the requisite Commission authorization. Accordingly, pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we conclude that cancellation of the forfeiture is unwarranted and impose a forfeiture in the amount of $20,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, American Taxi Shuttle and Limo, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of section 301 of the Act. 9. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of
- http://www.fcc.gov/eb/Orders/2011/DA-11-1050A1.html
- number of factors including, but not limited to, the number of antenna structures in the array, the duration of the failure to update registration, and the level of difficulty involved in contacting errant antenna structure owners. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and sections 0.111, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Lazer Broadcasting Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for repeatedly violating section 17.57 of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release of this Order. If the
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Smith Bagley possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Smith Bagley, Inc., Todd Slamowitz,
- http://www.fcc.gov/eb/Orders/2011/DA-11-1054A1.html
- Office ("Miami Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $20,000 to Mr. Bazile. Mr. Bazile has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Marckenson Bazile IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for violations of section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- the investigation. 4. In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact concerning UTC's basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Union Telephone Company, David
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- WLSW is now in compliance with section 73.3526 of the Rules. This statement must be provided to the Enforcement Bureau at the address listed in paragraph 13 within thirty days of the release date of this NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314 and 1.80 of the Commission's Rules, L. Stanley Wall is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of section 73.3526(e)(12)of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date of this
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether DRS Technologies possesses the basic qualifications, including those related to character, to hold or obtain a Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent both by Certified Mail - Return Receipt Requested and by regular mail to Audrey S. Stern, Vice President
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Southwest Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman, Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether LGT possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- be provided to the Houston Office at the address listed in paragraph 16 within thirty days of the release date of this NAL. Failure to comply with this requirement could subject the licensee to additional enforcement actions. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, Vision Latina Broadcasting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of sections 73.1125 and 73.3526 of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release
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- of material new evidence relating to this matter, we conclude that the Bureau's investigation raises no substantial or material questions of fact as to whether Compass Global possesses the basic qualifications, including those related to character, to hold or obtain a Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by Certified Mail - Return Receipt Requested to counsel for Compass, Inc., d/b/a Compass Global, Inc., Jonathan
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- why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by the companies, we agree that no forfeiture penalties should be imposed on each of the companies listed in the Appendix. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS COMMISSION Richard A.
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against Catamount before the Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER ORDERED
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against Chico before the Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER ORDERED
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CCI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Public Service Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- by failing to provide the required sponsorship identification announcement for the VNR material used in the Station's June 19, 2006, broadcast. We conclude that Fox is liable for a forfeiture in the amount of four thousand dollars ($4,000). IV. ORDERING CLAUSES 20. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, that Fox Television Stations, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for its willful violation of section 317 of the Communications Act of 1934, as amended, and section 73.1212 of the Commission's rules. 21. IT IS FURTHER ORDERED, that payment of the forfeiture shall
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- Office ("Miami Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Mr. Robinson. Mr. Robinson has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Antonio Robinson IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- $8,000 is appropriate for each one of the eight separate domestic substantial transfers of control without prior Commission approval. Based on the facts and circumstances presented, we conclude that a proposed forfeiture of $8,000 against each of the ATMS Subsidiaries is warranted. IV. ORDERING CLAUSES 7. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.311, 0.314 and 1.80 of the Rules, BLC Acquisition Group, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for apparently willfully or repeatedly violating section 214(a) of the Act and sections 63.03 and 63.04 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to section 503(b) of the
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ReconRobotics possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class and certified mail, return receipt requested, to counsel for ReconRobotics, Inc., Mitchell Lazarus, Fletcher, Heald
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- complete public inspection file is available at Station WGTM(AM)'s main studio. This statement must be provided to the Norfolk Office at the address listed in paragraph 16 within thirty days after the release date of this NAL. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's Rules, Spirit Broadcasting, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of sections 11.35, 73.49, and 73.3526 of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Toly Digital possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Advance Business Integration possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Call-O-Call possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- $5,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED, pursuant to section 405 of the Communications Act of 1934, as amended, and section 1.106 of the Rules, that the Petition for Reconsideration filed by Christopher M. Myers IS GRANTED IN PART AND DENIED IN PART. 12. IT IS ALSO ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Christopher M. Myers IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for violations of section 301 of the Act. 13. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release of this Memorandum Opinion
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether AccessCom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- Policy Statement. As a result of our review, we conclude that Mr. Alleyne and Ms. White willfully and repeatedly violated section 301 of the Act and that the $10,000 forfeiture proposed in the NAL is warranted. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Andre Alleyne and Jessie White ARE JOINTLY AND SEVERALLY LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating section 301 of the Act. 14. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the
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- imposed. The good faith compliance measures described above, the unusual circumstances preventing construction, and the appointment of a receiver are all relevant to our consideration of any forfeiture, and in this case to our determination to impose no forfeiture penalty. 6. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to Spirit of Alaska Broadcasting, Inc., in the above captioned proceeding WILL NOT BE IMPOSED. 7. IT IS FURTHER ORDERED that a copy of this Order shall be sent both by First Class Mail and Certified Mail Return Receipt Requested to Spirit of Alaska Broadcasting, Inc., at
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- Upon review of the record and based upon additional information provided by RAMCO, we are persuaded that RAMCO did not own the antenna structure during the violations cited in the NAL and agree that no forfeiture penalty should be imposed. 4. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Rules, the proposed forfeiture issued to RAMCO Broadband Services WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to RAMCO Broadband Services at 726 US Highway 202 Suite 320-119, Bridgewater, NJ 08807-2737. FEDERAL COMMUNICATIONS
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- Communications was granted an opportunity to show, in writing, why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by Dezco Communications, we agree that no forfeiture penalty should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to Dezco Communications WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Dezco Communications, Inc., Attn. Ronald F. Zeiler, President, 13506 S. Kenton St., Crestwood, IL 60445. FEDERAL COMMUNICATIONS
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- was granted an opportunity to show, in writing, why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by Galaxy Internet Services, we agree that no forfeiture penalty should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to Galaxy Internet Services WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Galaxy Internet Services, Attn. Robert Carp, President, 188 Needham St., Suite 110R, Newton, MA 02464. FEDERAL
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- Office ("Miami Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $22,000 to Ms. Smith. Ms. Smith has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Judith V. Smith IS LIABLE FOR A MONETARY FORFEITURE in the amount of $22,000 for violations of sections 301 and 303(n) of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release of this Order.
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- Department of Justice (via e-mail) Stephanie Toussaint, Antitrust Division, United States Department of Justice (via e-mail) Any further reference in this letter to "your conviction" refers to your conviction of count one in Case No. 10-324-L. United States v. Barrett C. White, Criminal Docket No. 10-324-L, Judgment (E.D.LA. filed June 9, 2011) ("Judgment"). 47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
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- other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that HK Media is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, HK Media, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 73.3526 of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date of
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- and the Commission's Rules. This statement must be provided to the Enforcement Bureau at the address listed in paragraph 23 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture and Order. IV. ORDERING CLAUSES 18. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Commission's Rules, Rapidwave, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for apparently willfully and repeatedly violating sections 301 and 302(b) of the Act, and sections 15.1(b) and 15.1(c) of the Rules. 19. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the
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- the statutory factors to the instant case, we therefore conclude that Sling is apparently liable for a forfeiture of $20,000 for unlicensed operation in violation of section 301 of the Act and section 15.1(b) of the Rules. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, Sling Broadband, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of section 301 of the Act and section 15.1(b). 16. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the release
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- transmitter is operating. This statement must be provided to the San Juan Office at the address listed in paragraph 20 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture and Order. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Ayustar Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of sections 301, and 302(b) of the Act and sections 15.1(b) and 15.1(c) of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules,
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- the Commission's Rules. This statement must be provided to the Kansas City Office at the address listed in paragraph 17 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture and Order. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, Insight Consulting Group of Kansas City, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violations of section 301 of the Act and section 15.1(b) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's
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- Office ("Miami Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Mr. Rhodd. Mr. Rhodd has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Mikhail Rhodd IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- is attached hereto and incorporated herein by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation without imposing a forfeiture. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111, 0.204, 0.311, and 0.314 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED without imposing a forfeiture. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class and certified mail, return receipt requested, to Mr.
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- material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Companies possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Act, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-referenced investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class certified mail, return receipt requested, to counsel for the Companies, Timothy J. Cooney, Esq.,
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Alpheus possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture issued by the Bureau against Alpheus on July 6, 2010 IS CANCELLED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
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- Office ("Atlanta Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $12,000 to Miller Communications. Miller Communications has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Miller Communications, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,000 for violations of section 303(q) of the Act and sections 17.47(a) and 17.51(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days
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- Department of Justice (via email) Marvin Opotowsky, Antitrust Division, United States Department of Justice (via email) Any further reference in this letter to "your conviction" refers to your conviction in United States v. Tyrone D. Pipkin, Criminal Docket Nos. 10-325 and 11-15 "A", Judgment (E.D.LA. filed June 21, 2011) ("Tyrone Pipkin Judgment"). See 47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
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- material new evidence relating to this matter, we conclude that the Bureau's investigation raises no substantial or material questions of fact as to whether STi and Progress possess the basic qualifications, including those related to character, to hold or obtain a Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by Certified Mail - Return Receipt Requested to counsel for STi Telecom Inc. and Progress International, LLC,
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- Office ("Tampa Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Mr. Ford. Mr. Ford has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Patrick Michael Ford, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release of this Order. If
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether New Bridge possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- Class B digital audio RF device without the mandatory disclosures to consumers in the device's user manual in apparent willful and repeated violation of section 302(b) of the Act and sections 2.803(a)(2) and 15.105(b) of the Rules. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80 of the Commission's rules, Marshall Amplification PLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand two hundred dollars ($7,200) for marketing a Class B digital audio radio frequency device without including the requisite consumer disclosure language in the device's user manual in apparent willful and repeated violation of section
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ValuTel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- the combined base forfeiture of $17,000 is warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Gutierrez is apparently liable for a $25,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314, and 1.80 of the Rules, Estevan J. Gutierrez is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violation of sections 301 and 333 of the Act. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days of the release date of
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- of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NUI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Act, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-referenced investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class certified mail, return receipt requested, to Michael Landreth, Chief Financial Officer, BroadRiver Communication Corporation,
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Saving Call possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.:
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- Therefore, based on all the factors and evidence, including the extended period of unauthorized operation and Northeast Utilities' ability to pay a forfeiture, we find that an upward adjustment of the base forfeiture is warranted. Accordingly, we propose a forfeiture of $19,000. iv ordering clauses 10. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.311, and 1.80 of the Rules, Northeast Utilities Service Company IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand dollars ($19,000) for the willful and repeated violation of section 301 of the Act and section 1.903(a) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within
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- why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by the companies, we agree that no forfeiture penalties should be imposed on each of the companies listed in the Appendix. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS COMMISSION Richard A.
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Telebeep possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- ongoing safety hazard to air traffic control. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Power is apparently liable for a forfeiture of $12,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, Power Ministries is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of section 73.1660(a)(2) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release date of this
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- prior forfeitures or violations. 11. For these reasons, pursuant to section 503(b) of the Act, and in conjunction with the Forfeiture Policy Statement, we conclude that cancellation or reduction of the proposed $14,000 forfeiture is not warranted. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Crocodile Broadcasting Corp., Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violations of sections 73.1745(a) and 73.3526 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- ordering clauses 7. Accordingly, IT IS ORDERED that, pursuant to section 405 of the Communications Act of 1934, as amended, and section 1.106 of the Rules, that the Petition for Reconsideration filed by Mt. Rushmore Broadcasting, Inc., IS DENIED and the Forfeiture Order IS AFFIRMED. 8. IT IS ALSO ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Mt. Rushmore Broadcasting, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of seventeen thousand, five hundred dollars ($17,500) for violations of sections 1.903(a), 1.947(a), 11.35(a), 73.3526, and 74.532(e) of the Commission's rules. 9. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Accutel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.:
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Revolution Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter
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- has not received a prior violation during its thirteen-year history. We have examined the record and agree. Accordingly, we further reduce the total forfeiture from $12,500 to $10,000 based on Taylor's history of compliance with the Rules. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Taylor Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of sections 17.48(a) and 73.3526 of the Commission's rules. 12. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of
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- international telecommunications services [is] egregious." Given these considerations and consistent with precedent, we conclude that a forfeiture of $100,000 is warranted for FTTH's apparent willful and repeated failure to obtain section 214 authority from the Commission prior to providing international telecommunications service. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.311, 0.314 and 1.80 of the Rules, FTTH Communications LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of one hundred thousand dollars ($100,000) for apparently willfully and repeatedly violating section 214(a) of the Act and section 63.18 and 63.04 of the Rules. 12. Payment of the forfeiture must be made by check or similar
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- resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources by the parties and this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 151, 154(i), 154(j), and 224, and the authority delegated in sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, and 1.1401-1.1418, that the Motion is GRANTED, and that the Complaint IS DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Joint Motion For Dismissal With Prejudice, File No. EB-11-MD-007 (filed August 16, 2011) ("Motion"). Complaint, File No. EB-11-MD-007 (filed June 15, 2011)
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- has been installed for the Meriden and Jefferson cable systems. This statement must be provided to the Kansas City Office at the address listed in paragraph 16 within thirty days of the release date of this NAL. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, SCI Cable Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE AND ORDER in the amount of thirteen thousand dollars ($13,000) for violations of sections 11.35 and 76.1803 of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of
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- has been installed for the Perry and Lecompton cable systems. This statement must be provided to the Kansas City Office at the address listed in paragraph 15 within thirty days of the release date of this NAL. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, SCI Cable Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE AND ORDER in the amount of thirteen thousand dollars ($13,000) for violations of sections 11.35 and 76.1803 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of
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- operational EAS equipment has been installed for the Pottawatomie system. This statement must be provided to the Kansas City Office at the address listed in paragraph 16 within thirty days of the release date of this NAL. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, SCI Cable Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE AND ORDER in the amount of thirteen thousand dollars ($13,000) for violations of sections 11.35 and 76.1803 of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Crossfire possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.:
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- Bureau's Miami Office ("Miami Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $20,000 to Sling. Sling has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Sling Broadband, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for violations of section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release of this Order. If the
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- best indicator of an ability to pay a forfeiture. Having reviewed Mr. Lindor's submitted documentation, we conclude that the forfeiture should be reduced to $300, an amount within the range determined by the Bureau to be affordable. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Fritzner Lindor IS LIABLE FOR A MONETARY FORFEITURE in the amount of three hundred dollars ($300) for violations of section 301 of the Act. 7. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release of this
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- of $5,000. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Lebron is apparently liable for a total forfeiture in the amount of $15,000. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Eleuterio Lebron is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of section 301 of the Act. 7. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the release date of this
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- best indicator of an ability to pay a forfeiture. Having reviewed Mr. Hays's submitted documentation, we conclude that the forfeiture should be reduced to $450, an amount within the range determined by the Bureau to be affordable. IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, John Hays IS LIABLE FOR A MONETARY FORFEITURE in the amount of four hundred fifty dollars ($450) for violations of section 301 of the Communications Act of 1934, as amended, and sections 95.410 and 95.411of the Commission's rules. 6. Payment of the forfeiture shall be made in the manner provided for
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- apparent willful and repeated violation of section 301 of the Act and sections 1.903(a) and 95.3 of the Rules for apparently operating a GMRS system without Commission authority. Therefore, Scottsdale Lexus is apparently liable for a forfeiture in the amount of $10,000. III. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.311 and 1.80 of the Rules, Scottsdale Lexus IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for the willful and repeated violation of section 301 of the Act and sections 1.903(a) and 95.3 of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within
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- the Act and section 64.1200(a)(3) of the Commission's rules for the reasons set forth in the NAL and herein. IV. ordering clauses 8. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Western Aviation, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $4,500 for willfully violating section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), and section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3). 9. Payment of the forfeiture
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- we have evidence that Perka received the letter, we have not received a response. We therefore have no basis for assessing Perka's financial situation and find that a forfeiture in the amount of $17,000 is warranted. IV. ORDERING CLAUSES 6. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, David Edward Perka, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully and repeatedly violating section 301 of the Act and willfully violating section 333 of the Act. 7. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Airadigm possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class certified mail, return receipt requested, to Linda J. Springer, Director of Finance and Accounting,
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Multi Voice possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NTS possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.:
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Hauppauge possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture issued by the Commission against Hauppauge on April 15, 2009 IS CANCELLED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall
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- all the factors and evidence, including the duration of the deployment violation, we propose a $19,500 forfeiture against Pace for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in section 20.19(d)(3)(ii) of the Rules. IV. ORDERING CLAUSES 1. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Pace IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand five hundred dollars ($19,500) for apparent willful and repeated violation of section 20.19(d)(3)(ii) of the Rules. 2. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this
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- George Island system in compliance with section 76.1801 of the Rules. This statement must be provided to the Tampa Office at the address listed in paragraph 17 within thirty days after the release date of this NAL. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, St. George Cable, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violation of sections 11.35(a), 76.605(a)(12), 76.611(a), and 76.1801 of the Commission's Rules. 14. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within thirty
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- clauses 9. Accordingly, IT IS ORDERED that, pursuant to section 405 of the Communications Act of 1934, as amended, and section 1.106 of the Commission's rules ("Rules"), that the Petition for Reconsideration filed by Steven A. Skalecki IS DENIED and the Forfeiture Order IS AFFIRMED. 10. IT IS ALSO ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Steven A. Skalecki IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act. 11. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within thirty (30) days of the release of this Memorandum
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NobelTel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for NobelTel, LLC, Joan M. Griffin,
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Lyca Tel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- the succeeding calendar quarter. This statement must be provided to the Chicago Office at the address listed in paragraph 12 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture and Order. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314 and 1.80 of the Commission's Rules, Meade County Communications, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 73.3526(e)(12) of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date
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- an opportunity to show, in writing, why no such forfeiture should be imposed. 4. Upon review of the record, and based upon additional information provided by Blue Casa, we agree that no forfeiture penalties should be imposed on Blue Casa. 5. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeitures issued to Blue Casa Communications, Inc. WILL NOT BE IMPOSED. 6. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Katherine Barker Marshall, Attorney, Arent Fox LLP, Attorneys at Law, 1050 Connecticut Avenue, N.W., Washington,
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- may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Upper Peninsula is apparently liable for a total forfeiture in the amount of $8,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314 and 1.80 of the Commission's rules, Upper Peninsula Communications Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of section 11.35(a) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the release date
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- such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Davis is apparently liable for a forfeiture of $10,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314, and 1.80 of the Commission's rules, Neal Davis is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules, within thirty (30) days of the release date of
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- serve the public interest by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 151, 154(i), 154(j), and 224, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111 and 0.311, that the Motion IS GRANTED, that the captioned proceeding IS DISMISSED WITH PREJUDICE, and that the captioned proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. S: 224. Complaint, File No. EB-11-MD-004 (filed Mar. 16, 2011) ("Complaint"). NewPath Network's
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- best indicator of an ability to pay a forfeiture. Having reviewed Mr. Morey's submitted documentation, we conclude that the forfeiture should be reduced to $250, an amount within the range determined by the Bureau to be affordable. IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Thomas L. Morey IS LIABLE FOR A MONETARY FORFEITURE in the amount of two hundred fifty dollars ($250) for violations of section 301 of the Act. 6. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release
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- Qwest does not contend that AT&T's submission fails to adequately address the issues raised in that Petition. Accordingly, we dismiss the Qwest Petition to Accept Filing. IV. ordering clauses 11. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 208, and 405 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j), 208, and 405, and sections 0.111, 0.311, and 1.106 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, and 1.106, that the Petition for Reconsideration or Clarification of Aventure Communication Technology, L.L.C. IS DISMISSED. 12. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j), and 208, and sections 0.111, 0.311, and
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- Jennifer M. Dixton, Antitrust Division, United States Department of Justice (via email) Meagan D. Johnson, Antitrust Division, United States Department of Justice (via email) Any further reference in this letter to "your conviction" refers to your conviction in United States v. Jeremy R. Sheets, Criminal Docket No. 1:10-cr-380-1, Judgment (W.D. Mi. 2011) ("Judgment"). 47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
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- authorization. Accordingly, pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we conclude that cancellation or reduction of the forfeiture is unwarranted and we impose a forfeiture in the amount of $4,000. III. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Clarion County Broadcasting Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for violations of section 73.1745(a) of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release
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- IT IS ORDERED that, pursuant to section 405 of the Communications Act of 1934, as amended, and section 1.106 of the Commission's rules, that the Petition for Reconsideration filed by Paisa 2 Car and Limousine Service, Inc. IS GRANTED IN PART AND DENIED IN PART. 8. IT IS ALSO ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, Paisa 2 Car and Limousine Service, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five hundred dollars ($500) for violations of section 1.903(a) of the rules. 9. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the rules within thirty (30) days of
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- amount does not exceed Mr. Fleurinor's average gross revenues for the years covered by the financial documents. We do, however, find sufficient basis to reduce the forfeiture to $500 based on the financial documentation Mr. Fleurinor submitted. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Whisler Fleurinor IS LIABLE FOR A MONETARY FORFEITURE in the amount of five hundred dollars ($500) for violations of section 301 of the Act. 7. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within thirty (30) calendar days of the release
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- other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that P&Y Broadcasting is apparently liable for a $3,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, P&Y Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for violation of section 17.57 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the release date of
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- total forfeiture of $20,000 for See Through Windows's willful and repeated violation of section 64.1200(c)(2) of the Commission's rules. III. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111, 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that See Through Windows & Doors LLC IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $20,000 for willfully and repeatedly violating section 64.1200(c)(2) of the Commission's rules, 47 C.F.R. S: 64.1200(c)(2). 6. Payment of the forfeiture shall be made in the manner provided
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- forfeiture amount of $5,000 is warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Criteser is apparently liable for a forfeiture of $15,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, John E. Criteser, Jr. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of section 301 of the Act. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty (30) days of the release
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- the Rules. This statement must be provided to the Detroit Office at the address listed in paragraph 15, infra, within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture and Order. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314, and 1.80 of the Commission's Rules, R.J.'s Late Night Entertainment Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE AND ORDER in the amount of twenty-two thousand dollars ($22,000) for violations of sections 11.35(a), 73.1690(b)(2), and 73.3527(b)(1) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within
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- that neither reduction nor cancellation of the proposed $10,000 forfeiture is warranted. Therefore, we affirm the NAL's finding that Roberts willfully and repeated violated section 301 of the Act, and assess a $10,000 forfeiture for that violation. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Daniel K. Roberts a/k/a "Monkey Man" a/k/a "Monkey" IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating section 301 of the Act. 14. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of
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- these companies was granted an opportunity to show, in writing, why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by the companies, we find that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix FEDERAL COMMUNICATIONS COMMISSION Richard A.
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- Act, Intercel was granted an opportunity to show, in writing, why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by Intercel, we agree that no forfeiture penalty should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to Intercel WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Intercel Telecoms Group, Inc., Attn. Joseph Gatt, CEO, 3914 Centreville Rd., Suite 200, Chantilly, VA 20151. FEDERAL COMMUNICATIONS
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- such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Cernogg is apparently liable for a forfeiture of $10,000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314, and 1.80 of the Commission's rules, Willis Cernogg, Jr. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act. 10. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules, within thirty (30) days of the release date
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- of the Act, and section 64.1200(a)(3) of the Commission's rules, as set forth in the NALs and herein. IV. ordering clauses 13. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that American Medical Services IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $9,000 for willfully and repeatedly violating section 227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C), and section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3). 14. Payment of
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- is decreasing power after sunset as specified in its station authorization. This statement must be provided to the Houston Office at the address listed in paragraph 11 within thirty days of the release date of this NAL. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Aleluya Christian Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of sections 73.1745(a) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the release date
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- upward adjustment of $2,000 is warranted. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Bold Gold is apparently liable for a forfeiture in the amount of $10,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Bold Gold Media Group is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 11.35(a) of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of
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- provided no documentation of its finances with its NAL Response. Accordingly, we are unable to determine whether a reduction based on inability to pay is warranted and find no basis to reduce the proposed forfeiture of $21,000. III. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Consolidated Radio, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for violations of 73.1125, 73.1745(a), and 73.3526 of the Rules. 7. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Clon possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- regarding the Antenna Structure's faded paint and the unlocked gates, the apparent violations continued, demonstrating a deliberate disregard for the Rules. We therefore conclude that Equity is apparently liable for a forfeiture in the amount of $20,000. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, Equity Communications LP is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violation of sections 17.50(a) and 73.49 of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the release date
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- Rules signed under penalty of perjury by an officer or director of CRNI within thirty (30) days of the release date of this NAL that Station KPIO is now in compliance with section 73.1745(a) of the Rules. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's Rules, Catholic Radio Network, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of section 73.1745(a) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within thirty (30) days of the release
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- potentially significant impact on consumers with hearing loss, we propose a forfeiture of $100,000 against Keystone Wireless for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in sections 20.19(c)(3)(ii) and 20.19(d)(3)(ii) of the Rules. IV. ORDERING clauses 15. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Keystone Wireless, LLC d.b.a. Immix Wireless IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of one hundred thousand dollars ($100,000) for apparent willful and repeated violation of section 20.19(c)(3)(ii) and (d)(3)(ii) of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days
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- an upward adjustment is appropriate. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that South Bay Aviation is apparently liable for a forfeiture in the amount of $12,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, South Bay Aviation, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for apparently willfully and repeatedly violating Section 301 of the Act and Section 1.903(a) of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's
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- potentially significant impact on consumers with hearing loss, we propose a forfeiture of $82,500 against Chariton Valley for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in sections 20.19(c)(3)(ii) and 20.19(d)(3)(ii) of the Rules. IV. ORDERING clauses 15. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Missouri RSA 5 Partnership d/b/a Chariton Valley Wireless Services IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eighty two thousand five hundred dollars ($82,500) for apparent willful and repeated violation of section 20.19(c)(3)(ii) and 20.19(d)(3)(ii) of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to section 1.80 of
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- Bureau's Norfolk Office ("Norfolk Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $25,000 to Spirit. Spirit has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Spirit Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $25,000 for violations of sections 11.35, 73.49, and 73.3526 of the Commission's rules. 4. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release of
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- additional enforcement action. Finally, we direct Andrews Tower to notify the Dallas Office when the Tower is dismantled at Federal Communications Commission, Enforcement Bureau, South Central Region, Dallas Office, 9330 LBJ Freeway, Suite 1170, Dallas, Texas, 75243. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Andrews Tower Rental, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand seven hundred fifty dollars ($3,750) for violations of sections 303(q) of the Act and section 17.51(a) of the Rules. 9. IT IS FURTHER ORDERED that Andrews Tower Rental, Inc. SHALL SUBMIT a statement as described
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- This statement must be provided to the Tampa Office at the address listed in paragraph 12 within thirty (30) calendar days of the release date of this NAL. Failure to comply with this requirement could subject the licensee to additional enforcement action. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Rules, Michael W. Perry is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE AND ORDER in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act and sections 95.409 and 95.411 of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules,
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether OTZ possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Carl Weisner, Operations Manager, and Susan
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- direct Cricket to take all necessary and appropriate steps to ensure compliance going forward. We caution Cricket to exercise greater diligence in the future, and we emphasize the importance of accuracy and completeness in the application process. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Commission's Rules, Cricket Communications, Inc. IS hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for providing incorrect material factual information to the Commission without a reasonable basis for believing that the information was correct and accurate in apparent willful violation of section 1.17(a)(2) of the Rules.
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Royal Phone possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- these companies was granted an opportunity to show, in writing, why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by Unintec, we agree that no forfeiture penalty should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to Unitec WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Unitec Hospitality Service, Attn: Walter E. Bader, President, 122 Sherman Street, Denver, CO 80209. FEDERAL COMMUNICATIONS COMMISSION Richard
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- why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by the companies, we agree that no forfeiture penalties should be imposed on each of the companies listed in the Appendix. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS COMMISSION Richard A.
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Franz possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether CyberNet possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Davidson possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Central Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether International Access possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- of $14,000 for marketing two models of unauthorized video assist transmitters manufactured by CIT, model Modulus 3000 and model Modulus 5000, in violation of section 302(b) of the Act and sections 2.803(a)(1) and 74.851(f) of the Rules. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314 and 1.80 of the Commission's rules, Custom Interface Technologies, a Division of Thornstar Corporation, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for marketing two models of uncertified wireless video assist transmitters in willful and repeated violations of section 302(b) of the Act and sections 2.803(a)(1) and
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- Service Administrative Company (via e-mail) Rashann Duvall, Universal Service Administrative Company (via email) Stephanie L. Haines, United States Attorney's Office, Western Pennsylvania (via email) Any further reference in this letter to "your conviction" refers to your conviction in United States v. Dennis L. Bruno, Criminal Docket No. 11-15 J, Information (W.D. Pa. 2011). 47 C.F.R. S: 54.8; 47 C.F.R. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) ("Second Report and Order") (adopting section 54.521
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- justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mullen is apparently liable for a total forfeiture in the amount of $13,000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Timothy J. Mullen is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of section 303(q) of the Act, and sections 17.51(a), 17.48, and 17.57 of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's
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- Office (Tampa Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $25,000 to St. George. St. George has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, St. George Cable, Inc. LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $25,000 for violations of sections 11.35(a), 76.605(a)(12), 76.611(a) and 76.1801 of the Commission's rules. 4. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within thirty (30) calendar
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- Theresa Z. Cavanaugh Acting Chief Investigations and Hearings Division Enforcement Bureau cc: Johnnay Schrieber, Universal Service Administrative Company (via e-mail) Rashann Duvall, Universal Service Administrative Company (via email) Juan Rodriguez, Antitrust Division, United States Department of Justice (via e-mail) Stephanie Toussaint, Antitrust Division, United States Department of Justice (via e-mail) 47 C.F.R. S: 54.8(g) (2010). See also 47 C.F.R. S: 0.111 (delegating authority to the Enforcement Bureau to resolve universal service suspension and debarment proceedings). Letter from Theresa Z. Cavanaugh, Acting Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission to Mr. Barrett C. White, Notice of Suspension and Initiation of Debarment Proceedings, 26 FCC Rcd 10526 (Inv. & Hearings Div., Enf. Bur. 2011) (Attachment 1). An Erratum was published
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- material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tricom USA possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act, and Sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-referenced investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Judith D. O'Neill, Chief Executive Officer,
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Sprint possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Michael B. Fingerhut, Director, Government Affairs, Sprint
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- these companies was granted an opportunity to show, in writing, why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by the companies, we find that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix FEDERAL COMMUNICATIONS COMMISSION Richard A.
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Carrier Coach possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Allen H. Miller, President, Carrier Coach Inc.,
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Cross Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to John Chris Ruhl, General Manager, Wireless,
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- Office (Miami Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $15,000 to Mr. Criteser. Mr. Criteser has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, John E. Criteser, Jr. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $15,000 for violations of section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within thirty (30) calendar days of the release of this
- http://www.fcc.gov/eb/Orders/2011/DA-11-1976A1.html
- Office (Miami Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $10,000 to Mr. Davis. Mr. Davis has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Neal Davis IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within thirty (30) calendar days of the release of this Order. If
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- Rules signed under penalty of perjury by an officer or director of MMG within thirty (30) days of the release date of this NAL that Station KRDD(AM) is now in compliance with section 11.35 of the Rules. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's Rules, Media Mining Group, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE AND ORDER in the amount of eight thousand dollars ($8,000) for violation of section 11.35 of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NationsLine North possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NationsLine Delaware possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Atlantic Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Rio Tinto and Alcan possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Rio Tinto and Alcan, Catherine
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NationsLine DC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter
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- The Commission's Forfeiture Policy Statement and implementing rules prescribe a base forfeiture of $8,000 for each separate unauthorized substantial transfer of control. Based on the facts and circumstances presented, we conclude that a proposed forfeiture of $8,000 against Windstream Iowa is warranted. IV. ORDERING CLAUSES 8. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, 0.314 and 1.80 of the rules, Windstream Iowa Communications, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $8,000 for apparently willfully or repeatedly violating Section 214 of the Act and Sections 63.03 and 63.04 of the rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the rules, within thirty
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NationsLine Virginia possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- Theresa Z. Cavanaugh Acting Chief Investigations and Hearings Division Enforcement Bureau cc: Johnnay Schrieber, Universal Service Administrative Company (via e-mail) Rashann Duvall, Universal Service Administrative Company (via email) Juan Rodriguez, Antitrust Division, United States Department of Justice (via e-mail) Marvin Opotowsky, Antitrust Division, United States Department of Justice (via e-mail) 47 C.F.R. S: 54.8(g) (2010). See also 47 C.F.R. S: 0.111 (delegating authority to the Enforcement Bureau to resolve universal service suspension and debarment proceedings). Letter from Theresa Z. Cavanaugh, Acting Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission to Tyrone D. Pipkin, Notice of Suspension and Initiation of Debarment Proceeding, DA 11-1424, 26 FCC Rcd 11389 (Inv. & Hearings Div., Enf. Bur. 2011). 76 Fed. Reg. 54768 (Sept.
- http://www.fcc.gov/eb/Orders/2011/DA-11-202A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NationsLine possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
- http://www.fcc.gov/eb/Orders/2011/DA-11-2034A1.html
- and the potentially significant impact on consumers with hearing loss, we propose a forfeiture of $39,000 against North Central for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in section 20.19(d)(3)(ii) of the Rules. IV. ORDERING clauses 13. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, North Central Wireless LC d/b/a i wireless IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirty-nine thousand dollars ($39,000) for apparent willful and repeated violation of section 20.19(d)(3)(ii) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days
- http://www.fcc.gov/eb/Orders/2011/DA-11-2035A1.html
- Rules. 14. We therefore find that Affordable Phone is apparently liable for a total forfeiture of $30,000 for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in sections 20.19(c)(3)(ii) and 20.19(d)(3)(ii) of the Rules. IV. ORDERING clauses 15. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Affordable Phone Services, Inc. IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirty thousand dollars ($30,000) for apparent willful and repeated violation of sections 20.19(c)(3)(ii) and 20.19(d)(3)(ii) of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after
- http://www.fcc.gov/eb/Orders/2011/DA-11-2042A1.html
- of the facts and circumstances of this case, we admonish Airadigm for its failure to offer to consumers the requisite number or percentage of handset models with a minimum M3 rating in April 2010, in violation of section 20.19(c)(3)(ii) of the Rules. IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Airadigm Communications, Inc. dba Airfire Wireless IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirty thousand dollars ($30,000) for apparent willful and repeated violation of section 20.19(d)(3)(ii) of the Rules. 6. IT IS FURTHER ORDERED that Airadigm Communications, Inc. dba Airfire Wireless IS ADMONISHED for its violation of section
- http://www.fcc.gov/eb/Orders/2011/DA-11-2060A1.html
- 503(b)(6) of the Act, we find that Caprock is apparently liable for a forfeiture of $15,000 for failing to offer to consumers the required number or percentage of M3-rated handset models in willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Caprock Cellular Limited Partnership IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for apparent willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after the release
- http://www.fcc.gov/eb/Orders/2011/DA-11-2061A1.html
- aid-compatible handset deployment requirements for the entire 2010 calendar year, we propose a forfeiture of $21,000 against Big Sky for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in section 20.19(c)(3)(ii) of the Rules. IV. ORDERING clauses 13. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, iSmart Mobile, LLC d/b/a Big Sky Mobile IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for apparent willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days
- http://www.fcc.gov/eb/Orders/2011/DA-11-2075A1.html
- forfeiture, and the potentially significant impact on consumers with hearing loss, we propose a forfeiture of $51,000 against GCI for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in section 20.19(d)(3)(ii) of the Rules. IV. ORDERING clauses 13. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, General Communication, Inc. IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifty-one thousand dollars ($51,000) for willful and repeated violation of section 20.19(d)(3)(ii) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after the release date of
- http://www.fcc.gov/eb/Orders/2011/DA-11-2076A1.html
- of the apparent violation on consumers with hearing loss, we propose a forfeiture of $75,000 against Centennial for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in sections 20.19(d)(3)(ii) and 20.19(e)(2) of the Rules. IV. ORDERING clauses 16. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Centennial Communications Corporation IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seventy-five thousand dollars ($75,000) for apparent willful and repeated violation of sections 20.19(d)(3)(ii) and 20.19(e)(2) of the Rules. 17. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after the
- http://www.fcc.gov/eb/Orders/2011/DA-11-2077A1.html
- forfeiture, and the potentially significant impact on consumers with hearing loss, we propose a forfeiture of $48,000 against Metropolitan for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in sections 20.19(d)(3)(ii) of the Rules. IV. ORDERING clauses 13. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Metropolitan Telecommunications Holding Company d.b.a. MetTel IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of forty-eight thousand dollars ($48,000) for apparent willful and repeated violations of section 20.19(d)(3)(ii) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after
- http://www.fcc.gov/eb/Orders/2011/DA-11-2078A1.html
- facts and circumstances in this case, we admonish Locus for its failure to offer to consumers from January through June 2010 the requisite number or percentage of handset models with a minimum T3 rating, in violation of section 20.19(d)(3)(ii) of the Rules. IV. ORDERING clauses 15. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Locus Telecommunications, Inc. IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand five hundred dollars ($25,500) for apparent willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after the
- http://www.fcc.gov/eb/Orders/2011/DA-11-2079A1.html
- requirements, and the potentially significant impact on consumers with hearing loss, we propose a forfeiture of $25,500 against NEP for apparently willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in sections 20.19(c)(3)(ii) of the Rules. IV. ORDERING clauses 13. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, NEP Cellcorp, Inc. IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand five hundred dollars ($25,500) for willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after the release
- http://www.fcc.gov/eb/Orders/2011/DA-11-2080A1.html
- repeated violation of section 20.19(c)(3)(ii) of the Rules. 14. We therefore find that MaxCell is apparently liable for a total forfeiture of $30,000 for willfully and repeatedly failing to comply with the hearing aid-compatible handset deployment requirements set forth in section 20.19(c)(3)(ii). IV. ORDERING clauses 15. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Maximum Communications Cellular, LLC IS NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirty thousand dollars ($30,000) for apparent willful and repeated violation of section 20.19(c)(3)(ii) of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) calendar days after the release
- http://www.fcc.gov/eb/Orders/2011/DA-11-20A1.html
- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Advantage Wireless Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) File No. EB-08-TC-2889
- http://www.fcc.gov/eb/Orders/2011/DA-11-213A1.html
- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Turner possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the proposed forfeiture IS CANCELLED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by Certified Mail - Return Receipt Requested to Louise Sams, Executive
- http://www.fcc.gov/eb/Orders/2011/DA-11-216A1.html
- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Community Television is apparently liable for a $10,000 forfeiture. I. ORDERING CLAUSE 10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's Rules, Community Television is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 73.3527(c) of the Commission's rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of
- http://www.fcc.gov/eb/Orders/2011/DA-11-229A1.html
- at Station KGLA's main studio. This statement must be provided to the New Orleans Office at the address listed in paragraph 14 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Crocodile Broadcasting Corp., Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violations of sections 73.1745(a) and 73.3526 of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release
- http://www.fcc.gov/eb/Orders/2011/DA-11-231A1.html
- available at Station WLGT's main studio. This statement must be provided to the Norfolk Office at the address listed in paragraph 12 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Media East, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of sections 73.3526 of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/Orders/2011/DA-11-232A1.html
- from the USCG about his unauthorized operation. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors, we conclude that Mr. Aversa is apparently liable for a forfeiture in the amount of $20,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, and 1.80 of the Rules, Vincent Aversa, Jr. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violation of section 301 of the Act and section 80.13 of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) days of
- http://www.fcc.gov/eb/Orders/2011/DA-11-242A1.html
- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Hanmi possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaint against Hanmi Broadcasting, Inc. before the Enforcement Bureau related to the above-captioned-investigation as of the date of this Consent Decree IS DISMISSED. 8. IT IS
- http://www.fcc.gov/eb/Orders/2011/DA-11-246A1.html
- XRLTG-VIPJAMM should be revoked on some or all of the bases outlined herein and whether a Forfeiture Order in an amount not to exceed one hundred and twelve thousand five hundred dollars ($112,500) should be issued. IV. ORDERING CLAUSES 18. Accordingly, IT IS ORDERED that, pursuant to sections 312(a) and (c) of the Act, and authority delegated pursuant to sections 0.111, 0.311, 1.91(a) and 2.939(b) of the Rules, Shenzhen Tangreat Technology Co., Ltd. is hereby ORDERED TO SHOW CAUSE why its equipment authorization, FCC ID No. XRLTG-VIPJAMM, SHOULD NOT BE REVOKED. Shenzhen SHALL APPEAR before an Administrative Law Judge at a time and place to be specified in a subsequent order and give evidence upon the following issues: a. To determine
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Pantech possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for Pantech Wireless, Inc., W. Dennis
- http://www.fcc.gov/eb/Orders/2011/DA-11-258A1.html
- such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Moreno is apparently liable for a forfeiture in the amount of $10,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Rules, Bernabe Moreno is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice
- http://www.fcc.gov/eb/Orders/2011/DA-11-263A1.html
- Liability for Forfeiture ("NAL") in the amount of $10,000 to Foursquare Gospel for the violations listed above. Despite evidence that Foursquare Gospel received the NAL, Foursquare Gospel has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, International Church of the Foursquare Gospel DBA Radio Station KFSG FM, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for repeatedly violating Section 303(q) of the Act, and Sections 17.6(a), 17.47(a), 17.48, and 17.51(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for
- http://www.fcc.gov/eb/Orders/2011/DA-11-264A1.html
- as set forth on the structure's FAA determination of "no hazard" in violation of Section 17.23 of the Rules. Despite evidence that Waldec received the NAL, Waldec has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Waldec Enterprises, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 17.23 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- and the Commission's Rules. This statement must be provided to the Enforcement Bureau at the address listed in paragraph 24 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture and Order. IV. ORDERING CLAUSES 19. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Commission's Rules, Utah Broadband, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for apparently willfully and repeatedly violating sections 301 and 302(b) of the Act, and sections 15.1(b) and 15.1(c) of the Rules. 20. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the
- http://www.fcc.gov/eb/Orders/2011/DA-11-275A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Delta Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
- http://www.fcc.gov/eb/Orders/2011/DA-11-277A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Coast International possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
- http://www.fcc.gov/eb/Orders/2011/DA-11-280A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Cyber Mesa possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
- http://www.fcc.gov/eb/Orders/2011/DA-11-289A1.html
- not be imposed because it did not have a "high degree of involvement in, or actual notice of, the unlawful activity." III. ordering clauses 6. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, the proposed forfeiture in the amount of $9,000 issued to Ureach Technologies, Inc. in the July 17, 2008 Notice of Apparent Liability for Forfeiture WILL NOT BE IMPOSED. 7. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail
- http://www.fcc.gov/eb/Orders/2011/DA-11-292A1.html
- apparently liable for a forfeiture in the amount of $25,000. We again caution the Licensee that additional violations of these rules may result in the imposition of higher forfeitures and even harsher enforcement action, including license revocation proceedings. IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's rules, that Spanish Broadcasting System Holding Company, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $25,000 for apparently willfully and repeatedly violating Section 73.1206 of the Commission's rules. 10. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of
- http://www.fcc.gov/eb/Orders/2011/DA-11-299A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether DNA possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter
- http://www.fcc.gov/eb/Orders/2011/DA-11-306A1.html
- unlicensed operation in violation of section 301 of the Act and section 15.1(b) of the Rules and $5,000 for operation of unauthorized equipment in violation of section 302(b) of the Act and section 15.1(c) of the Rules. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, AT&T, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of sections 301 and 302(b) of the Act and sections 15.1(b) and 15.1(c) of the Rules. 15. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules
- http://www.fcc.gov/eb/Orders/2011/DA-11-313A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Simplink possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
- http://www.fcc.gov/eb/Orders/2011/DA-11-319A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NET/COMM Services possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
- http://www.fcc.gov/eb/Orders/2011/DA-11-321A1.html
- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TelePlus possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
- http://www.fcc.gov/eb/Orders/2011/DA-11-326A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Pacific Telecom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
- http://www.fcc.gov/eb/Orders/2011/DA-11-32A1.html
- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether PR Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether PiperTel possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Network Services Solutions possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Internet & Telephone possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NetSpan Corporation possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) File No. EB-08-TC-4788
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- factors to the instant case, we conclude that Cumulus is apparently liable for a forfeiture in the amount of ten thousand dollar ($10,000) for its failure to maintain any quarterly issues/programs lists during the current license term. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Cumulus Licensing LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 73.3526(e)(12) of the Rules. 7. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date of this
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether China Unicom possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether NCCC possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- of the Commission's rules and have apparently willfully or repeatedly violated a Bureau order by failing to provide certain information. We find each of the Companies apparently liable for a forfeiture of $29,000. V. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, section 1.80 of the Commission's rules, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, each Company listed in Appendix I of this Order is hereby NOTIFIED of their APPARANT LIABLILITY FOR A MONETARY FORFEITURE in the amount of twenty nine thousand dollars ($29,000) each for willfully and repeatedly violating section 64.2009(e) of the Commission's rules by failing to submit annual compliance certificates, and willfully and repeatedly violating a
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- adjustment in the forfeiture amount of $2,000 is warranted. Applying the Forfeiture Policy Statement, section 1.80, and the statutory factors to the instant case, we conclude that Pacific Spanish is apparently liable for a forfeiture of $6,000. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80 of the Rules, Pacific Spanish Network, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for violation of section 1.903(a) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) days of the release date of this Notice
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Association Administrators possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Ring Connection possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- to ensure that a NOTAM for its tower remains current. This statement must be provided to the Kansas City Office at the address listed in paragraph 11 within fifteen days of the release date of this NAL. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Rules, KFW Communications LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for violations of section 17.47 of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days of the release date of this Notice of
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ACSW possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether AT&T possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jackie Flemming, Assistant Vice-President, External Affairs/Regulatory, AT&T
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaints against the Licensee before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether TCI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- amount is warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Fleurinor is apparently liable for a forfeiture in the amount of $20,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314, and 1.80 of the Commission's Rules, Whisler Fleurinor is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violation of section 301 of the Act. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within thirty days of the release date of this Notice
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- Media Bureau and come into compliance. This statement must be provided to the Tampa Office at the address listed in paragraph 15 within fifteen days of the release date of this Notice of Apparent Liability for Forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, Ace of Hearts Disc Jockey Service, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violation of sections 73.1350 and 74.1235(e) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty
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- ordering clauses 4. Accordingly, IT IS ORDERED that, pursuant to section 405 of the Communications Act of 1934, as amended, and section 1.106 of the Commission's rules ("Rules"), that the Petition for Reconsideration filed by Kacy Rankine IS DENIED and the Forfeiture Order IS AFFIRMED. 5. IT IS ALSO ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Kacy Rankine IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act. 6. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within thirty (30) days of the release of this Memorandum Opinion
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- radio communications system. Mr. Jones must operate his CB station in compliance with the FCC's Rules and at the power limit indicated above. Failure to abide by these rules may result in additional sanctions and monetary forfeitures. V. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Rules, Ira Jones is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of section 303(n) of the Act and section 95.426(a) of the Rules. 14. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release
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- warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Garcia is apparently liable for a forfeiture in the amount of twenty-five thousand dollars ($25,000). IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314 and 1.80 of the Rules, Gabriel A. Garcia is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violation of section 301 of the Act. 10. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days of the release date of this Notice
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- consumers identified in the Appendix. We have further determined that American West Advertising is apparently liable for a forfeiture in the amount of $18,000. V. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80, and under the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that American West is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $18,000 for willful and repeated violations of section 227(b)(1)(B) of the Communications Act, 47 U.S.C. S: 227(b)(1)(B), and section 64.1200(a)(2) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(2). 9. IT IS FURTHER
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- after it became aware of the violation, an additional two years elapsed before it sought Commission authority. Based on all the factors and evidence, including the extended period of unauthorized operation, we conclude that a proposed aggregate forfeiture of $19,000 is appropriate. IV. ordering clauses 14. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.311 and 1.80 of the Rules, Shubat Transportation Company IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of nineteen thousand dollars ($19,000) for the willful and repeated violation of section 301 of the Act and section 1.903(a) of the Rules and the willful violation of section 1.949(a) of the Rules. 15. IT IS FURTHER ORDERED
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Integrated Telemanagement possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter
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- penalties. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that North County Broadcasting Corporation is apparently liable for a forfeiture in the amount of $6,000. IV. ORDERING CLAUSES 1. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, North County Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand dollars ($6,000) for apparently willfully and repeatedly violating Section 11.35 of the Commission's Rules. 2. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the
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- as justice may require." Based upon our review of the record in this case and the statutory factors identified above, we find that Fox is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). IV. ORDERING CLAUSES 20. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, that Fox Television Stations, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for its apparent willful violation of the sponsorship announcements requirements of section 317 of the Communications Act of 1934, as amended, and section 73.1212 of the Commission's rules. 21. IT
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- as justice may require." Based upon our review of the record in this case and the statutory factors identified above, we find that Access.1 is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). IV. ORDERING CLAUSES 16. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, that Access.1 New Jersey License Company, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for its apparent willful violation of the sponsorship announcements requirements of section 317 of the Communications Act of 1934, as amended, and section 73.1212 of the Commission's rules.
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Tele Circuit possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Westgate Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter
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- Office ("Tampa Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $20,000 to Mr. Aversa. Mr. Aversa has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Vincent E. Aversa IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for violations of section 301 of the Act and section 80.13 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ZTG possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- $10,000 is warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Bazile is apparently liable for a forfeiture in the amount of $20,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314, and 1.80 of the Rules, Marckenson Bazile is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violation of section 301 of the Act. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty (30) days of the release date of this Notice of
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- these companies was granted an opportunity to show, in writing, why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by the companies we find that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS COMMISSION Richard A.
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- absence of material new evidence relating to this matter, we conclude that the Bureau's investigation raises no substantial or material questions of fact as to whether AST possesses the basic qualifications, including those related to character, to hold or obtain a Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by Certified Mail - Return Receipt Requested to counsel for AST Telecom, LLC d/b/a/ Blue Sky Communications,
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- steps taken to repair the lights and a timetable for completion. This statement must be provided to the Dallas Office at the address listed in paragraph 13 within fifteen days of the release date of this NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Rules, Andrews Tower Rental, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 303(q) of the Act and section 17.51(a) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days
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- to section 17.47 of the Rules. This statement must be provided to the Atlanta Office at the address listed in paragraph 13 within fifteen days of the release date of this Notice of Apparent Liability for Forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Rules, Miller Communications, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violation of section 303(q) of the Act and sections 17.47(a) and 17.51(a) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty
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- the fact that Harrah's unlawful operation continued for almost ten years. Thus, based on all the factors and evidence, including the extended period of unauthorized operation, we conclude that a proposed aggregate forfeiture of $15,000 is appropriate. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Harrah's Atlantic City Operating Company LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violation of section 301 of the Act and sections 1.903(a) and 1.949(a) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to section 1.80 of
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- resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 5. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 151, 154(i), 154(j), and 224, and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111 and 0.311, that the Joint Motion IS GRANTED, that the proceedings ARE DISMISSED WITH PREJUDICE, and that the proceedings ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. S: 224. Joint Motion to Dismiss, File Nos. EB-06-MD-005, EB-07-MD-003 (filed Apr. 5, 2011)
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- outage to ensure that a NOTAM for its tower remains current. This statement must be provided to the Houston Office at the address listed in paragraph 15 within fifteen days of the release date of this NAL. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, RAMCO Broadband Services is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of sections 17.4(g), 17.48, 17.51(a) and 17.57 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Allegiance possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended (the "Act"), and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by certified mail, return receipt requested, to Mr. William Haggarty, Chief Executive Officer, Allegiance Communications, LLC, 1819
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- City Office ("Kansas City Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $6,000 to KFW. KFW has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, KFW Communications LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,000 for violations of section 17.47 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release of this Order. If the
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Call One possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter
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- disclosed to the Commission, the matters raised in the investigation do not raise any substantial and material questions of fact regarding Comcast's qualifications to hold an authorization or license issued by the Commission. 4. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S: 151(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111 and 0.311, that the attached Consent Decree IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned matter IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) In the Matter of ) File No. EB-10-TC-010 Comcast Corporation
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Telestar possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Latino Communications possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- is warranted." Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we therefore conclude that A Radio is apparently liable for a forfeiture in the amount of $25,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80 of the Rules, A Radio Company, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violating the terms of a Bureau order adopted pursuant to section 4(i) and 503(b) of the Act. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within
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- this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Team Electronics possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- Section 17.51(a) of the Commission's Rules. This statement must be provided to the Enforcement Bureau at the address listed in paragraph 15 within fifteen days of the release date of this Notice of Apparent Liability for Forfeiture. I. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0314 and 1.80 of the Rules, CBS Communications Services, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 303(q) of the Act, and section 17.51(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Neutral possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- these companies was granted an opportunity to show, in writing, why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by the companies, we find that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix FEDERAL COMMUNICATIONS COMMISSION Richard A.
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- these companies was granted an opportunity to show, in writing, why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by the companies, we find that no forfeiture should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix FEDERAL COMMUNICATIONS COMMISSION Richard A.
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether PreSonus possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to counsel for PreSonus Audio Electronics, Inc., Tony
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- the statutory factors to the instant case, we conclude that Pilot Media is apparently liable for a forfeiture in the amount of $4,000 for its failure to maintain its quarterly issues/program lists during the current license term. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, Pilot Media, LCC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for apparently willfully and repeatedly violating section 73.3526(e)(12) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the
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- to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80, and the statutory factors to the instant case, we conclude that Mattoon Broadcasting is apparently liable for a $14,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Mattoon Broadcasting Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violations of sections 73.49 and 73.1125(a) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date
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- to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Metronet possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 ) ) File No.
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- offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80, and the statutory factors to the instant case, we conclude that Frandsen is apparently liable for a forfeiture in the amount of $14,000. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, Frandsen Media Company, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violations of sections 1.1310 and 73.1560(b) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the
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- based on the licensee's inability to pay is warranted. Thus, we conclude that Mr. Smith is liable for a forfeiture in the amount of $11,500, an amount equal to 7.7 percent of Station KANR's average gross revenues. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Daniel D. Smith IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand five hundred dollars ($11,500) for violations of section 11.35(a), 17.47, 17.50, and 73.3526 of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- writing, why no such forfeiture should be imposed. 3. In response to the NAL, each cable operator sufficiently demonstrated that it had provided the advanced notice required under our rules. Therefore, we find that no forfeiture penalty should be imposed. 4. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeitures issued in the above captioned proceedings WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each counsel of record in the above captioned proceedings. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison
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- other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Alcime is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Rules, Alex Alcime is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice of
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- other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Ford is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Rules, Patrick Michael Ford is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date of this
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- justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Morey is apparently liable for a forfeiture in the amount of $10,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Rules, Thomas L. Morey is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 301 of the Act. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days of the release date of this Notice
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- justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Rhodd is apparently liable for a forfeiture in the amount of $10,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Rules, Mikhail Rhodd is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 301 of the Act. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice of
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- justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Robinson is apparently liable for a forfeiture in the amount of $10,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Rules, Antonio Robinson is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 301 of the Act. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice of
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- Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Garcia is apparently liable for a total forfeiture in the amount of twenty-five thousand dollars ($25,000). IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Rules, Gabriel A. Garcia is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violation of section 303(n) of the Act. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty days of the release date of this Notice
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- disclosed to the Commission, the matters raised in the investigation do not raise any substantial and material questions of fact regarding Sprint's qualifications to hold an authorization or license issued by the Commission. 5. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S: 154(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111 and 0.311, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned matter IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Sprint Nextel
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- an upward adjustment in the forfeiture amount of $10,000 is warranted. Applying the Forfeiture Policy Statement, section 1.80, and the statutory factors to the instant case, we conclude that Mr. Millwood is apparently liable for a forfeiture in the amount of $20,000. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, 0.314, and 1.80 of the Rules, Recardo Millwood is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of section 301 of the Act. 11. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within thirty (30) days of the release date of this Notice
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- an upward adjustment of $5,000 is warranted. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Lindor is apparently liable for a $15,000 forfeiture. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Fritzner Lindor is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of section 301 of the Act. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the release date of this
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation, as to the Station and/or the Licensee, IS TERMINATED. 7. IT IS FURTHER ORDERED that any third-party complaints and allegations against the Stations and/or the Licensee before the Enforcement Bureau related to the above-captioned investigation as
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- available at Station KVOZ's main studio. This statement must be provided to the Houston Office at the address listed in paragraph 15 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Consolidated Radio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for violations of sections 73.1125, 73.1745(a) and 73.3526 of the Rules. 12. IT IS FURTHER ORDERED that Consolidated Radio, Inc. SHALL SUBMIT a sworn statement as described in paragraph 10 to
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- $10,000 to $15,000. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Ms. Smith is apparently liable for a forfeiture in the amount of $22,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Judith V. Smith is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-two thousand dollars ($22,000) for violation of sections 301 and 303(n) of the Act. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules, within thirty days of the release
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- our review, we conclude that Torres willfully and repeatedly violated section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that a forfeiture in the amount of $4,000 is warranted. IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and sections 0.111, 0.311, 0.314 and 1.80(f)(4) of the Commission's Rules, Jose Torres IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating section 1.903(a) of the Commission's Rules. 10. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release of this Order.
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- and other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80, and the statutory factors to the instant case, we conclude Sickafus is apparently liable for a forfeiture in the amount of $7,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80 of the Commission's Rules, Patrick H. Sickafus is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of section 73.49 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice of
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- of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether PCS and Surry possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to David L. Nace, Lukas, Nace, Gutierrez
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- days of the release date of this Notice of Apparent Liability for Forfeiture and Order. We caution Mr. Warmath that licensees are expected to comply with the Rules and further violations may result in additional enforcement action. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, John F. Warmath is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of sections 73.49, 11.35, and 73.3526 of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Luxul possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act, and sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jeffrey Curtis, President & Chief Executive Officer,
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- San Diego agents made a second inspection. Applying the Forfeiture Policy Statement, section 1.80, and the statutory factors to the instant case, we conclude that Lazer is apparently liable for a forfeiture in the amount of $8,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Lazer Licenses, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of section 73.3526 of the rules. 9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty days of the release date of
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- the Enforcement Bureau's Boston Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $15,000 to Brown. Brown has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Robert Brown IS LIABLE FOR A MONETARY FORFEITURE in the amount of $15,000 for violations of section 301 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that the third-party complaint against the Licensee before the Bureau related to the above-captioned-investigation as of the date of this Consent Decree IS DISMISSED. 8. IT IS FURTHER ORDERED
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- the Enforcement Bureau's Boston Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $15,000 to Morris. Morris has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Lloyd Morris IS LIABLE FOR A MONETARY FORFEITURE in the amount of $15,000 for violations of section 301 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- pay a forfeiture. We have reviewed our records and World Media's submitted documentation and conclude that the forfeiture should be reduced to $5,500, based on its documented inability to pay the forfeiture amount proposed in the NAL. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, World Media Broadcast Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand five hundred dollars ($5,500) for violations of section 11.35(a), 73.1400(a)(1)(ii), and 73.3526 of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether AMFM Radio possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against AMFM Radio Licenses, L.L.C., before the Enforcement Bureau related to the above-captioned-investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT
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- the fact that Call Mobile's unlawful operation continued for more that two and a half years. Thus, based on all the factors and evidence, including the extended period of unauthorized operation, we conclude that a proposed aggregate forfeiture of $15,000 is appropriate. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.311, and 1.80 of the Rules, Call Mobile IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for the willful and repeated violation of section 301 of the Act and section 1.903(a) of the Rules and the willful violation of section 1.949(a) of the Rules. 14. IT IS FURTHER ORDERED that,
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- concerns that the Licensee may have a systematic compliance issue with the Commission's public inspection file rules. We strongly encourage the Licensee to review those rules closely and ensure that all of its facilities are in compliance. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, Entertainment Media Trust, Dennis J. Watkins, Trustee is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of sections 73.1350, 73.1590 and 73.3526 of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within
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- Entertainment Media Trust may have a systematic compliance issue with the Commission's public inspection file rules. We strongly encourage Entertainment Media Trust to review those rules closely and ensure that all of its facilities are in compliance. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Entertainment Media Trust, Dennis J. Watkins, Trustee, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-four thousand dollars ($24,000) for violations of section 73.3526 of the Rules. 7. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the
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- and other such matters as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Clarke is apparently liable for a forfeiture in the amount of $10,000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Rules, Durrant Clarke is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 301 of the Act. 10. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice of
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- before us, we find that Media East willfully violated section 73.3526 of the Rules by failing to make available a complete public inspection file. Accordingly, we deny Media East's request for cancellation of the proposed $10,000 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's Rules, Media East, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 73.3526 of the Rules. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Stephen R. Peters is apparently liable for a ten thousand dollar ($10,000) forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Rules, Stephen R. Peters is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of section 73.3526(e)(12) of the Rules. 7. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice
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- as justice may require. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Ms. Woofter is apparently liable for a ten thousand dollar ($10,000) forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Rules, Della Jane Woofter is hereby NOTIFIED of her APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 73.3526(e)(12) of the Rules. 7. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty days of the release date of this Notice
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- KSKT-CA is now in compliance with section 73.3526 of the Rules. This statement must be provided to the Enforcement Bureau at the address listed in paragraph 11 within thirty days of the release date of this NAL. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, Blue Skies Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000) for violation of section 73.3526(e)(11)(i) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether MetroPCS possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, and sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Roger D. Linquist, President and CEO,
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- an unlicensed radio station. Accordingly, pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we conclude that cancellation of the forfeiture is unwarranted and impose a forfeiture in the amount of $20,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Nounoune Lubin IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of section 301 of the Act. 8. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of the release of this
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- mitigating factor warranting a forfeiture reduction. Accordingly, we conclude that SmartLabs is apparently liable for a $10,000 forfeiture for marketing an uncertified radio frequency device in willful and repeated violation of section 302(b) of the Act and section 2.803(a)(1) of the Rules. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act and sections 0.111, 0.311, and 1.80 of the Commission's Rules, SmartLabs, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for marketing an uncertified radio frequency device in willful and repeated violation of section 302(a) of the Act and section 2.803(a)(1) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to section
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- 11.35 of the Rules. This statement must be provided to the Norfolk Office at the address listed in paragraph 11 within thirty days of the release date of this Notice of Apparent Liability for Forfeiture and Order. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, CRS Radio Holding Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of section 11.35 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the release date
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- an appropriate upward adjustment for Comcast's apparent violations. Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Comcast is apparently liable for a $16,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's Rules, Comcast of Alabama, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for violations of sections 11.35(a) and 11.51(h) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules within thirty days of the
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- willfully violated section 303(n) of the Act, and section 95.115 of the Rules. Considering the entire record and the factors listed above, we find that Bondy is liable for a forfeiture in the amount of $24,000. IV. ORDERING CLAUSES 18. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended ("Act"), and sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Rules, we find that Kevin Bondy IS LIABLE FOR A MONETARY FORFEITURE in the amount of $24,000 for willfully and repeatedly violating sections 301 and 333 of the Act, and section 95.183(a)(5) of the Rules, and for willfully violating section 303(n) of the Act and section 95.115 of the Rules. 19. Payment of the
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- why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by the companies, we agree that no forfeiture penalties should be imposed on each of the companies listed in the Appendix. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeiture issued to the companies in the attached Appendix WILL NOT BE IMPOSED. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS COMMISSION Richard A.
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- from businesses where more than one person may use the same fax machine. That question is not at issue here and our decision here not to impose a forfeiture does not imply agreement with Progressive Business's views. II. ordering clauses 9. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, the proposed forfeitures in the Notice of Apparent Liability for Forfeiture against Progressive Business WILL NOT BE IMPOSED. 10. IT IS FURTHER ORDERED that, pursuant to section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), the citation issued to Progressive Business, Inc.
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- This statement must be provided to the San Francisco Office at the address listed in paragraph 11, below, within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and Order. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Brian R. Ragan is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violations of Sections 301 and 303(n) of the Act. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of
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- such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Dorvilus is apparently liable for a forfeiture of $10,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Mercius Dorvilus is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release date
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- general, gross revenues are the best indicator of an ability to pay a forfeiture. Based on our review of the financial documents provided by Mr. Clarke, we find that a reduction from $10,000 to $1,000 is warranted. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Durrant Clarke IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1,000) for violations of Section 301 of the Act. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) calendar days of the release
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- now in compliance with Section 11.35 of the Rules. This statement must be provided to the San Diego Office at the address listed in paragraph 11 within thirty (30) calendar days of the release of this NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Rosendo Casarez, Jr., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 11.35 of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty (30) calendar days of the release
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- the Act and Commission's rules. Accordingly, applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Fleurinor is apparently liable for a forfeiture of $25,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Whisler Fleurinor is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of Section 301 of the Act. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release date
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- amount is warranted. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Cheriza is apparently liable for a forfeiture in the amount of $20,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Robens Cheriza is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000) for violation of Section 301 of the Act. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release date
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- our review, we conclude that Cerritos Ford willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that a forfeiture in the amount of $4,000 is warranted. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Cerritos Ford IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 1.903(a) of the Commission's Rules. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of
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- maintaining and making available a complete public inspection file. This statement must be provided to the Dallas Office at the address listed in paragraph 12 within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, The L.R. Radio Group, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 73.3526 of the Commission's rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty (30) calendar days
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- public inspection files for Stations KQMG and KQMG-FM. This statement must be provided to the Kansas City Office at the address listed in paragraph 18 within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's Rules, KM Radio of Independence, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act, and Sections 11.35, 17.51, 73.1560(b), and 73.3526 of the Rules. 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Companies possess the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by certified mail, return receipt requested, to counsel for the Companies, Brian W. Murray, Esq., Latham & Watkins
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- issues, which may limit or eliminate the need for litigation and the further expenditure of resources by the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, 47 U.S.C. S:S: 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S: 1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that the Joint Notice of Settlement and Voluntary Dismissal IS GRANTED. 5. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act, 47 U.S.C. S:S: 154(i), 154(j), 224, and sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S: 1.1401-1.1418, and the authority delegated in sections
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- are in compliance with Section 11.35 of the Rules. This statement must be provided to the Detroit Office at the address listed in paragraph 10 within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204(b), 0.311, 0.314 and 1.80 of the Commission's rules, Richards TV Cable Co. Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 11.35 of the Rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty days of the release
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- perjury by an officer or director of Taylor Broadcasting that the Station's main studio is staffed full-time by full-time managerial and staff personnel (listing the names of the staff and manager and the hours and days worked). IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204(b), 0.311, 0.314 and 1.80 of the Commission's Rules, Taylor Broadcasting Co. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 73.1125(a) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) calendar days of the release
- http://www.fcc.gov/eb/Orders/2012/DA-12-198A1.html
- calendar quarter. This statement must be provided to the Philadelphia Office at the address listed in paragraph 11 within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and Order. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Curran Communications, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 73.3526(e)(12) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this
- http://www.fcc.gov/eb/Orders/2012/DA-12-211A1.html
- there were two separate unauthorized transfers of control. Based on the facts and circumstances presented, HTI is therefore apparently liable for a total forfeiture of $16,000 for willful violations of the express terms of the cable landing license for the Cable System. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, 0.314 and 1.80 of the Rules, Hawaiian Telcom, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $16,000 for apparently willfully or repeatedly violating the conditions of the submarine cable landing license for the Hawaii Interisland Cable System. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within thirty
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- Universal Service Administrative Company (via e-mail) Rashann Duvall, Universal Service Administrative Company (via e-mail) Jason C. Turner, Antitrust Division, United States Department of Justice (via email) Jennifer M. Dixton, Antitrust Division, United States Department of Justice (via email) Meagan D. Johnson, Antitrust Division, United States Department of Justice (via email) 47 C.F.R. S: 54.8(g) (2010). See also 47 C.F.R. S: 0.111 (delegating authority to the Enforcement Bureau to resolve universal service suspension and debarment proceedings). Letter from Theresa Z. Cavanaugh, Acting Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Jeremy R. Sheets, Notice of Suspension and Initiation of Debarment Proceeding, DA 11-1733, 26 FCC Rcd 14408 (Inv. & Hearings Div., Enf. Bur. 2011) (Attachment 1). 76 Fed. Reg.
- http://www.fcc.gov/eb/Orders/2012/DA-12-267A1.html
- of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether BSCI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Thomas J. Moorman, Woods & Aitken LLP,
- http://www.fcc.gov/eb/Orders/2012/DA-12-270A1.html
- of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether AMS possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Lynn P. Martin, President, American Music and
- http://www.fcc.gov/eb/Orders/2012/DA-12-276A1.html
- authorization. This statement must be provided to the Houston Office at the address listed in paragraph 11, below, within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and Order. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, JHT Ventures, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.1745(a) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release
- http://www.fcc.gov/eb/Orders/2012/DA-12-277A1.html
- full compliance with Section 73.1350(a) of the Rules. This statement must be provided to the Tampa Office at the address listed in paragraph 12, below, within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Super W Media Group, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.1350(a) of the Commission's rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days
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- Rules. This statement must be provided to the San Juan Office at the address listed in paragraph 19 within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and Order. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Argos Net, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violations of Section 301 of the Act and Section 15.1(b) of the Commission's rules. 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within
- http://www.fcc.gov/eb/Orders/2012/DA-12-281A1.html
- update the ownership information for the Antenna Structure. This statement must be provided to the San Juan Office at the address listed in paragraph 11 within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Hacienda San Eladio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand five hundred dollars ($4,500) for violation of Section 17.57 of the Commission's rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar
- http://www.fcc.gov/eb/Orders/2012/DA-12-282A1.html
- that, in general, gross revenues are the best indicator of an ability to pay a forfeiture. Based on the financial documents and other materials provided by Insight, we find sufficient basis to reduce the forfeiture to $16,000. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Insight Consulting Group of Kansas City, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of sixteen thousand dollars ($16,000) for violations of Section 301 of the Act and Section 15.1(b) of the Commission's rules. 7. Payment of the forfeiture shall be made in the manner provided for in Section
- http://www.fcc.gov/eb/Orders/2012/DA-12-285A1.html
- with Section 20.19(c)(3)(ii) of the hearing aid compatibility rules. Based on information recently provided by Epic Touch regarding its wireless handset offerings, we conclude that Epic Touch has demonstrated that it was in compliance during the requisite period. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the proposed forfeiture issued to Epic Touch in the 2010 NAL WILL NOT BE IMPOSED. 7. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. 8. IT IS FURTHER ORDERED that a copy of this Order and Consent
- http://www.fcc.gov/eb/Orders/2012/DA-12-338A1.html
- previously rejected inability to pay claims in cases of repeated or otherwise egregious violations. Therefore, future violations of this kind may result in significantly higher forfeitures that may not be reduced due to Mr. Lebron's financial circumstances. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Eleuterio Lebron IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violations of Section 301 of the Act. 7. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) calendar days of
- http://www.fcc.gov/eb/Orders/2012/DA-12-339A1.html
- amount is warranted. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Darius is apparently liable for a forfeiture in the amount of $15,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Jeffrey Darius is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Section 301 of the Act. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release date
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- file; and (3) properly installed Station WNFO's EAS equipment. This statement must be provided to the Atlanta Office at the address listed in paragraph 19 within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Walter M. Czura is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty five thousand dollars ($25,000) for violations of Sections 11.35(a), 73.49, and 73.3526 of the Rules. 16. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty (30) calendar
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- transmitter. This statement must be provided to the Chicago Office at the address listed in paragraph 14, below, within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and Order. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204(b), 0.311, 0.314, and 1.80 of the Commission's Rules, Hoosier Public Radio Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violation of Section 73.1350(a) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty (30) days of the release
- http://www.fcc.gov/eb/Orders/2012/DA-12-356A1.html
- Francisco Office (San Francisco Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $25,000 to Garcia. Garcia has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Gabriel A. Garcia IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 301 of the Communications Act of 1934, as amended. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
- http://www.fcc.gov/eb/Orders/2012/DA-12-357A1.html
- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Uniradio possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Ricardo Astiazaran, General Manager, Uniradio Corporation,
- http://www.fcc.gov/eb/Orders/2012/DA-12-360A1.html
- of new material evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether ETI possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 4. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 6. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Avi El-Kiss, Vice President, ETI Sound
- http://www.fcc.gov/eb/Orders/2012/DA-12-368A1.html
- Francisco Office (San Francisco Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $25,000 to Garcia. Garcia has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Gabriel A. Garcia IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 303(n) of the Communications Act of 1934, as amended. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules
- http://www.fcc.gov/eb/Orders/2012/DA-12-391A1.html
- of material new evidence relating to these matters, we conclude that our investigations raise no substantial or material questions of fact as to whether Verizon possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Tamara Preiss, Vice President, Federal Regulatory Affairs,
- http://www.fcc.gov/eb/Orders/2012/DA-12-392A1.html
- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Verizon Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Mr. John T. Scott, III, Vice President
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- assisting, or advising applicants or service providers regarding the E-Rate program. Sincerely, Theresa Z. Cavanaugh Acting Chief Investigations and Hearings Division Enforcement Bureau cc: Johnnay Schrieber, Universal Service Administrative Company (via e-mail) Rashann Duvall, Universal Service Administrative Company (via e-mail) Stephanie L. Haines, United States Attorney's Office, Western Pennsylvania (via e-mail) 47 C.F.R. S: 54.8(g). See also 47 C.F.R. S: 0.111 (delegating authority to the Enforcement Bureau to resolve universal service suspension and debarment proceedings). Letter from Theresa Z. Cavanaugh, Acting Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Dr. Dennis L. Bruno, Notice of Suspension and Initiation of Debarment Proceeding, 26 FCC Rcd 16006 (Enf. Bur. 2011) (Attachment 1). 76 Fed. Reg. 74058 (Nov. 30, 2011). United
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- Policy Statement, we conclude that Pacific Spanish willfully and repeatedly violated Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that a forfeiture in the amount of $6,000 is warranted. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Pacific Spanish Network, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000) for willfully and repeatedly violating Section 1.903(a) of the Commission's rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30)
- http://www.fcc.gov/eb/Orders/2012/DA-12-42A1.html
- of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Hawking possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the Act, and sections 0.111 and 0.311 of the rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned enforcement proceeding IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Frank Lin, President, Hawking Technologies, Inc.,
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- Office (Miami Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $10,000 to Mr. Dorviuls. Mr. Dorvilus has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Mercius Dorvilus IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) calendar days of the release of this Order. If
- http://www.fcc.gov/eb/Orders/2012/DA-12-450A1.html
- systems in compliance with FCC rules and applicable authorizations. This statement must be provided to the Enforcement Bureau at the address listed in paragraph 16 within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's rules, VPNet, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Sections 301 and 302(b) of the Act and Sections 15.1(b) and 15.1(c). 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty calendar
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- of Justice (via e-mail) Any further reference in this letter to "your conviction" refers to your guilty plea and subsequent sentencing for conspiracy to defraud the United States in United States v. Gloria F. Harper, Criminal Docket No. 2:10-cr-00326-CJB-ALC, Plea Agreement (E.D. La. filed June 2, 2011 and entered June 6, 2011) (Plea Agreement). 47 C.F.R. S: 54.8. Id. S: 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the E-Rate program in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (Second Report and Order) (adopting Section 54.521 to suspend and debar parties
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- amount of $22,000. We further caution Mr. Young that future violations may be subject to more severe enforcement action, including but not limited to larger monetary forfeitures, criminal prosecution, and the in rem seizure of his equipment. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Arthur Lee Young is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-two thousand dollars ($22,000) for violations of Sections 301 and 303(n) of the Act. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of
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- claim, the Commission has determined that, in general, gross revenues are the best indicator of an ability to pay a forfeiture. Having reviewed Vision Latina's submitted documentation, we conclude that the forfeiture should be reduced to $500. IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Vision Latina Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of five hundred dollars ($500) for violations of Sections 73.1125 and 73.3526 of the Commission's rules. 6. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30)
- http://www.fcc.gov/eb/Orders/2012/DA-12-487A1.html
- conclude that our investigations raise no substantial or material questions of fact as to whether Reduced Rate Long Distance possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended and the authority delegated by Sections 0.111 and 0.311 of the Commission's rules, that the attached Consent Decree IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Thomas K. Crowe, Partner, Law Offices of Thomas
- http://www.fcc.gov/eb/Orders/2012/DA-12-488A1.html
- the Forfeiture Policy Statement, we conclude that South Bay willfully and repeatedly violated Section 301 of the Act and Section 1.903(a) of the Rules, and we find that a forfeiture in the amount of $300 is warranted. IV. ORDERING CLAUSES 8. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, South Bay Aviation, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of three hundred dollars ($300) for willfully and repeatedly violating Section 301 of the Communications Act of 1934, as amended, and Section 1.903(a) of the Commission's rules. 9. Payment of the forfeiture shall be made in the manner
- http://www.fcc.gov/eb/Orders/2012/DA-12-522A1.html
- Office (Miami Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $20,000 to Mr. Cheriza. Mr. Cheriza has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Robens Cheriza IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for violations of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) calendar days of the release of this Order. If
- http://www.fcc.gov/eb/Orders/2012/DA-12-524A1.html
- Office (Miami Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $10,000 to Mr. Thermitus. Mr. Thermitus has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Robenson Thermitus IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) calendar days of the release of this Order. If
- http://www.fcc.gov/eb/Orders/2012/DA-12-527A1.html
- an ability to pay a forfeiture. We have reviewed our records and Beacon's submitted documentation and conclude that the forfeiture should be reduced to $8,000, an amount within the range determined by the Bureau to be affordable. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Beacon Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for violations of Sections 73.3526(e)(12), 73.1745(a), and 1.903(a) of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within 30 days of
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- corresponding NOTAM number; and (4) a timeframe for repair. This statement must be provided to the Atlanta Office at the address listed in paragraph 10 within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Telava Wireless, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Section 303(q) of the Act and Section 17.51(a) of the Commission's rules. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within
- http://www.fcc.gov/eb/Orders/2012/DA-12-535A1.html
- Telava's statement shall provide a timeframe for lighting restoration. This statement must be provided to the Chicago Office at the address listed in paragraph 16 within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Telava Wireless, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violations of Section 303(q) of the Act and Sections 17.47 and 17.56(a) of the Rules. 15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules
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- Dollar willfully and repeatedly violated Section 301 of the Act and Section 1.903(a) of the Rules. Considering the entire record and the factors listed above, we find that a forfeiture in the amount of $12,000 is warranted. IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, DTG Operations Inc., d/b/a Dollar Rent-A-Car, IS LIABLE FOR A MONETARY FORFEITURE in the amount of twelve thousand dollars ($12,000) for willfully and repeatedly violating Section 301 of the Communications Act of 1934, as amended, and Section 1.903(a) of the Commission's rules. 10. Payment of the forfeiture shall be made in
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- levels. This statement must be provided to the Miami Office at the address listed in paragraph 11, below, within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and Order. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, ERJ Media, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violations of Section 73.1745(a) of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release
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- implemented to ensure the Antenna Structure retains good visibility. This statement must be provided to the Dallas Office at the address listed in paragraph 11 within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Classic Cable, Inc. dba Suddenlink Communications is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 17.50 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules, within thirty (30) calendar days
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- implemented to ensure the Antenna Structure retains good visibility. This statement must be provided to the Dallas Office at the address listed in paragraph 11 within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, James Cable, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 17.50 of the Commission's rules. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules, within thirty (30) calendar days of the
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- 227 of the Act and the Commission's related rules and orders, for the reasons set forth in the NAL. III. ordering clauses 13. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4), and under authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Response Card Marketing, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of $9,000 for willfully or repeatedly violating section 227(b)(1)(c) of the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S: 64.1200(a)(3), and the related
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation, as to the Station and/or the Licensee, IS TERMINATED. 7. IT IS FURTHER ORDERED that any third-party complaints and allegations against the Stations and/or the Licensee before the Enforcement Bureau related to the above-captioned investigation as of
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- implemented to ensure the Antenna Structure retains good visibility. This statement must be provided to the Dallas Office at the address listed in paragraph 11 within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Mobile Phone of Texas, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of section 17.50 of the Commission's rules. 8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules within thirty (30) calendar days
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- repeatedly violated Section 301 of the Act. IV. ordering clauses 8. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Commission's rules, the Petition for Reconsideration filed by Alexander Kissi IS DENIED. 9. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, Alexander Kissi IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 10. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the rules within thirty (30) calendar days of the release of this
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- material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Mr. Mann possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned enforcement proceeding IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Richard Mann d/b/a The Antique Radio
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- that, in general, gross revenues are the best indicator of an ability to pay a forfeiture. Based on the financial documents and other materials provided by Power, we find sufficient basis to reduce the forfeiture to $1,500. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Power Ministries IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violations of section 73.1660(a)(2) of the Commission's rules. 8. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Rules within thirty (30) calendar days
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- ordering clauses 11. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications Act of 1934, as amended, and Section 1.106 of the Rules, that the Petition for Reconsideration filed by Princess K Fishing Corporation IS DISMISSED and the Forfeiture Order IS AFFIRMED. 12. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Princess K Fishing Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand, five hundred dollars ($5,500) for violations of section 80.89(a) of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release
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- valid STA. This statement must be provided to the Philadelphia Office at the address listed in paragraph 15, infra, within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture and Order. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.204(b), 0.311, 0.314, and 1.80 of the Commission's Rules, Nassau Broadcasting II, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violations of sections 73.1745(a) and 73.3526 of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules, within thirty (30) days of
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- under penalty of perjury by an officer or director of Mapleton within thirty (30) calendar days of the release date of this Forfeiture Order that Station KXDZ(FM) is now in compliance with Section 73.3526 of the Rules. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Mapleton License of San Luis Obispo, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 73.3526 of the Commission's Rules. 11. IT IS FURTHER ORDERED that Mapleton License of San Luis Obispo, LLC, SHALL SUBMIT a written statement, as
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- such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Thermitus is apparently liable for a forfeiture of $10,000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Robenson Thermitus is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release date
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- of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Telrite possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act, and Sections 0.111 and 0.311 of the rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to David H. Solomon, Wilkinson Barker Knauer, LLP,
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- be provided to the Federal Communications Commission, Enforcement Bureau, South Central Region, Tampa Office, 4010 W. Boy Scout Blvd., Suite 425, Tampa, Florida 33607, within thirty (30) calendar days of the release date of this Forfeiture Order. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Ace of Hearts Disc Jockey Service, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand dollars ($11,000) for violations of Sections 73.1350 and 74.1235(e) of the Commission's rules. 12. IT IS FURTHER ORDERED that Ace of Hearts Disc Jockey Service, Inc. SHALL SUBMIT a statement as described
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- of new material evidence relating to this matter, we conclude that our investigations raise no substantial or material questions of fact as to whether Ztar possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 4. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act, and Sections 0.111 and 0.311 of the Commission's Rules, the Consent Decree attached to this Order IS ADOPTED. 5. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. 6. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Kevin Haddad, President, Ztar Mobile, Inc.,
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- the disposition of the remaining inventory of the device. This statement must be provided to the Enforcement Bureau at the address listed in paragraph 13 within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, US Jetting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand four hundred dollars ($8,400) for violation of Section 302(b) of the Act and Sections 2.803(a)(1) and 15.201(b) of the Commission's rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of
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- forfeiture in the amount of twenty two thousand dollars ($22,000). In view of today's action, and in light of Clear Channel's prior history of non-compliance, we caution that the imposition of even higher forfeitures may result in the future if such misconduct persists. II. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Commission's rules, that Clear Channel Communications, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty two thousand dollars ($22,000) for apparently willfully and repeatedly violating section 73.1216 of the Commission's rules. 11. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that within thirty (30) days
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether InterMetro possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to David Olert, InterMetro Communications, Inc., 2685 Park
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- with prior precedent for entities failing to receive prior authorization from the International Bureau, a proposed forfeiture of $100,000 is warranted for Page Plus's apparent willful repeated failure to obtain Section 214 authority from the Commission prior to providing international telecommunications service. IV. ORDERING CLAUSES 16. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, 0.314 and 1.80 of the rules, Start Wireless Group, Inc. d/b/a Page Plus Cellular, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $100,000 for apparently willfully and repeatedly violating Section 214(a) of the Act and Section 63.18 of the rules. 17. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's
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- Bureau's Detorit Office issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $10,000 to Taylor Broadcasting. Taylor Broadcasting has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Taylor Broadcasting Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 73.1125 of the Commission's rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) calendar days of the release of this
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- the Enforcement Bureau's Detroit Office issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $22,000 to R.J. R.J. has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, R.J.'s Late Night Entertainment Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $22,000 for violations of Sections 11.35(a), 73.1690(b)(2), and 73.3527(b)(1) of the Commission's rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) calendar days
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- (Kansas City Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $10,000 to KM Radio. KM Radio has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, KM Radio of Independence, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 303(q) of the Act and Sections 11.35, 17.51, 73.1560(b), and 73.3526 of the Commission's rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- Cleburne Independent School Texas $7,231.32 District Leander Independent School Texas $31,872.31 District Teague Independent School Texas $3,190.56 District TOTAL $891,987.85 Any further reference in this letter to "your conviction" refers to your guilty plea and subsequent sentencing for mail fraud in United States v. Jonathan Michael Slaughter, Criminal Case No. 2:11cr162-MEF-01, Judgment (M.D. Ala. 2012) (Judgment). See 47 C.F.R. S: 0.111 (delegating authority to the Bureau to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the E-Rate program in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (Second Report and Order) (adopting Section 54.521 to suspend and debar parties from
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- 2012, the Division released an Order and Consent Decree settling this enforcement proceeding. Consistent with the terms of the Consent Decree, Mr. Mann has now filed a motion with the Bureau seeking to withdraw the pending Application for Review. We hereby grant Mr. Mann's request. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, Mr. Mann's Motion to Withdraw IS GRANTED. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail, return receipt requested, to Richard Mann d/b/a The Antique Radio Collector, 4231 Willys Parkway, Toledo, OH 43612. FEDERAL COMMUNICATIONS COMMISSION John D. Poutasse Chief Spectrum Enforcement Division
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- Bureau's Detroit Office issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $8,000 to Upper Peninsula. Upper Peninsula has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Upper Peninsula Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for violations of Section 11.35(a) of the Commission's rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's rules within thirty (30) calendar days of the release
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- the FAA maintains an active NOTAM regarding the structure. This statement must be provided to the Houston Office at the address listed in paragraph 13 within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, James A. Davis is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen thousand dollars ($13,000) for violations of Section 303(q) of the Act and Sections 17.48(a), 17.50, 17.51(a), and 17.57 of the Commission's rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of
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- Diego Office (San Diego Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $8,000 to Casarez. Casarez has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Rosendo Casarez, Jr. IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully and repeatedly violating Section 11.35 of the Commission's rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) calendar
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- this case, the Bureau is fully within its authority to consider deterrence as a factor in determining an appropriate forfeiture amount, as the Forfeiture Policy Statement explicitly discusses. See Forfeiture Policy Statement, 12 FCC Rcd at 17098. See NAL Response at 1. Id. at 8. Id. at 6. See id. See 47 U.S.C. S:S: 154(i), 154(j), 403; 47 C.F.R. S:S: 0.111, 0.311. See, e.g., Allcom, Notice of Apparent Liability for Forfeiture and Order, 25 FCC Rcd 9124, 9126 (Enf. Bur. 2010). See, e.g., Norfolk Southern Railway Company KFR86 Atlanta, Georgia, Order, 11 FCC Rcd 519 (Compliance & Information Bur. 1996). Reverend Theodore M. Schultz, File No. EB-02-IH-0128, Letter (Enf. Bur. May 30, 2002). See NAL Response at 5-8. See supra note
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- absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether the Licensee possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation, as to the Station and/or the Licensee, IS TERMINATED. 7. IT IS FURTHER ORDERED that any third-party complaints and allegations against the Station and/or the Licensee before the Enforcement Bureau related to the above-captioned investigation as of
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- and prior to the Bureau's involvement, which warrants a downward adjustment in the forfeiture amount. Accordingly, having considered the record in this case, we find that Nassau is apparently liable for a forfeiture in the amount of $2,000. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's rules, that Nassau Broadcasting III, LLC, Debtor-in-Possession, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of $2,000 for apparently willfully violating Section 73.1206 of the Commission's rules. 11. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty (30) days of the release date
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- Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mount Rushmore is apparently liable for a total forfeiture in the amount of twenty-one thousand, five hundred dollars ($21,500). IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Mt. Rushmore Broadcasting, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-one thousand, five hundred dollars ($21,500) for violations of Sections 73.1125(a), 73.1125(e), 73.1225(a) and 73.1350(a) of the Rules. 13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within
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- the Rules. This statement must be provided to the Portland Office at the address listed in paragraph 11 within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and Order. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Pacific Empire Radio Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty five thousand dollars ($25,000) for violations of Section 73.3526(e)(12) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of
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- as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that WOYK is apparently liable for a forfeiture in the amount of $7,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, WOYK Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violation of Section 73.49 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty (30) calendar days of the release date
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- calendar quarter. This statement must be provided to the Philadelphia Office at the address listed in paragraph 14 within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and Order. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Quinn Broadcasting Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen thousand dollars ($16,000) for violations of Sections 73.3526(e)(12) and 17.57 of the Commission's rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty (30) calendar days
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- Office (Miami Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $10,000 to Mr. Cernogg. Mr. Cernogg has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Willis Cernogg, Jr. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) calendar days of the release of this Order.
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- absence of material new evidence relating to these matters, we conclude that our investigations raise no substantial or material questions of fact as to whether Verizon Wireless possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigations ARE TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to John T. Scott, Vice President and Deputy
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- by the tenth day of the succeeding calendar quarter. This statement must be provided to the Detroit Office at the address listed in paragraph 13 within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Birach Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen thousand dollars ($17,000) for violations of Sections 73.49, 73.3526(c)(1) and 73.3526(e)(12) of the Rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules within thirty (30) calendar days
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- evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Horvath possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Jacqueline L. Stout, President, Horvath Towers, LLC,
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- the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Townsquare is apparently liable for a total forfeiture of $4,000 for operating its daytime-only station after sunset. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Townsquare Media of Flint, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.1745(a) of the Commission's rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days
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- take to comply with the Section 17.47 monitoring requirements. This statement must be provided to the Houston Office at the address listed in paragraph 11 within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314 and 1.80 of the Commission's rules, Martin Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 303(q) of the Act and Sections 17.47(a) and 17.51(a) of the Commission's rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's
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- Rules, and the statutory factors to the instant case, we conclude that Aramark is apparently liable for a forfeiture of $4,000 for each of the unauthorized frequencies on which it operated, for a total forfeiture of $12,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Aramark is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars ($12,000) for violations of Section 301 of the Act and Section 1.903(a) of the Commission's rules. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30)
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- $5,000 is warranted. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Rivas is apparently liable for a forfeiture in the amount of $15,000. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Luis Ernesto Rivas, Jr. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Section 301 of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the
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- amount is warranted. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Knighten is apparently liable for a forfeiture in the amount of $15,000. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Albert R. Knighten, Jr. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Section 301 of the Act. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the
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- documentation and the relevant precedent, we conclude that the Licensee's gross revenues can support paying a reduced forfeiture. Accordingly, we reduce the forfeiture from $4,000 to $3,500 based solely on the financial information that Super W submitted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Super W Media Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand five hundred dollars ($3,500) for violations of Section 73.1350(a) of the Commission's rules. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty
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- the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether StanaCard possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Act and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by certified mail, return receipt requested, to Mr. Cheng Yi Liu, Esq., Counsel to StanaCard, LLC, Law Offices
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- Office (Atlanta Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $22,000 to Mr. Young. Mr. Young has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission's rules, Arthur Lee Young IS LIABLE FOR A MONETARY FORFEITURE in the amount of $22,000 for violations of Sections 301 and 303(n) of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) calendar days of the release of
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- relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Level 3 possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class mail and certified mail, return receipt requested, to Gregory T. Diamond, Corporate Counsel, Level 3
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- in compliance with Section 73.1745(a) of the Rules. This statement must be provided to the Detroit Office at the address listed in paragraph 14, below, within thirty (30) calendar days of the release date of this NAL. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Birach Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000) for violation of Section 73.1745(a) of the Rules. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release
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- of the Rules, and the statutory factors to the instant case, we conclude that Vision Latina Broadcasting is apparently liable for a total forfeiture in the amount of $25,000 for providing incorrect factual information to the Commission. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Vision Latina Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty five thousand dollars ($25,000) for violation of Section 1.17(a)(2) of the Rules. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of
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- Rules, and the statutory factors to the instant case, we conclude that Vision Latina Broadcasting is apparently liable for a total forfeiture in the amount of $15,000 for failing to make available a complete public inspection file. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Vision Latina Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violation of Section 73.3526 of the Rules. 8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the
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- amount is warranted. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mr. Jean is apparently liable for a forfeiture in the amount of $15,000. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules, Pierre Nixon Jean is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Section 301 of the Act. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules, within thirty (30) calendar days of the release
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- conjunction with the Forfeiture Policy Statement and Section 1.80 of the Rules. Considering the entire record and the statutory factors listed above, we find that A Radio is liable for a forfeiture in the amount of $25,000. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission's rules, A Radio Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for violating the terms of a Bureau order adopted pursuant to Sections 4(i) and 503(b) of the Act. 7. Payment of the forfeiture shall be made in the manner provided for in Section
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- to this matter, we, the Bureau, conclude that our investigation raises no substantial or material questions of fact as to whether Comcast possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 7. IT IS FURTHER ORDERED that all third-party complaints against Comcast before the Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree ARE DISMISSED. 8. IT IS FURTHER
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- the amount of forty-four thousand dollars ($44,000). This represents the base amount for each of the 11 instances in which a WIN-sponsored announcement was broadcast without disclosing that the announcement was sponsored, paid for, or furnished by WIN. IV. ORDERING CLAUSES 12. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, 0.314, and 1.80 of the Commission's rules, that Radio License Holding XI, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of forty-four thousand dollars ($44,000) for its apparent willful violation of the sponsorship identification requirements of section 317 of the Communications Act of 1934, as amended, and section 73.1212 of the Commission's rules. 13.
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- for a violation of Section 73.1216 of the rules. In this case , based upon our review of all the pertinent factors as required by Section 503(b)(2)(D) of the Act, we believ e a $4,000 forfeiture is appropriate. XII.Ordering clauses 13. ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communicati ons Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Clear Channel Broadcasting Licenses, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FO RFEITURE in the amount of four thousand dollars ($4,000) for willfully violating Section 73.121 6 of the Commission's rules. 14. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rul es, that within thirty days of the
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- have determined that rescission of the forfeiture is warranted. There is insufficient evidence in the record to establish with any certainty the identity of the person or persons who made the unauthorized transmissions that form the basis of the violation. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED, pursuant to Section 504(b) of the Act, 47 U.S.C. § 504(b), and sections 0.111, 0.311 and 1.80 of the Rules, 47 C.F.R. §§ 0.111, 0.311, and 1.80, that the Notice of Apparent Liability for Forfeiture issued against Bruce Alesso IS RESCINDED. 6. IT IS FURTHER ORDERED that a copy of this Order shall be sent certified mail, return receipt requested, to Bruce Alesso, in care of his counsel of record. FEDERAL COMMUNICATIONS COMMISSION David
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- evidence relating to this matter, we conclude that there are no substantial and material questions of fact as to whether Sprint possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act, 47 U.S.C. § 154(i), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned case as well as the Commission staff inquiry into the matter described herein ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter
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- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b) and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that MCI's Motion For Voluntary Dismissal IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint (i.e., E-95-35) IS DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. IT IS FURTHER ORDERED that the above-captioned supplemental complaint for damages (i.e., 99-16S) solely as it pertains to MCI's claims against
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- for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201, 202, 208, 258, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201, 202, 208, 258, and 276, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the parties' Joint Motion To Dismiss IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-682 Federal Communications Commission DA
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- the same damages, arising from the same transaction, that are at issue in the FCC Complaint. Accordingly, we dismiss COMSAT's FCC Complaint with prejudice. V. ORDERING CLAUSE 30. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 207, and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 207, 208, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the formal complaint in this proceeding IS DISMISSED WITH PREJUDICE and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 208. 47 U.S.C. §§ 751-757 (Maritime Satellite Act or Inmarsat Act). COMSAT also refers to the Inmarsat Convention, the Inmarsat Operating
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- nor detailed those measures, nor explained why its efforts in this regard warrant consideration as a mitigating factor. In sum, we believe that the nature of the apparent violation requires the imposition of the base monetary forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, WCMQ Licensing, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000.00) for violating Section 73.1206 of the Commission's rules, which prohibits broadcasters from airing telephone conversations without first informing the parties to such conversations of their intention to do so. 7. IT IS
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- a forfeiture of $2,000 as the base amount for violation of the enhanced underwriting requirements. In this case, we believe that a forfeiture of $1,000 is appropriate due to the prior unblemished enforcement record of the licensee. IV. Ordering Clauses 9. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Southern Rhode Island Public Radio Broadcasting, Inc., licensee, noncommercial educational Station WBLQ(FM), Westerly, Rhode Island, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of One Thousand Dollars ($1,000.00) for willfully and repeatedly violating 47 U.S.C. Section 399b and Section 73.503 of the Commission's rules. 10. IT IS FURTHER ORDERED,
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- believe a $4,000 forfeiture is appropriate in this case. We note that a station controlled by Citicasters' corporate parent recently committed a similar violation. Future violations by stations owned by these entities will likely result in significantly higher forfeitures. Ordering clauses ACCORDINGLY, IT IS ORDERED THAT pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Citicasters Co. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 73.1216 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days of the release of this Notice, Citicasters
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- forfeiture is an appropriate tool to punish its prior violations and to ensure future compliance with our rules. We believe a $4,000 forfeiture will act as an appropriate punishment and deterrent without unduly disrupting WS's ability to serve the public. Ordering clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, WS Communications, L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000), for its willful and repeated violations of Section 73.3526 of the Commission's rules, 47 C.F.R. § 73.3526. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's rules
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- instance within the [agency's] discretion.'' Id., 88 F.3d at 747, citing NLRB v. Bell Aerospace Co., 416 U.S. 267, 294 (1974). Infinity has wholly failed to show that there has been any abuse of that discretion in this case. IV. Ordering Clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, Infinity Broadcasting Corporation of Washington, D.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000), for its willful violation of Section 73.1206 of the Commission's rules, 47 C.F.R. § 73.1206. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's
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- this matter, we conclude that there are no substantial and material questions of fact as to whether IBM possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 4(j) of the Communications Act, 47 U.S.C. §§ 154(i), 154(j), and the authority delegated in Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the attached Consent Decree is hereby ADOPTED. IBM may make its voluntary contribution to the United States Treasury by credit card through the Commission's Credit and Debt Management Center at (202) 418-1995 or by mailing a check or similar instrument, payable to the order of the Federal
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- incorrectly stated that the Commission's forfeiture guidelines establish a base amount of $11,000 for violations of this nature. The correct base forfeiture amount for operation of a radio station without a valid Commission license or authorization is $10,000. We therefore reduce the forfeiture amount to $10,000. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jean R. Jonassaint, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willful and repeated violation of the provisions of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the release
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- forfeitures, as provided by SBREFA. See Jerry Szoka, 14 FCC Rcd 9857, 9866 (1999), recon. denied 14 FCC Rcd 20147 (1999). Using this guidance, we do not find that Callcomm is entitled to a further reduction or cancellation of the forfeiture amount. IV. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Colorado Callcomm, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act. 15. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days of the release of this
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- Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') to La Favorita in the amount of four thousand dollars ($4,000) for the noted violation. La Favorita has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, La Favorita, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willful violation of Section 1.89(b) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days of the release of this Order.
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- Commission's Rules. 3. On July 26, 1999, the Commission's Wireless Telecommunications Bureau issued a Notice of Apparent Liability (``NAL'') for a $2,000 monetary forfeiture. Redondo Beach has not filed a response. Based on the information before us, we affirm this forfeiture. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, the City of Redondo Beach, California IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for willful and repeated violations of Section 301 of the Act, former Section 90.113 of the Rules, and current Section 1.903(a) of the Rules. 5. Payment of the forfeiture shall
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- and our broadcast indecency standard.'' 15 FCC Rcd at 2518-19, citing Reno v. ACLU, 521 U.S. at 868-70. Thus, we find no merit to Infinity's argument that Reno v. ACLU invalidates the ``foundation of the NAL'' assessed against it. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, Infinity Broadcasting Corporation of Los Angeles IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for willfully violating 18 U.S.C. § 1464. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's rules within 30 days of the release of
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- discrimination claim (that the services at issue are ``like''), and its claim under section 202(a) of the Act is therefore denied. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 201(b), 202(a), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 201(b), 202(a), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the formal complaint filed by Metrocall, Inc. against WorldCom, Inc., IS DENIED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311
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- resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the motion for withdrawal of the above-captioned complaint IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. 5. IT IS FURTHER ORDERED that this Order is effective immediately upon release thereof. FEDERAL COMMUNICATIONS COMMISSION Glenn T.
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- Houston Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of seventeen thousand dollars ($17,000) to Mr. Martin. Mr. Martin has not filed a response. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Leonard D. Martin, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willful and repeated violation of the provisions of Sections 301 and 303(n) of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of
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- terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating this inquiry. 4. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C §§ 154(i) and 154(j), and the authority delegated in Sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the attached Consent Decree is hereby ADOPTED. 5. Raide and Radio Corporation may, collectively or individually, make the voluntary contribution referenced in the Consent Decree to the United States Treasury by credit card through the Commission's Credit and Debt Management Center at (202) 418-1995 or by mailing
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- and we see no reason to await issuance of the guidelines before imposing the forfeiture order in this case. In the absence of any substantive response to our NAL, we impose a forfeiture for the full amount originally proposed. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, Citicasters Co. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating 18 U.S.C. § 1464. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's rules within 30 days of the release of this Forfeiture Order. If
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- Washington Field Office issued a Notice of Apparent Liability for Forfeiture in the amount of seven thousand dollars ($7,000) to Reier for the noted violation. Reier has not filed a response. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Reier Broadcasting Company, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for failing to enclose its AM antenna tower within an effective locked fence in violation of Section 73.49 of the Commission's Rules. Payment of the forfeiture shall be made in the manner provided for in
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- hereto and incorporated by reference. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the staff's investigation. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j) and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's Rules, that the attached Consent Decree IS ADOPTED. Samsung may make its voluntary contribution to the United States Treasury by credit card through the Commission's Debt and Credit Management Center at (202) 418-1995 or by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture Collection Section,
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- will, therefore, retain a record of this violation, and the violation will be considered in determining an equitable penalty in the event any future violations occur. Accordingly, we admonish the College to carefully follow all Commission Rules in its current and future operation of KCOZ. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 504(b) of the Act and Sections 0.111, 0.311, and 1.80 of the Rules, the $8,000 forfeiture issued to the College of the Ozarks IS RESCINDED to the extent explained in this Order. 5. IT IS FURTHER ORDERED that, a copy of this Order shall be sent by certified mail, return receipt requested, to the College of the Ozarks, Point Lookout, Missouri 65726. FEDERAL COMMUNICATIONS COMMISSION David H.
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- does not demonstrate that further reduction of the forfeiture for this violation is warranted. We agree, however, that Culpeper's history of overall compliance does warrant a reduction of the forfeiture for the fencing violation. Accordingly, we reduce the total forfeiture to $7,000. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Culpeper Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willful violation of the provisions of Sections 73.49 and 73.1560(a) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days
- http://www.fcc.gov/eb/Orders/da001501.doc http://www.fcc.gov/eb/Orders/da001501.txt
- amended, 47 U.S.C. § 201(b). As damages for this violation, Bell Atlantic must pay Rainbow $345,600, including interest computed as set forth above. V. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 201(b), and 208, and authority delegated pursuant to sections 0.111 and 0.333 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.333, that the formal complaint filed in this matter by Rainbow Programming Holdings is hereby GRANTED in part as indicated herein. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), 206, 208 and 209 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 206, 208 and
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- Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of twelve thousand dollars ($12,000) to Morradio, Inc. for the referenced violations. Morradio has not filed a response. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Morradio, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,000 for willful violation of the provisions of Sections 11.35(a), 73.1690(b), and 73.3538(a)(4) of the Commission's Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of
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- Under these guidelines, we consider a licensee's ability to pay as a relevant factor in assessing forfeitures. Our review of Ms. Gizzo's tax returns leads us to conclude that the forfeiture should be further reduced from the $4,000 base forfeiture amount to $2,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Sandra J. Gizzo, IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for operation of a transmitter on 938.1125 MHz at an unauthorized location in willful and repeated violation of Section 301 of the Act and former Section 90.113 of the Rules. IT IS FURTHER ORDERED that Sandra J.
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- that cancellation of the proposed forfeiture is not justified and that the proper forfeiture amount is $4,000. IV. ORDERING CLAUSES 17. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 1.113(b) of the Rules, the Forfeiture Order (DA 00-1428) released June 26, 2000, IS SET ASIDE. 18. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Leonard D. Martin, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willful and repeated violation of the provisions of Sections 301 and 303(n) of the Act. 19. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the
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- respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.'' After reviewing all of the circumstances, we believe a $7,000 forfeiture is appropriate in this case. Ordering Clauses ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Communicast Consultants, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating Section 503(b)(1)(D) of the Communications Act of 1934, as amended, and Section 73.3999 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules,
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- to a further reduction or cancellation of the forfeiture amount. 11. After examining ARS Broadcasting's response to the NAL under Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we find that $7,000 is the appropriate forfeiture amount in this case. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, ARS Broadcasting Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating Section 73.49 of the Commission's Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days of the release of
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- in appropriate cases, demonstrate licensee's ``good faith'' effort to comply with Commission rules and justify mitigation). In sum, we believe that the nature of the apparent violations require the imposition of the respective base monetary forfeiture amounts. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Kevin Hackler is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven thousand dollars ($11,000) for violating the provisions of the Act and the Commission's rules requiring licensees to obtain Commission authorization prior to transferring substantial station control, pursuant to Section 310(d) of the Act and Section 73.3540
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- may, in appropriate cases, demonstrate licensee's ``good faith'' effort to comply with Commission rules and justify mitigation). In sum, we believe that the nature of the apparent violation requires the imposition of the base monetary forfeiture amounts. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Kenneth Paul Harris, Sr. is hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($8,000) for violating the provisions of the Act and the Commission's rules requiring persons to obtain Commission authorization prior to assuming substantial station control, pursuant to Section 310(d) of the Act and
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- terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating this proceeding. 5. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C §§ 154(i) and 154(j), and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, 47 C.F.R. §§ 0.111 and 0.311, that the attached Consent Decree is hereby ADOPTED. 6. IT IS FURTHER ORDERED that the voluntary contribution referenced in the Consent Decree shall be paid by a check or money order drawn to the order of the ``Federal Communications Commission.'' Reference should be made on the check or
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- PNI licensee, WBC has not demonstrated that its conduct warrants a reduction of its proposed forfeiture. Quite the opposite, WBC's intentional misconduct justifies use of the upward adjustment criteria cited in the NAL. The proposed forfeiture is fully justified and should be imposed. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80 of the Commission's rules, WRHC Broadcasting Corp. FORFEIT to the United States the sum of twenty-two thousand five hundred dollars ($22,500) for violating the terms and conditions of its license and the Commission's rules requiring operation within the parameters set forth in the license, and requiring express permission prior to a permittee's operation or commencement of program
- http://www.fcc.gov/eb/Orders/da001640.doc http://www.fcc.gov/eb/Orders/da001640.txt
- to be more egregious than the typical case in that Citicasters' disc jockeys apparently broke Ms. Sage's answering machine code in order to access the recorded conversation, we are adjusting the proposed forfeiture up to $6,000. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that Citicasters Co. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of six thousand dollars ($6,000) for willfully violating Section 73.1206 of the Commission's rules, 47 C.F.R. § 73.1206. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that
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- set forth in Section 503(b)(2)(D) of the Act, including Advanced TelCom's prior record of compliance, were taken into account in setting the proposed forfeiture at $3,000 for both stations. Accordingly, we find that no further downward adjustment of the forfeiture amount is warranted. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Advanced TelCom, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand ($3,000) for willfully violating Section 1.949 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture
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- PJB Communications of Virginia, Inc., 7 FCC Rcd 2088 (1992). In view of the number and seriousness of Booth's violations and the gross revenues indicated by Booth's tax returns, we conclude that it is appropriate to reduce Booth's forfeiture from $20,000 to $5,000. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Booth-Newsome Broadcasting, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for willfully and repeatedly violating Sections 11.35, 73.1590(a)(6), 73.1590(b), and 73.3526(a)(2) of the Rules. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days of
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- other commitments and representations in the Consent Decree, we believe that approving the Consent Decree and terminating the forfeiture proceeding will serve the public interest. Furthermore, we find that no substantial or material question of fact exists regarding SouthEast's basic qualifications to hold a Commission license. 4. Accordingly, IT IS ORDERED, pursuant to Sections 4(i)-(j) of the Act, and Sections 0.111 and 0.311 of the Rules, that the Consent Decree, incorporated by reference in and attached to this Order, IS ADOPTED. 5. SouthEast may make its voluntary contribution to the United States Treasury by credit card through the Commission's Credit and Debt Management Center at (202) 418-1995, or by mailing a check or similar instrument, payable to the order of the
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- (1999). In this case, we consider Stone/Collins' voluntary disclosure of its violation and the nature of the station to be mitigating factors. Considering the record as a whole, we believe that a $3,000 forfeiture is appropriate. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that Stone/Collins Communications, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of three thousand dollars ($3,000) for willfully and repeatedly violating Section 310(d) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. § 310(d), and Section 73.3540(a) of the
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- of apparent liability. If NATN continues to violate the Commission's universal service rules, such violations could result in future notices of apparent liability proposing substantially greater forfeitures, or could result in issuance of a show cause order to revoke NATN's operating authority. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80 of the Commission's Rules, North American Telephone Network is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of fifty-five thousand dollars ($55,000) for violating the Act and the Commission's rules requiring regular contributions for universal service. 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within thirty days
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- 1998, and $10,660 in 1997. After considering this information, we conclude that requiring Mr. Sanders to pay a $6,000 forfeiture would impose a financial hardship. Finally, we will refer Mr. Sanders' submission of his authorizations for Stations KNKL513, KNKD291 and KNKD302 to the Wireless Bureau for cancellation as requested. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the forfeiture in the amount of six thousand dollars ($6,000) proposed in the NAL IS CANCELLED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail Return Receipt Requested to D.A. Sanders, 1611 Baden Powell Drive, Hawthorne, Florida 32640, and to his counsel, Lewis Goldman, 4141 North Henderson
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the parties' Joint Motion To Dismiss With Prejudice IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau (continued....) Federal Communications Commission DA 00-1920 Federal
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- of the violation (February 26, 1999), we believe that Three Eagles can only receive limited credit for its prior record of compliance. Based upon our consideration of the record as a whole, we believe a $6,000 forfeiture is appropriate. IV. Ordering Clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, Three Eagles of Columbus, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of six thousand dollars ($6,000), for its willful violation of 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999. Payment of the forfeiture shall be made in the manner provided for in Section
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- Upon review of the particular circumstances in this case and in accordance with the discretion afforded to the Commission by Section 504 of the Act and implemented by Section 1.80(i) of the Rules, we have determined that rescission of the proposed forfeitures is warranted. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED, pursuant to Section 504(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, that the Notices of Apparent Liability for Forfeiture issued against Chadmoore and PTT Maple ARE RESCINDED. 8. IT IS FURTHER ORDERED that, a copy of this Order shall be sent certified mail, return receipt requested, to the Chadmoore Communications Group and PTT Maple, Inc., 2875 E. Patrick Lane, Suite G, Las Vegas, Nevada 89120.
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- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208 and 222(e) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208 and 222(e), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. § 0.111 and 0.311, that the joint motion to dismiss the above-captioned complaint with prejudice IS GRANTED. 5. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission
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- respond could result in a forfeiture. Nonetheless, because Diamond apparently believed that American Tower was responsible for responding, and taking into account all the factors required under Section 503(b)(2)(D) of the Act, we find that the proposed forfeiture should be reduced to $500. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Diamond Services Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $500 for violating Section 1.89(b) of the Commission's Rules, which requires the recipient of a Notice of Violation to respond in writing within a specific time period. Payment of the forfeiture shall be made in the manner provided for in
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- specifically identify the basis for the claim by reference to the financial documentation submitted. Mr. LaPierre has not provided the necessary proof to evaluate his claim. Indeed, he has provided no information at all regarding his inability to pay. 6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Richard E. LaPierre IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for violating Section 1.89(b) of the Rules. 7. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the forfeiture is
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- for Station WSI674 after the expiration of the authorization. 7. Further, without supporting documentation, we are unable to evaluate Telnet's financial condition and cannot assess its ability to pay the forfeiture amount. Consequently, we must deny its request for cancellation or reduction. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Telnet IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for violating Section 1.949 of the Rules by failing to file a license renewal application for Station WSI674 prior to the expiration of the authorization for the station. 9. Payment of the forfeiture shall be made in the manner
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- cut her off. In light of the licensee's record of compliance with the Commission's rules, however, we believe a downward adjustment is appropriate. After reviewing all of the circumstances, we believe a $6,000 forfeiture is appropriate in this case. IV. Ordering Clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Regent Licensee of Flagstaff, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of six thousand dollars ($6,000) for willfully violating 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's Rules, that within thirty days
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- the NAL pursuant to the statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Kona Koast has failed to provide a sufficient justification for canceling or mitigating the proposed forfeiture amount. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Kona Koast Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10 ,000 for the willful violation of Section 73.1213(b) of the Rules setting forth the painting and lighting requirements for radio towers. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
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- enabling the parties to resolve this matter expeditiously through a private dispute resolution process, without unnecessary expenditure of further administrative resources by the Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b) and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b) and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the parties' Joint Motion to Dismiss AT&T's Supplemental Complaints Without Prejudice IS GRANTED. IT IS FURTHER ORDERED that section 1.722(b)(2)(ii) of the Commission's rules, 47 C.F.R. § 1.722(b)(2)(ii), shall not be applied to any renewed supplemental complaints that may be filed hereafter by AT&T against Qwest. IT
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- by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), 203(c)(1), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), 203(c)(1), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. § 0.111 and 0.311, that the joint motion to dismiss the above-captioned complaint with prejudice IS GRANTED. 5. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission
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- and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b) and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b) and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the WorldCom Joint Motion to Dismiss and the One Call Joint Motion to Dismiss ARE GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Frank G. Lamancusa Deputy Chief, Market Disputes Resolution Division
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- a factor in assessing forfeitures, the information Berkshire has provided does not establish such a claim. Berkshire has not provided any documentation from which its financial condition can be assessed. Thus, we do not find any basis for mitigation on this ground. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Berkshire IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand five hundred dollars ($4,500) for violating Section 1.949 of the Rules by failing to file license renewal applications for Stations KCA237, KNKC731, and KNKC816 prior to the expiration of the authorizations for the stations. 10. Payment of the forfeiture shall be
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- and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b) and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b) and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-2135 _______________________________________________________________________
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- promoting the private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and the Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the joint motion to dismiss the above-captioned complaints IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the
- http://www.fcc.gov/eb/Orders/da002145.doc http://www.fcc.gov/eb/Orders/da002145.txt
- its ability to pay the forfeiture. Preliminarily, Vincent Communications limits its documentation to the revenue generated by paging stations KNKK227, KNKK231, and KNKK233. Thus, we have no information about the financial condition of Vincent Communications as a corporate entity. 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Vincent Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,500 for violating Section 1.949 of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the forfeiture is
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- FCC 2d 289, 291 (Broadcast Bureau 1977), citing Executive Broadcasting Corp., 3 FCC 2d 699 (1966). Considering the record as a whole, we believe that a $10,000 forfeiture is appropriate for the violations in this case. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that Riverside Broadcasting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 73.3526 of the Commission's rules, 47 C.F.R. § 73.3526. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the
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- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and the Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Motion for Leave to Dismiss Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint is DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Frank G. Lamancusa Deputy Chief, Market Disputes Resolution Division Enforcement Bureau AirTouch is now known as
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- respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.'' After reviewing all of the circumstances, we believe a $7,000 forfeiture is appropriate in this case. Ordering Clauses ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Citicasters Co. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating Section 503(b)(1)(D) of the Communications Act of 1934, as amended, and Section 73.3999 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that
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- culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.'' See 12 FCC Rcd at 17110. After reviewing all of the circumstances, we believe a $7,000 forfeiture is appropriate in this case. IV. Ordering Clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Citicasters Co. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's Rules, that within thirty days of the release
- http://www.fcc.gov/eb/Orders/da002201.doc http://www.fcc.gov/eb/Orders/da002201.txt
- that the appropriate forfeiture amount is $3,000. We believe a justified increase in the base amount due to the fact that several licenses were involved is appropriately offset by the fact that Snider voluntarily disclosed the violations in less than 90 days. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Snider, IS LIABLE FOR A MONETARY FORFEITURE in the amount $3,000 for willful violation of Section 1.949 of the Rules, which requires that license renewal applications be filed prior to expiration. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- public interest by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208, and 271 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and 271, and the authority delegated in sections 0.111, 0.311, and 1.115 of the Commission's rules, 47 C.F.R. § 0.111, 0.311, and 1.115, that AT&T's application for review IS DISMISSED WITH PREJUDICE, and that the captioned proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau 47 U.S.C. § 208. 47 C.F.R. § 1.730. AT&T also originally named BellSouth Corporation and BellSouth Telecommunications,
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- terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating this proceeding. 5. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C §§ 154(i) and 154(j), and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, 47 C.F.R. §§ 0.111 and 0.311, that the attached Consent Decree is hereby ADOPTED. 6. IT IS FURTHER ORDERED that the voluntary contribution referenced in the Consent Decree shall be paid by a check or money order drawn to the order of the ``Federal Communications Commission.'' Reference should be made on the check or
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- we reject Capstar's claim that it is entitled to a reduction based upon a record of overall compliance with the Commission's rules. Accordingly, after reviewing all of the circumstances, we believe a $7,000 forfeiture is appropriate in this case. IV. Ordering Clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Capstar TX Limited Partnership is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's Rules, that within thirty days of
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- Oregon, Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of ten thousand dollars ($10,000) to Oregon Pacific. Oregon Pacific has not filed a response. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Oregon Pacific Railroad Company, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willful and repeated violation of the provisions of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the
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- Georgia, Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of seven thousand dollars ($7,000) to La Favorita. La Favorita has not filed a response. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, La Favorita, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willful violation of the provisions of Sections 1.89 and 17.4 of the Commission's Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules within 30 days of the
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- operations, which typically have been subject to forfeitures of approximately $10,000. Taking these facts into consideration and all of the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 is warranted. IV. Ordering Clauses 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 22.3 of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the Act, 47
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- Commission staff. We are satisfied that dismissing the complaint will serve the public interest by furthering the orderly adjudication of the parties' dispute. 6. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 202(a), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 202(a), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. § 0.111 and 0.311, that the joint motion to dismiss the above-captioned complaint without prejudice IS GRANTED. 7. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITHOUT PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau The Commission granted
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- once CCI closes on the sale, the forfeiture will no longer have an impact upon station operations. After reviewing all of the factors required by Section 503(b)(2)(D) of the Act, we believe a $7,000 forfeiture is appropriate in this case. Ordering Clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, Communicast Consultants, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000), for its willful violation of 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- for sponsorship identification violations. After considering the record and all of the factors contained in Section 503(b)(2)(D) of the Act, 47 U.S.C. § 503(b)(2)(D), and the Forfeiture Policy Statement, we believe a $4,000 forfeiture is appropriate in this case. Ordering clauses ACCORDINGLY, IT IS ORDERED THAT pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, AMFM is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 73.1212 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days of the release of this Notice, AMFM SHALL
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- for sponsorship identification violations. After considering the record and all of the factors contained in Section 503(b)(2)(D) of the Act, 47 U.S.C. § 503(b)(2)(D), and the Forfeiture Policy Statement, we believe a $4,000 forfeiture is appropriate in this case. Ordering clauses ACCORDINGLY, IT IS ORDERED THAT pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, AMFM is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 73.1212 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days of the release of this Notice, AMFM SHALL
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- Agent Office issued a Notice of Apparent Liability for Forfeiture in the amount of four thousand dollars ($4,000) to American for the noted violation. American has not filed a response. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, (``Act'') and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, American Radio Brokers, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for failing to respond to written Commission inquiries in violation of Section 1.89 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
- http://www.fcc.gov/eb/Orders/da002320.doc http://www.fcc.gov/eb/Orders/da002320.txt
- and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b) and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b) and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaints ARE DISMISSED WITH PREJUDICE and that these proceedings ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-2320
- http://www.fcc.gov/eb/Orders/da002334.doc http://www.fcc.gov/eb/Orders/da002334.txt
- Report and Order suggested that licensees who failed to comply with this requirement would be free from enforcement action. Consequently, we reject Mills' claim that the Wireless Bureau's action represents a retroactive application of a new policy, and affirm the $1,500 forfeiture. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, William S. Mills IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violating Section 1.949 of the Rules by failing to file a license renewal application for Station KNKO605 prior to the expiration of the authorization for the station. 10. Payment of the forfeiture shall be
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- operations, which typically have been subject to forfeitures of approximately $10,000. Taking these facts into consideration and all of the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 is warranted. IV. Ordering Clauses 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules Econopage is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 22.3 of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the Act,
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- evidence relating to this matter, we conclude that there are no substantial and material questions of fact as to whether Verizon possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act, 47 U.S.C. § 154(i), and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the Commission staff inquiry into the matter described here IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) File No. EB-00-TC-053
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- (1997), recon. denied 15 FCC Rcd 303 (1999). Currently, there is nothing before us to suggest that the base amount should be increased or decreased. Accordingly, we believe that a forfeiture of $8,000 forfeiture is appropriate. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that K.I.D.S. - TV6 is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully and repeatedly violating Section 310(d) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. § 310(d), and Section 73.3540(a) of the
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- 17113 (1997), recon. denied 15 FCC Rcd 303 (1999). Currently, there is nothing before us to suggest that the base amount should be increased or decreased. Accordingly, we believe that a forfeiture of $8,000 is appropriate. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that Bear Valley Broadcasting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully and repeatedly violating Section 310(d) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. § 310(d), and Section 73.3540(a) of
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- operations, which typically have been subject to forfeitures of approximately $10,000. Taking these facts into consideration and all of the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 is warranted. IV. Ordering Clauses 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, US Unwired is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 22.3 of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-2380 _______________________________________________________________________
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- terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating this proceeding. 5. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C §§ 154(i) and 154(j), and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, 47 C.F.R. §§ 0.111 and 0.311, that the attached Consent Decree is hereby ADOPTED. 6. IT IS FURTHER ORDERED that the voluntary contribution referenced in the Consent Decree shall be paid by a check or money order drawn to the order of the ``Federal Communications Commission.'' Reference should be made on the check or
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- of $2,000 to the base forfeirture amount. In total, based on all of the evidence before us, we find that El Mundo is apparently liable for a forfeiture in the amount of six thousand dollars ($6,000). Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that El Mundo Broadcasting Corp. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of six thousand dollars ($6,000) for willfully violating Section 73.1206 of the Commission's rules, 47 C.F.R. § 73.1206. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's
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- of fact exist as to whether OnSat possesses the basic qualifications, including those related to character, to hold or obtain any FCC license or authorization. 5. We believe that the public interest will be served by adopting the Consent Decree and terminating our inquiry. 6. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and (j) of the Act, and Sections 0.111 and 0.311 of the Commission's Rules, that the Consent Decree, incorporated by reference in and attached to this Order, IS ADOPTED. 7. IT IS FURTHER ORDERED that OnSat shall make its voluntary contribution to the United States Treasury by credit card through the Commission's Credit and Debt Management Center at (202) 418-1995, or by mailing a check or similar instrument,
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-2401
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- hereto and incorporated by reference. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the staff's investigation. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j) and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Rules, that the attached Consent Decree IS ADOPTED. QUALCOMM shall make its voluntary contribution to the United States Treasury by credit card through the Commission's Debt and Credit Management Center at (202) 418-1995, or by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Federal Communications Commission, Forfeiture
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaints ARE DISMISSED WITH PREJUDICE and that the above-captioned proceedings ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA
- http://www.fcc.gov/eb/Orders/da002441.doc http://www.fcc.gov/eb/Orders/da002441.txt
- private resolution of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and the Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Consent Motion for Withdrawal of Formal Complaint IS GRANTED. IT IS FURTHER ORDERED that the above-captioned complaint is DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau U S West is now known
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- this proceeding and that TSIA is therefore barred from further litigating its claims in this proceeding. We therefore dismiss the complaint. V. ORDERING CLAUSE 23. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 201(b), 203, and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 201(b), 203, 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 208. 47 U.S.C. §§ 201(b), 203. Joint Statement of Stipulated Facts, Disputed Facts, and Key Legal Issues, File No. E-97-25 (filed Sept. 2,
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- before us. In light of AT&T's commitment to be bound by the various principles set forth in the Consent Decree, we believe that the public interest would be served by approving the Consent Decree and terminating the investigation. 7. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act, 47 U.S.C. § 154(i), and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Decree attached hereto IS ADOPTED. 8. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 226(b)(1); 47 C.F.R. §§ 64.703(a)(3), (a)(4). 47 U.S.C. § 226(b)(1); 47 C.F.R. §§ 64.703(a)(3), (a)(4). ``Operator services'' is
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- before us. In light of WorldCom's commitment to be bound by the various principles set forth in the Consent Decree, we believe that the public interest would be served by approving the Consent Decree and terminating the investigation. 7. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act, 47 U.S.C. § 154(i), and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Decree attached hereto IS ADOPTED. 8. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 226(b)(1); 47 C.F.R. §§ 64.703(a)(3), (a)(4). 47 U.S.C. § 226(b)(1); 47 C.F.R. §§ 64.703(a)(3), (a)(4). ``Operator services'' is
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- before us. In light of USLD's commitment to be bound by the various principles set forth in the Consent Decree, we believe that the public interest would be served by approving the Consent Decree and terminating the investigation. 7. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act, 47 U.S.C. § 154(i), and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Consent Decree attached hereto IS ADOPTED. 8. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 226(b)(1); 47 C.F.R. §§ 64.703(a)(3), (a)(4). 47 U.S.C. § 226(b)(1); 47 C.F.R. §§ 64.703(a)(3), (a)(4). ``Operator services'' is
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- by the Commission. If the Commission does not receive a joint motion to dismiss by that date, Commission staff will resume action in this proceeding. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion To Hold In Abeyance IS GRANTED to the extent discussed above. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-2461 _______________________________________________________________________
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- have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 503(b) of the Communications Act, 47 U.S.C. §§ 154(i), 154(j), and 503(b), and the authority delegated in section 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Consent Decree, incorporated by reference in and attached to this order, is hereby ADOPTED. IT IS FURTHER ORDERED that the above captioned investigation IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau In the Matter of Bell Atlantic Delaware, et al. v. Frontier Communications,
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- because of the purported resultant financial hardship that payment would cause. 7. However, we note that Page-A-Phone is a longstanding Commission licensee with no prior violations. Therefore, we find that a reduction to $1,500 for Page-A-Phone's history of overall compliance is appropriate. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Page-A-Phone IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five hundred dollars ($1,500) for violating Section 1.949 of the Rules by failing to file license renewal applications for Stations WRV927 and WXR916 prior to the expiration of the authorizations for the stations. 9. Payment of the forfeiture shall be made
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- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Crown has failed to provide sufficient justification for canceling or mitigating the proposed forfeiture amount. Therefore, we affirm the forfeiture of ten thousand dollars ($10,000). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Crown Communication, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to exhibit medium intensity obstruction lighting on its antenna structure in willful and repeated violation of Section 17.51(b) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section
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- the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201, 202, 203, and 251(a) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201, 202, 203, and 251(a), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Joint Motion to Dismiss Without Prejudice IS GRANTED. IT IS FURTHER ORDERED that the Joint Motion to Dismiss filed November 6, 2000 is DENIED AS MOOT. 5. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITHOUT PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS
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- reasons stated in our May 8 Order, we find that section 207 bars COMSAT from making the same claims here against IDB's privy, Stratos. IV. ORDERING CLAUSE 31. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 207, and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 207, 208, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the formal complaint in this proceeding IS DISMISSED WITH PREJUDICE and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 U.S.C. § 208. 47 U.S.C. §§ 751-757 (Maritime Satellite Act or Inmarsat Act). COMSAT also refers to the Inmarsat Convention, the Inmarsat Operating
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- by the Commission. Lilley has not, however, presented sufficient grounds to show that dismissal without prejudice would serve the public interest. We therefore dismiss the complaint with prejudice. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i) and (4(j) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the motion to dismiss the above captioned complaint without prejudice, filed by Pamela A. Lilley on August 30, 2000, IS GRANTED to the extent indicated herein and IS OTHERWISE DENIED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS
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- operations, which typically have been subject to forfeitures of approximately $10,000. Taking these facts into consideration and all of the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 is warranted. IV. Ordering Clauses 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Ford is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 22.3 of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the Act,
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- operations, which typically have been subject to forfeitures of approximately $10,000. Taking these facts into consideration and all of the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 is warranted. IV. Ordering Clauses 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules Page-Comm is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 22.3 of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the Act,
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- operations, which typically have been subject to forfeitures of approximately $10,000. Taking these facts into consideration and all of the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 is warranted. IV. Ordering Clauses 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules Ohio Bell is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 22.3 of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the
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- operations, which typically have been subject to forfeitures of approximately $10,000. Taking these facts into consideration and all of the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 is warranted. IV. Ordering Clauses 7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Star Communications is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 22.3 of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the
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- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 202(a), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 202(a), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the joint motion to dismiss the above-captioned complaint with prejudice IS GRANTED. 5. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission
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- disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the joint motion to dismiss the above-captioned complaint with prejudice IS GRANTED. 5. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission
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- Gaffney Broadcasting, Inc., 23 FCC 2d 912, 913 (1970), citing Eleven Ten Broadcasting Corp., 33 FCC 706 (1962). In sum, we believe that the nature of the apparent violation requires the imposition of the base monetary forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Clear Channel Broadcasting Licenses, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand dollars ($4,000.00) for violating Section 73.1206 of the Commission's rules, which prohibits broadcasters from airing telephone conversations without first informing the parties to such conversations of their intention to do so. 7.
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaints ARE DISMISSED WITH PREJUDICE and that these proceedings ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar, Deputy Chief Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-2723
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- Forfeiture Guidelines set a base forfeiture amount of $7,000 for transmission of indecent/obscene materials. After considering all the facts and circumstances, we believe the base forfeiture amount is the appropriate sanction and that neither an upward nor downward adjustment should be made. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to section 503(b) of the Act, and sections 0.111, 0.311 and 1.80 of the Commission's rules, CBS Radio License, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating the 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules. 12. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the Commission's rules, within thirty
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceedings IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar, Deputy Chief Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-2731
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- Telemundo apparently twice exceeded the commercial limits established in Section 73.670 during the relatively short period covered by the Bureau investigation. Under these circumstances, we believe a forfeiture in the amount of $16,000 is appropriate. IV. Ordering Clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that TELEMUNDO OF PUERTO RICO LICENSE CORP. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of sixteen thousand dollars ($16,000) for willfully and repeatedly violating Section 73.670 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's
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- comparable to ``pirate'' wireless operations, which typically have been subject to forfeitures of approximately $10,000. Taking into consideration all of the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $6,000 is warranted. Ordering Clauses 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Commercial Radio is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $6,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 1.903(a) of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the
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- to pay, Skywave has submitted financial data for 1997 through 1999, and has requested that we keep its financial information confidential. After reviewing the financial data submitted, we find no evidence in Skywave's response that would support a reduction of the forfeiture amount. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Skywave Electronics, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount $7,000 for violating the provisions of Section 302 of the Act and Section 2.907 of the Rules, which require radio frequency devices to be properly authorized, identified, and labeled in accordance with the Commission's Rules prior to their sale, offer for sale,
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- operations, which typically have been subject to forfeitures of approximately $10,000. Taking these facts into consideration in conjunction with the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we conclude that a forfeiture of $5,000 is warranted. IV. Ordering Clauses 6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules Checkpoint is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $5,000 for violation of Section 301 of the Communications Act of 1934, as amended, and Section 1.903(a) of the Commission's Rules. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2)(D) of the Act
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- occurred. Licensees are expected to know and comply with the Commission's Rules, and will not be excused for violations thereof, absent clear mitigating circumstances. GNOTS Reserve has not presented any mitigating circumstances that would warrant reducing or eliminating the forfeiture. 7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, GNOTS Reserve, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for violating Section 80.373(f) of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) days of the release of this Order. If the forfeiture is
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- prior adjudicated FCC-related misconduct by Fisher. In addition, we have taken into account the sanctions handed down against other similarly situated licensees. On balance, we believe a forfeiture in the amount of $25,000 is appropriate. IV. Ordering Clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that FISHER BROADCASTING, INC. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for willfully and repeatedly violating Section 73.670 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within
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- terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating this proceeding. 5. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C §§ 154(i) and 154(j), and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, 47 C.F.R. §§ 0.111 and 0.311, that the attached Consent Decree is hereby ADOPTED. 6. IT IS FURTHER ORDERED that the above captioned forfeiture proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 C.F. R. Sections 97.101(a), 97.101(d), 97.113(a)(4), 97.119(a). Notice of Apparent Liability, NAL/Acct. No. 915PA0007, released March 10,
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- not clear to the Networks, and certainly not clear to stations that broadcast network programming (particularly those that are not owned by the Networks). Accordingly, for the reasons set forth above, we will not take any further enforcement action in response to NORML's complaint and we consider this matter closed. This action is taken under delegated authority pursuant to Sections 0.111 and 0.311 of the Commission's Rules, 47 C.F.R. §§ 0.111, 0.311. Sincerely, David H. Solomon Chief, Enforcement Bureau cc: Mr. Franco Garcia, Executive Counsel, Corporate Legal Affairs, ABC, Inc. Mr. Martin D. Franks, Executive Vice President, CBS Ms. Diane Zipursky, Vice President, Washington Law and Policy, NBC, Inc. John C. Quale, Counsel for Fox Broadcasting Company, Inc. Christopher G. Wood,
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaints ARE DISMISSED WITH PREJUDICE and that these proceedings ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar, Deputy Chief Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-2901
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- of disputes and by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Dismiss With Prejudice IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar, Deputy Chief Market Disputes Resolution Division Enforcement Bureau Federal Communications Commission DA 00-2902
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- Field Office issued a Notice of Apparent Liability for Forfeiture in the amount of seven thousand dollars ($7,000) to Stephen Fowler d/b/a Exports R Us. Stephen Fowler d/b/a Exports R Us has not filed a response. Based on the information before us, we affirm the forfeiture. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Stephen Fowler d/b/a Exports R Us, IS LIABLE FOR A MONETARY FORFEITURE in the amount $7,000, for willful violations of Sections 2.803 and 2.815 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
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- His belated attempt to renew his request for an interview, more than two years after failing to follow through on his initial request and after an NAL has issued, is moot with respect to the issue of whether a forfeiture should be assessed. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and sections 0.111, 0.311, and 1.80 of the Rules, Leslie D. Brewer, d/b/a L.D. Brewer's 2-Way Radio, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willful violations of Sections 2.803(a)(1) and 15.201(b) of the Rules, requiring authorization from the Commission prior to the marketing of radio frequency devices. 10. Payment of the forfeiture shall be made in the manner
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- factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Natchez has failed to provide a sufficient justification for canceling the proposed forfeiture amount, but has provided justification for reducing it to $5,000. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Natchez Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for the willful violation of Section 73.1213(b) of the Rules setting forth the painting and lighting requirements for radio towers. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
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- to $2,000. Conclusion and Ordering Clauses 4. ACCORDINGLY, IT IS ORDERED, that WTTW's request for reduction or rescission filed January 2, 1998 IS GRANTED to the extent that we approve a reduction of the proposed forfeiture amount from $5,000 to $2,000. 5. IT IS FURTHER ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Window to the World Communications, Inc., licensee of noncommercial educational television station WTTW (TV), Chicago, Illinois, shall FORFEIT to the United States the sum of Two Thousand Dollars ($2,000), for willfully and repeatedly violating Section 399B of the Communications Act of 1934, as amended, 47 U.S.C. Sec. 399b, and Section 73.621(e) of the
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- our letter of inquiry, including its description of its policies and procedures concerning compliance with Section 73.1206, and we do not find any basis for either increasing or decreasing the forfeiture from the base forfeiture amount. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that Infinity Broadcasting Corp. of Washington, D.C. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for willfully violating Section 73.1206 of the Commission's rules, 47 C.F.R. § 73.1206. IT IS FURTHER ORDERED, pursuant to Section 1.80 of
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- We believe that the clear nature of the violations and Noble's decision to replay the conversation in November 1999 without giving prior notification to Ms. Moore make a forfeiture the appropriate enforcement action in this case. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that Noble Broadcast Licenses, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 73.1206 of the Commission's rules, 47 C.F.R. § 73.1206. IT IS FURTHER ORDERED, pursuant to Section 1.80 of
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- technical deficiencies and, therefore, did not jeopardize the safety of life. 11. Taking into account all of the factors required by the Policy Statement and Section 1.80 of the Rules including but not limited to those discussed above, we conclude that the appropriate forfeiture amount is $10,000. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 364(a) of the Act, Sections 0.111, 0.311 and 1.80 of the Rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, and the Commission's Policy Statement, Sealand Services, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for the willful violation of Section 362(b) of the Act and Section 80.1067(a) of the Rules. 12. Payment of the forfeiture shall be made in the manner provided
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- that it has no financial resources does not support a reduction of the forfeiture because ABEF has not provided any evidence upon which we can reasonably assess its ability to pay. See Forfeiture Policy Statement, supra note 5, 12 FCC Rcd at 17106-07. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, American Broadcasting Educational Foundation IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully and repeatedly violating the provisions of Section 73.1125 of the Commission's rules, which require maintenance of adequate staffing at a broadcast station's main studio. 9. IT IS FURTHER ORDERED THAT, the forfeiture proposed
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- provide financial information upon which we can make a determination as to its ability to pay the forfeiture, we must deny the request for reduction. See Liability of Maccau Traders , Inc., 13 FCC Rcd 228 (1998). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, KXLE, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for violating Section 11.35 of the Rules requiring that a broadcast station's EAS equipment be kept operational. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30 days
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- of those authorizations on April 7, 1999. On April 23, 1999, the Commission's staff returned those applications to Pampa as defective. Pampa refiled the applications on May 28, 1999, and the Commission's staff granted them on September 20, 1999. 4. On November 4, 1999, WTB, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80 of the Rules, issued the referenced NAL in the amount of two thousand dollars ($2,000) to Pampa for the late filing of its license renewal applications. 5. On December 6, 1999, the FCC received Pampa's response to the NAL. In that response, Pampa asserted, among other arguments, that it requested application forms from the Commission on March
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- NAL pursuant to the statutory factors above, and in conjunction with the Policy Statement. As a result of our review, we conclude that Western has failed to provide a sufficient justification for canceling or reducing the forfeiture amount. Therefore, we affirm the forfeiture amount of $6,000. 12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Sections 0.111, 0.311 and 1.80 of the Rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, and the Commission's Policy Statement, Western Communications Paging, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,000 for the willful violation of Section 22.565 of the Rules, which prohobits operation excessive power. 13. Payment of the forfeiture shall be made in the manner provided
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- FCC 2d 289, 291 (Broadcast Bureau 1977), citing Executive Broadcasting Corp., 3 FCC 2d 699 (1966). Considering the records as a whole, we believe that a $10,000 forfeiture is appropriate for the violations in this case. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that WS Communications, L.L.C. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 73.3526 of the Commission's rules, 47 C.F.R. § 73.3526. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the
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- further enforcement action. Rather, the application or request for program test authority or STA must be granted or WBC must terminate all unauthorized operation of Station WRHC. Otherwise, WBC risks loss of the license for Station WRHC as well as additional forfeiture penalties. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, WRHC Broadcasting Corp. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-two thousand five hundred dollars ($22,500) for violating the terms and conditions of its license and the Commission's rules requiring operation within the parameters set forth in the license, and requiring express permission prior to a
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- select and reach agreements with programmers prior to December 15, 1999. Finally, none of the circumstances EchoStar has presented to us support mitigation of the forfeiture. Accordingly, we find EchoStar apparently liable for an $11,000 forfeiture. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that EchoStar Satellite Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of eleven thousand dollars ($11,000) for willfully violating Section 335 of the Communications Act of 1934, as amended, 47 U.S.C. § 335, and Section 100.5(c) of the Commission's rules, 47
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- service of the NALs that were issued and mailed to them prior to the expiration of the statute of limitations, CSBDA and Westall cannot now claim that the NALs fail because they were not issued within the timeframe established by 47 U.S.C. 503(b)(6)(B). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Colorado Small Business Development Association, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount $10,000, and Westall Communications, d/b/a M.T.W. IS LIABLE FOR A MONETARY FORFEITURE in the amount $12,000, for violating the provisions of the Communications Act and the Commission's Rules requiring that radio transmitters be operated in accordance with a
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- equipment. On October 29, 1999, the Commission's Philadelphia, Pennsylvania Field Office issued a Notice of Apparent Liability (``NAL'') for Forfeiture in the amount of twenty thousand dollars (20,000). Kel-Comm Broadcasting Inc. has not filed a response. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and sections 0.111, 0.311 and 1.80 of the Rules, Kel-Comm Broadcasting Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount $20,000, for willful and repeated violations of Section 303(q) of the Act, and Sections 1.89, 11.15, 11.35, 11.41, 17.4, 17.21, and 17.50 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- equipment. On October 29, 1999, the Commission's Philadelphia, Pennsylvania Field Office issued a Notice of Apparent Liability (``NAL'') for Forfeiture in the amount of twenty thousand dollars ($20,000). Mar-Comm Broadcasting Inc. has not filed a response. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,2 and Sections 0.111, 0.311 and 1.80 of the Rules,3 Mar-Comm Broadcasting Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount $20,000, for willful and repeated violations of Section 303(q) of the Act, and Sections 1.89, 11.15, 11.35, 11.41, 17.4, 17.21, 17.50 and 17.56(a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80
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- Office, issued a Notice of Apparent Liability (``NAL'') for a monetary forfeiture in the amount of $14,000. Willis Broadcasting has not filed a response. Based on the information before us, we affirm this forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, Willis Broadcasting IS LIABLE FOR A MONETARY FORFEITURE in the amount of $14,000 for willful and repeated violations of Sections 73.1213(b) and 1.89(b) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, 47 C.F.R.
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- 1999, the Wireless Telecommunications Bureau issued a Notice of Apparent Liability (``NAL'') for a monetary forfeiture in the amount of five thousand dollars ($5,000). Simon Property has not filed a response. Based on the information before us, we affirm this forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, Simon Property IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for willful and repeated violations of Section 301 of the Communications Act of 1934, as amended, former Section 90.113 of the Commission's Rules and Section 1.903 of the Commission's Rules. 4.
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- terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating this proceeding. 6. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C §§ 154(i) and 154(j), and the authority delegated in Sections 0.111 and 0.311of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the attached Consent Decree is hereby ADOPTED. 7. IT IS FURTHER ORDERED that the above captioned forfeiture proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau See also 47 C.F.R. § 73.3540. 12 FCC Rcd 17087 (1997), recon. denied, FCC 99-407, released December 28, 1999.
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- issuance of the NAL, on November 9, 1999, and February 14, 2000, FCC agents again detected apparent operation by Sunjet on an unauthorized frequency, without station identification. Those apparent violations are not addressed here. Further violations may lead to revocation of Sunjet's license. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Sunjet Car Service, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand ($7,000) for the repeated and willful violation of Sections 1.903 and 90.135 of the Rules concerning unauthorized operation and Section 90.425(a) of the Rules which sets forth the identification requirements. 16. Payment of the forfeiture shall be made
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- Office issued a Notice of Apparent Liability (``NAL'') for a monetary forfeiture in the amount of $12,000. Willis Broadcasting Corporation has not filed a response. Based on the information before us, we affirm this forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Rules, 47 C.F.R. §§ 0.111, 0.311, and 1.80, Willis Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,000 for willful and repeated violations of Sections 11.35(a) and 1.89(b) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within
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- and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Two Way has failed to justify cancellation or reduction of the proposed forfeiture amount. Therefore, we affirm the forfeiture of seven thousand dollars ($7,000). IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the Two Way Shop, IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand ($7,000) for the repeated and willful violation of Section 302 of the Act, which prohibits the sale or offer for sale of transmitting equipment not in compliance with the FCC rules, and Sections 2.803 and 2.815 of the
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- above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that KNFL has failed to justify cancellation or reduction of the proposed forfeiture amount. Therefore, we affirm the forfeiture of sixteen thousand dollars ($16,000). IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, KNFL, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of sixteen thousand ($16,000) for the repeated and willful violation of Section 301 of the Act, which prohibits unlicensed radio operation. 14 Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30)
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- efforts to make the rules available to the public. We believe these efforts mitigate the violation. Based upon our review of all the pertinent factors as required by Section 503(b)(2)(D) of the Act, we believe a $2,000 forfeiture is appropriate. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, AK Media Group, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of two thousand dollars ($2,000) for willfully and repeatedly violating Section 73.1216 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days of the release of this
- http://www.fcc.gov/eb/Orders/da00898.doc http://www.fcc.gov/eb/Orders/da00898.txt
- principles regarding its verification mechanisms and procedures for its independent representatives, as well as certain other pro-consumer steps and commitments, we believe that the public interest would be served by approving the Consent Decree and terminating the investigation. Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act, 47 U.S.C. § 154(i), and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the attached Consent Decree IS ADOPTED. IT IS FURTHER ORDERED that the above-captioned case as well as the Commission staff inquiry into the matter described herein ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau (continued....) Federal Communications Commission Federal Communications Commission DA 00-898
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- forfeitures, as provided by SBREFA. See Jerry Szoka, 14 FCC Rcd 9857, 9866 (1999), recon. denied 14 FCC Rcd 20147 (1999). Using this guidance, we do not find that Callcomm is entitled to a further reduction or cancellation of the forfeiture amount. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Callcomm Repeater Association IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 301 of the Act and former Section 90.113 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within
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- forfeitures, as provided by SBREFA. See Jerry Szoka, 14 FCC Rcd 9857, 9866 (1999), recon. denied 14 FCC Rcd 20147 (1999). Using this guidance, we do not find that Callcom is entitled to a further reduction or cancellation of the forfeiture amount. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Callcom, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for willfully and repeatedly violating Section 301 of the Act and former Section 90.113 of the Rules. 13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, within 30
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- above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Arvada has failed to justify cancellation or reduction of the proposed forfeiture amount. Therefore, we affirm the forfeiture of four thousand dollars ($4,000). IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Arvada Excavating Company, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for the repeated and willful violation of Section 301 of the Act and former Section 90.113 of the Rules, which prohibit unauthorized operation. 14. Payment of the forfeiture shall be made in the manner provided for
- http://www.fcc.gov/eb/Orders/da00940.doc http://www.fcc.gov/eb/Orders/da00940.txt
- Upon review of the particular circumstances in this case, and in accordance with the discretion afforded to the Commission by Section 504(b) of the Act, and implemented by Section 1.80(i) of the Rules, we have determined that rescission of the forfeiture is warranted. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, pursuant to Section 504(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the Rules, that the forfeiture issued against County of Surry IS RESCINDED. 7. IT IS FURTHER ORDERED that, a copy of this Order shall be sent by Certified Mail Return Receipt Requested to the County of Surry, and its counsel, Fred J. Folger, at Folger & Folger, 129 Moore Avenue, P.O. Box 428, Mount Airy, North
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- duration of Bay's violations, when coupled with its culpability, offset Bay's overall history and market situation. Further, neither Bay's small business status nor its asserted inability to pay warrants reduction or cancellation of the forfeiture. The forfeiture is appropriate and should be imposed. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, Bay Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of nineteen thousand dollars ($19,000). The forfeiture is imposed for willful and repeated violations of Section 301 of the Act and Sections 73.1201, 73.1675, 73.1690 and 74.1251 of the Commission's rules. Among other things, those provisions proscribe operation of unlicensed transmitters;
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- the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.'' After reviewing all of the circumstances, we believe a $7,000 forfeiture appears to be appropriate in this case. IV. Ordering Clauses 10. ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, that Three Eagles of Columbus, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seven thousand dollars ($7,000) for willfully violating Section 503(b)(1)(D) of the Communications Act of 1934, as amended, and Section 73.3999 of the Commission's rules. 11. IT IS FURTHER ORDERED, pursuant to Section 1.80 of
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- that it had consummated the assignments. Champion's authorizations expired on April 1, 1999. Champion, however, did not file applications for the renewal of those authorizations until June 3, 1999. WTB granted the late-filed renewal applications on September 20, 1999. 4. On November 4, 1999, WTB, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80 of the Rules, issued the referenced NAL in the amount of three thousand dollars ($3,000) to Champion for the late filing of its license renewal applications. 5. On December 6, 1999, the FCC received Champion's response to the NAL. In that response, Champion argues that its failure to file timely renewal applications was not willful because it
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- the statutory factors above, and in conjunction with the Policy Statement. As a result of our review, we conclude that Mr. Holcombe has failed to justify cancellation or reduction of the proposed forfeiture. Therefore, we affirm the forfeiture of eight thousand dollars ($8,000). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Paul E. Holcombe, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and malicious interference to radio communications in violation of Section 333 of the Act and Section 97.101(d) of the Rules and for transmitting unidentified amateur radio communications in violation of Section 97.119 of the
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- the statutory factors above, and in conjunction with the Policy Statement. As a result of our review, we conclude that Mr. Meyers has failed to justify cancellation or reduction of the proposed forfeiture. Therefore, we affirm the forfeiture of eight thousand dollars ($8,000). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Robert L. Meyers, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000) for willful and malicious interference to radio communications in violation of Section 333 of the Act and Section 97.101(d) of the Rules and for transmitting unidentified amateur radio communications in violation of Section 97.119 of the
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- and we see no reason to await issuance of the guidelines before imposing the forfeiture order in this case. In the absence of any substantive response to our NAL, we impose a forfeiture for the full amount originally proposed. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's rules, Citicasters Co. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-three thousand dollars ($23,000) for willfully and repeatedly violating 18 U.S.C. § 1464. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's rules within 30 days of the release of this Forfeiture
- http://www.fcc.gov/eb/Public_Notices/DA-02-293A1.html
- complaints, this period was previously waived for this group of complainants.5 By separate order issued on February 5, 2002, the Enforcement Bureau has extended that filing period to September 9, 2002.6 Please direct all questions to Bureau staff at: EUCLQUIK@fcc.gov. This Notice is issued pursuant to section 4(i) and 4(j) of the Act, 47 U.S.C. 154(i) and 154(j), and rules 0.111, 0.311, 47 C.F.R. 0.111, 0.311. By Suzanne Tetreault, Associate Chief, Enforcement Bureau. -FCC- _________________________ 1 47 C.F.R. 1.718. 2 See Enforcement Bureau Staff to Convene Meeting to Discuss Procedures for Resolving End User Common Line Informal Complaints, Public Notice, 16 FCC Rcd 9373 (MDRD 2001); Summary of Enforcement Bureau's Multi-Party Initial Meeting Regarding Procedures for Resolving End User Common Line
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- in: (1) ECFS, the Commission's electronic filing system; or (2) EDOCs, the electronic database containing prior orders, public notices inviting comments and replies, or other matters posted by the Commission. This Public Notice does not affect the non-audit related accounting safeguards issues under the delegated authority of the Wireline Competition Bureau (WCB). This action is taken pursuant to 47 C.F.R. 0.111(a)(15), 53.209(d), 53.211(e)(3), and 53.213(c)-(d). Contact Information For questions concerning this Public Notice, contact Ernestine Creech of the Investigations and Hearings Division at (202) 418-0820. By the Chief Auditor, Investigations and Hearings Division, Enforcement Bureau. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2871A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2871A1.doc 3. http://www.fcc.gov/ 4. ftp://ftp.fcc.gov/
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- in: (1) ECFS, the Commission's electronic filing system; or (2) EDOCs, the electronic database containing prior orders, public notices inviting comments and replies, or other matters posted by the Commission. This Public Notice does not affect the non-audit related accounting safeguards issues under the delegated authority of the Wireline Competition Bureau (WCB). This action is taken pursuant to 47 C.F.R. 0.111(a)(15), 53.209(d), 53.211(e)(3), and 53.213(c)-(d). Contact Information For questions concerning this Public Notice, contact Ernestine Creech of the Investigations and Hearings Division at (202) 418-0820. By the Chief Auditor, Investigations and Hearings Division, Enforcement Bureau. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2872A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2872A1.doc 3. http://www.fcc.gov/ 4. ftp://ftp.fcc.gov/
- http://www.fcc.gov/eb/Public_Notices/DA-03-2873A1.html
- in: (1) ECFS, the Commission's electronic filing system; or (2) EDOCs, the electronic database containing prior orders, public notices inviting comments and replies, or other matters posted by the Commission. This Public Notice does not affect the non-audit related accounting safeguards issues under the delegated authority of the Wireline Competition Bureau (WCB). This action is taken pursuant to 47 C.F.R. 0.111(a)(15), 53.209(d), 53.211(e)(3), and 53.213(c)-(d). Contact Information For questions concerning this Public Notice, contact Ernestine Creech of the Investigations and Hearings Division at (202) 418-0820. By the Chief Auditor, Investigations and Hearings Division, Enforcement Bureau. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2873A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2873A1.doc 3. http://www.fcc.gov/ 4. ftp://ftp.fcc.gov/
- http://www.fcc.gov/eb/Public_Notices/DA-03-2874A1.html
- in: (1) ECFS, the Commission's electronic filing system; or (2) EDOCs, the electronic database containing prior orders, public notices inviting comments and replies, or other matters posted by the Commission. This Public Notice does not affect the non-audit related accounting safeguards issues under the delegated authority of the Wireline Competition Bureau (WCB). This action is taken pursuant to 47 C.F.R. 0.111(a)(15), 53.209(d), 53.211(e)(3), and 53.213(c)-(d). Contact Information For questions concerning this Public Notice, contact Ernestine Creech of the Investigations and Hearings Division, Enforcement Bureau at (202) 418-0820. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2873A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2873A1.doc 3. http://www.fcc.gov/ 4. ftp://ftp.fcc.gov/
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- of the Commission's Rules. Process to Update International Bureau Records 6. The International Bureau believes it is necessary for carriers to timely file for and receive proper authorizations and licenses and to be otherwise in compliance with all applicable rules and policies. To that end, the International Bureau announces a 90-day period after which, pursuant to its authority under Sections 0.111 and 0.311 of the Commission's rules, it will refer to the Enforcement Bureau for appropriate enforcement action any carrier that is providing international telecommunications services or operator operating international telecommunications facilities without first receiving proper authorizations from the Commission under Section 214 of the Communications Act and Sections 34-39 of the Submarine Cable Landing License Act, respectively. The Enforcement Bureau
- http://www.fcc.gov/eb/mdrd/rules/1730.html
- actions taken or omissions made in reliance on this rule. We recommend that you check the accuracy of the rule below at another source, such as the web site of the Government Printing Office, [1]http://www.gpoaccess.gov/index.html. Sec. 1.730 The Enforcement Bureau's Accelerated Docket. (a) Parties to formal complaint proceedings against common carriers within the responsibility of the Enforcement Bureau (see Secs. 0.111, 0.311, 0.314 of this chapter) may request inclusion on the Bureau's Accelerated Docket. As set out in Secs. 1.720 through 1.736, proceedings on the Accelerated Docket are subject to shorter pleading deadlines and certain other procedural rules that do not apply to other formal complaint proceedings before the Enforcement Bureau. (b) Any party that contemplates filing a formal complaint may
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- 47 U.S.C. 303(n) Both Section 303(n) of the Act, and the Rules which implement the Act, grant the right to inspect most radio operations to the Commission, and by delegated authority to the Commission's Bureaus and agents. The Enforcement Bureau conducts inspections of radio installations as part of the Bureau's function to "[e]nforce the Commission's Rules and Regulations." 47 CFR 0.111(a). Both licensees and non-licensees must allow an FCC Agent to inspect their radio equipment. Along with the privilege of possessing a license come responsibilities such as knowing the applicable rules, including allowing the station to be inspected. Licensees should be aware of the Commission's right to inspect. Equally important, FCC Agents are allowed to inspect the radio equipment of non-licensees.
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- a forfeiture of $2,000 as the base amount for violation of the enhanced underwriting requirements. In this case, we believe that a forfeiture of $1,000 is appropriate due to the prior unblemished enforcement record of the licensee. IV. Ordering Clauses 9. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Southern Rhode Island Public Radio Broadcasting, Inc., licensee, noncommercial educational Station WBLQ(FM), Westerly, Rhode Island, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of One Thousand Dollars ($1,000.00) for willfully and repeatedly violating 47 U.S.C. Section 399b and Section 73.503 of the Commission's rules. 10. IT IS FURTHER ORDERED,
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- to be more egregious than the typical case in that Citicasters' disc jockeys apparently broke Ms. Sage's answering machine code in order to access the recorded conversation, we are adjusting the proposed forfeiture up to $6,000. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that Citicasters Co. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of six thousand dollars ($6,000) for willfully violating Section 73.1206 of the Commission's rules, 47 C.F.R. § 73.1206. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that
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- the NAL pursuant to the statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Kona Koast has failed to provide a sufficient justification for canceling or mitigating the proposed forfeiture amount. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Kona Koast Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10 ,000 for the willful violation of Section 73.1213(b) of the Rules setting forth the painting and lighting requirements for radio towers. 11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
- http://www.fcc.gov/fcc-bin/audio/DA-00-2164A1.doc http://www.fcc.gov/fcc-bin/audio/DA-00-2164A1.pdf http://www.fcc.gov/fcc-bin/audio/DA-00-2164A1.txt
- FCC 2d 289, 291 (Broadcast Bureau 1977), citing Executive Broadcasting Corp., 3 FCC 2d 699 (1966). Considering the record as a whole, we believe that a $10,000 forfeiture is appropriate for the violations in this case. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that Riverside Broadcasting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 73.3526 of the Commission's rules, 47 C.F.R. § 73.3526. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the
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- forfeiture amount of $4,000 for a violation of Section 73.1216 of the rules. In this case, based upon our review of all the pertinent factors as required by Section 503(b)(2)(D) of the Act, we believe a $4,000 forfeiture is appropriate. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Clear Channel Broadcasting Licenses, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for willfully violating Section 73.1216 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days of the release of this Notice,
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- factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Natchez has failed to provide a sufficient justification for canceling the proposed forfeiture amount, but has provided justification for reducing it to $5,000. IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Natchez Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for the willful violation of Section 73.1213(b) of the Rules setting forth the painting and lighting requirements for radio towers. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within
- http://www.fcc.gov/fcc-bin/audio/DA-00-511A1.pdf
- to $2,000. Conclusion and Ordering Clauses 4. ACCORDINGLY, IT IS ORDERED, that WTTW's request for reduction or rescission filed January 2, 1998 IS GRANTED to the extent that we approve a reduction of the proposed forfeiture amount from $5,000 to $2,000. 5. IT IS FURTHER ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Window to the World Communications, Inc., licensee of noncommercial educational television station WTTW (TV), Chicago, Illinois, shall FORFEIT to the United States the sum of Two Thousand Dollars ($2,000), for willfully and repeatedly violating Section 399B of the Communications Act of 1934, as amended, 47 U.S.C. Sec. 399b, and Section 73.621(e) of the
- http://www.fcc.gov/fcc-bin/audio/DA-00-516A1.doc http://www.fcc.gov/fcc-bin/audio/DA-00-516A1.pdf http://www.fcc.gov/fcc-bin/audio/DA-00-516A1.txt
- our letter of inquiry, including its description of its policies and procedures concerning compliance with Section 73.1206, and we do not find any basis for either increasing or decreasing the forfeiture from the base forfeiture amount. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, that Infinity Broadcasting Corp. of Washington, D.C. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for willfully violating Section 73.1206 of the Commission's rules, 47 C.F.R. § 73.1206. IT IS FURTHER ORDERED, pursuant to Section 1.80 of
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- equipment. On October 29, 1999, the Commission's Philadelphia, Pennsylvania Field Office issued a Notice of Apparent Liability (``NAL'') for Forfeiture in the amount of twenty thousand dollars (20,000). Kel-Comm Broadcasting Inc. has not filed a response. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and sections 0.111, 0.311 and 1.80 of the Rules, Kel-Comm Broadcasting Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount $20,000, for willful and repeated violations of Section 303(q) of the Act, and Sections 1.89, 11.15, 11.35, 11.41, 17.4, 17.21, and 17.50 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of
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- above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that KNFL has failed to justify cancellation or reduction of the proposed forfeiture amount. Therefore, we affirm the forfeiture of sixteen thousand dollars ($16,000). IV. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, KNFL, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of sixteen thousand ($16,000) for the repeated and willful violation of Section 301 of the Act, which prohibits unlicensed radio operation. 14 Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30)
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- efforts to make the rules available to the public. We believe these efforts mitigate the violation. Based upon our review of all the pertinent factors as required by Section 503(b)(2)(D) of the Act, we believe a $2,000 forfeiture is appropriate. Ordering clauses ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, AK Media Group, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of two thousand dollars ($2,000) for willfully and repeatedly violating Section 73.1216 of the Commission's rules. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's rules, that within thirty days of the release of this
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- substantive standpoint, while we do not accept most of Minority's contentions, we do not find that the licensee has presented facts or legal arguments in a manner lacking good-faith or inconsistent with its right to advocate its views. IV. Ordering Clauses 33. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, that Minority Television Project, Inc., licensee of noncommercial educational television station KMTP-TV, San Francisco, California, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of Ten Thousand Dollars ($10,000.00) for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. § 399b, and Section
- http://www.fcc.gov/fcc-bin/audio/DA-02-2336A1.doc http://www.fcc.gov/fcc-bin/audio/DA-02-2336A1.pdf
- some reduction of the forfeiture amount is appropriate because AFA disclosed to Commission staff in February 2002 that it was operating KBKC as a satellite station without a waiver of the main studio rule. Accordingly, we reduce the forfeiture from $7,000 to $5,000. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, American Family Association IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for willful violation of Section 73.1125 of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
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- in conjunction with the Policy Statement as well. As a result of our review, we conclude that Mr. Muņoz willfully and repeatedly violated Section 301 of the Act and that he has provided no basis for rescission or reduction of the $10,000 forfeiture. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Richard Muņoz IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order.
- http://www.fcc.gov/fcc-bin/audio/DA-03-1033A1.doc http://www.fcc.gov/fcc-bin/audio/DA-03-1033A1.pdf
- the Policy Statement as well. As a result of our review, we conclude that Monroe willfully and repeatedly violated Sections 73.44(b), 73.1201(a)(2) and 73.1745(a) of the Rules, and we find no basis to rescind or reduce the $9,000 forfeiture proposed for these violations. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Monroe Area Broadcasters, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of nine thousand dollars ($9,000) for willful and repeated violations of Sections 73.44(b), 73.1201(a)(2) and 73.1745(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of
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- the Commission's Tampa, Florida Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Ebanks. Mr. Ebanks has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''), Omar A. Ebanks IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the
- http://www.fcc.gov/fcc-bin/audio/DA-03-1513A1.doc http://www.fcc.gov/fcc-bin/audio/DA-03-1513A1.pdf
- York, New York Field Office (``New York Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Charles. Mr. Charles has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''), Rawlins Charles IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
- http://www.fcc.gov/fcc-bin/audio/DA-03-1535A1.doc http://www.fcc.gov/fcc-bin/audio/DA-03-1535A1.pdf
- York, New York Field Office (``New York Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mr. Alejandro. Mr. Alejandro has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules (``Rules''), Fernando Alejandro IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
- http://www.fcc.gov/fcc-bin/audio/DA-03-2196A1.doc http://www.fcc.gov/fcc-bin/audio/DA-03-2196A1.pdf
- Act, evidence Congress' intent that the Commission have exclusive jurisdiction over RFI). 199 F.3d at 1192 (finding the Commission's regulations ``show its broad authority over RFI issues''). The Court noted that a function of the Commission's Compliance and Information Bureau, with assistance from the Wireless Telecommunications Bureau, is to ``[r]educe or eliminate interference to authorized communciations.'' See 47 C.F.R. §§ 0.111(e), 0.131(h). The Commission has promulgated rules to resolve interference disputes. See, e.g., 47 C.F.R. §§ 22.353, 24.237, 27.58, 90.173(b), 90.403(e). The Commission can assess a forfeiture for failure to comply with an FCC permit or license. See 47 C.F.R. § 1.80(a)(1), (b)(4) (suggested forfeiture amount for interference is $7,000 per violation). 199 F.3d at 1192 (citing 960 Radio and Mobilecomm).
- http://www.fcc.gov/fcc-bin/audio/DA-03-2217A1.doc http://www.fcc.gov/fcc-bin/audio/DA-03-2217A1.pdf
- the EAS rules to permit cable systems serving fewer than 5,000 subscribers to install FCC-certified decoder-only units, rather than both encoders and decoders, if such a device becomes available. Based on comments from equipment manufacturers, we anticipate that such a decoder-only system could result in significant cost savings to small cable systems. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Langco, Inc. IS GRANTED a waiver of Section 11.11(a) of the Rules until October 1, 2005 for the captioned cable television system. IT IS FURTHER ORDERED that Langco, Inc. place a copy of this waiver in its system file. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified
- http://www.fcc.gov/fcc-bin/audio/DA-03-363A1.doc http://www.fcc.gov/fcc-bin/audio/DA-03-363A1.pdf
- (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $7,000 to Marshall County. Marshall County has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Marshall County Radio Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 73.49 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
- http://www.fcc.gov/fcc-bin/audio/DA-04-1533A1.doc http://www.fcc.gov/fcc-bin/audio/DA-04-1533A1.pdf
- NAL pursuant to the statutory factors above, and in conjunction with the Policy Statement as well. As a result of our review, we conclude that Americom willfully and repeatedly violated Section 1.1310 of the Rules and that the appropriate forfeiture amount is $10,000. IV. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Americom IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for failing to comply with radio frequency radiation maximum permissible exposure limits applicable to transmitters on towers, in willful and repeated violation of Section 1.1310 of the Rules. Payment of the forfeiture shall be made in the manner provided
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- apply this definition to Section 503 of the Act as well as Section 312. See H.R. Rep. 97th Cong. 2d Sess. 51 (1982). See Southern California Broadcasting Company, 6 FCC Rcd 4387, 4388 (1991) and Western Wireless Corporation, 18 FCC Rcd 10319 at fn. 56 (2003). See Florida Power and Light Company, 17 FCC Rcd 7296 (2002). 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4). 47 U.S.C. § 504(a). See 47 C.F.R. § 1.1914. Federal Communications Commission DA 04-1600 Federal Communications Commission DA 04-1600 - 3 5 E G Ļ Č Ë Í û ū hZ @ū˙ $ Z ` Z Ķ
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- addition, we conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act'') and The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, that no reduction of the proposed forfeiture is warranted. ordering clauses Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Michael David Oaks IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willfully and repeatedly violating Section 301 of the Act. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this
- http://www.fcc.gov/fcc-bin/audio/DA-04-3838A1.doc http://www.fcc.gov/fcc-bin/audio/DA-04-3838A1.pdf
- the Commission's underwriting rules. We will not hesitate to take even stronger enforcement action against noncommercial educational licensees that engage in similarly egregious violations of our underwriting requirements. IV. ORDERING CLAUSES 11. In view of the foregoing, we conclude that a monetary sanction is appropriate. Accordingly, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311 and 1.80 of the Commission's rules, Christian Voice of Central Ohio, Inc., licensee of former noncommercial educational Station WCVZ(FM), South Zanesville, Ohio, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of $20,000 for willfully and repeatedly broadcasting advertisements in violation of section 399B of the Act, 47 U.S.C. § 399b, and section 73.503 of
- http://www.fcc.gov/fcc-bin/audio/DA-04-4023A1.doc http://www.fcc.gov/fcc-bin/audio/DA-04-4023A1.pdf
- the Forfeiture Policy Statement as well. As a result of our review, we conclude that Citadel willfully and repeatedly violated Sections 73.1125(a) and 73.3526 of the Rules and that neither cancellation nor further reduction of the proposed $9,000 monetary forfeiture is warranted. IV. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Citadel Radio, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of nine thousand dollars ($9,000) for willfully and repeatedly violating Sections 73.1125(a) and 73.3526 of the Rules. 14. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release
- http://www.fcc.gov/fcc-bin/audio/DA-06-606A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-606A1.pdf
- transmitters. On September 1, 2005, the Enforcement Bureau, Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $14,000 to Gibson. Gibson has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Gibson Tech Ed, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of fourteen thousand dollars ($14,000) for willfully and repeatedly violating Section 302(b) of the Act and Section 2.803(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30
- http://www.fcc.gov/fcc-bin/audio/DA-06-664A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-664A1.pdf
- that Alpine Broadcasting Limited Partnership willfully and repeated violated Section 73.1125 of the Rules. Considering the entire record and the factors listed above, we find that neither reduction nor cancellation of the proposed $7,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Alpine Broadcasting Limited Partnership IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 73.1125(a) of the Rules. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If
- http://www.fcc.gov/fcc-bin/audio/DA-08-1092A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1092A1.pdf
- a good overall prior compliance record, and because partial reduction is appropriate for excluding the announcement permissibly made on behalf of The School House, we will reduce the forfeiture amount proposed in the NAL from $20,000 to $9,000. IV. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, that Christian Voice of Central Ohio, Inc., licensee of then-noncommercial educational Station WCVZ(FM), South Zanesville, Ohio, FORFEIT to the United States the sum of Nine Thousand Dollars ($9,000) for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. § 399b, and Section 73.503(d) of the Commission's rules,
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- we conclude that our investigations raise no substantial or material questions of fact as to whether Beasley possesses the basic qualifications including, but not limited to, those related to character, to hold or obtain any Commission license or authorization. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Communications Act of 1934, as amended, and Sections 0.111 and 0.311 of the Commission's rules, the Consent Decree attached to this Order IS ADOPTED. IT IS FURTHER ORDERED that the above-described investigations ARE TERMINATED and the referenced Notice of Apparent Liability IS CANCELLED. IT IS FURTHER ORDERED that the third-party complaints against Station WQAM(AM) and WRXK-FM, and the informal objections against the renewal application for Station WQAM(AM) before the
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- for the full $3,000 amount for the failure to timely file the modification application and STA request, but reduce the proposed forfeiture for the unauthorized operation from the $10,000 base amount to $4,000. Thus, we propose a forfeiture in the total amount of $7,000. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, John L. White IS hereby NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for the willful and repeated violation of Section 301 of the Act and Sections 73.1350 and 73.1745 of the Rules and the willful violation of Section 73.1690 of the Rules. IT IS FURTHER
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- Inc.'s March 10, 2008, Petition for Reconsideration IS DENIED. IT IS FURTHER ORDERED that Alaska Educational Radio System, Inc. must either resume operations from its authorized Kasilof site or file an appropriate request for silent authority within thirty days of the release date of this Order. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules, Alaska Educational Radio System, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for the willful and repeated violation of Section 301 of the Act and Section 73.1350 of the Rules. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules, within
- http://www.fcc.gov/fcc-bin/audio/DA-09-49A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-49A1.pdf
- Policy Statement and the statutory factors to this case, we conclude that Independence is apparently liable for a forfeiture in the amount of two thousand five hundred dollars ($2,500) for willfully and repeatedly violating the Commission's underwriting rules. IV. ORDERING CLAUSES 11. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Independence Public Media of Philadelphia, Inc., licensee of noncommercial educational television Station WYBE(TV), Philadelphia, Pennsylvania, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand five hundred dollars ($2,500) for willfully and repeatedly broadcasting advertisements in violation of Section 399B of the Act, 47 U.S.C. § 399b
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- principal served as counsel for Brevard, Community or their boards. This argument does not warrant further discussion. Consent Decree. Petitioners' argument that the Commission granted Carus ``special treatment'' by entering into a Consent Decree is likewise meritless. In fact, consent decrees do not constitute ``special treatment'' but represent a tool the Commission commonly uses to efficiently resolve investigations. Indeed, Section 0.111 of the Rules expressly authorizes the Enforcement Bureau to enter into consent decrees, and Commission decisions about whether to enter into a consent decree are committed to the agency's nonreviewable discretion. Therefore, this argument fails. NCN Modification Applications. Finally, Petitioners argue that NCN's plan to move the Stations solely to link a translator network is not in the public interest.
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- to be due to a failure to control for unobserved effects that are correlated with LPFM entry. Table 23 Effect of LPFM Entry on the Revenue per Adult of Full-Service Commercial FM Stations with Particular Program Formats: Format Competition Miscellaneous Format Ethnic and Spanish Formats Religion Format Miscellaneous, Ethnic, and Religion Formats Contour Measure 0.175 (0.47) 0.085 (1.06) -0.171 (2.60)** -0.111 (1.25) Market Measure -0.003 (0.01) 0.057 (0.68) -0.100 (1.72) -0.085 (1.06) Contour/Market Measure 0.213 (0.52) 0.118 (1.18) -0.220 (2.82)** -0.125 (1.18) * - estimated regression coefficient is different from zero at the 95 percent level of confidence. ** - estimated regression coefficient is different from zero at the 99 percent level of confidence. The coefficient on the number of LPFM
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- Administrative Law Judge (or presiding officer if one has been designated) shall, at the earliest practicable date, issue an order reciting the events or circumstances constituting a waiver of hearing, terminating the hearing, and certifying the case to the Commission. See section 1.92(c) of the Commission's rules, 47 C.F.R. § 1.92(c). 8. IT IS FURTHER ORDERED THAT, pursuant to section 0.111(b) of the Commission's rules, 47 C.F.R. § 0.111(b), the Enforcement Bureau shall serve as trial staff in this proceeding. 9. IT IS FURTHER ORDERED THAT, pursuant to Section 312(d) of the Act, 47 U.S.C. § 312(d), and section 1.91(d) of the Commission's rules, 47 C.F.R. § 1.91(d), the burden of proceeding with the introduction of evidence and the burden of
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- In February 2000, WTB again informed Western that if the situation was not resolved, it ``may be subject to enforcement action by the Commission.'' Because the Commission has historically focused its environmental enforcement efforts on the kind of informal resolution attempted by WTB in this case, WTB and other licensing Bureaus have primary responsibility for environmental enforcement. 47 C.F.R. § 0.111(a)(11) Note. The rules also provide for referral of such matters from the licensing bureaus to EB upon mutual agreement of the Bureaus. Id., § 0.111(a)(14). We take this opportunity to state our strong support for an enforcement-oriented approach in the protection of the environment. We direct referrals to EB of violations by licensees or tower owners where appropriate and continued
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- ORDERED, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R. § 1.106, that the Petition for Reconsideration filed June 9, 2008, by Christian Voice of Central Ohio, Inc. IS DENIED, that the Enforcement Bureau's May 9, 2008, decision IS AFFIRMED. 12. IT IS FURTHER ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, that Christian Voice of Central Ohio, Inc., licensee of then-noncommercial educational Station WCVZ(FM), South Zanesville, Ohio, FORFEIT to the United States the sum of Nine Thousand Dollars ($9,000) within 20 days from the release date of this Memorandum Opinion and Order for willfully and repeatedly broadcasting advertisements in violation of Section 399B of
- http://www.fcc.gov/fcc-bin/audio/inspection.html
- 47 U.S.C. 303(n) Both Section 303(n) of the Act, and the Rules which implement the Act, grant the right to inspect most radio operations to the Commission, and by delegated authority to the Commission's Bureaus and agents. The Enforcement Bureau conducts inspections of radio installations as part of the Bureau's function to "[e]nforce the Commission's Rules and Regulations." 47 CFR 0.111(a). Both licensees and non-licensees must allow an FCC Agent to inspect their radio equipment. Along with the privilege of possessing a license come responsibilities such as knowing the applicable rules, including allowing the station to be inspected. Licensees should be aware of the Commission's right to inspect. Equally important, FCC Agents are allowed to inspect the radio equipment of non-licensees.
- http://www.fcc.gov/ib/sand/mniab/traffic/files05/CREPOR05.pdf
- Other Kenya $17,228,172 14.0 0.130.517.3 38.1 $854,312 0.0 0.0 1.110.8 88.1 $411 0.0 0.0 0.0 0.7 99.3 87,265,397 13.7 0.125.922.2 38.1 Lesotho $329,400 4.8 0.036.3 0.0 59.0 $17,233 0.0 0.0 0.0 0.0100.0 $1 0.0 0.0 0.0 0.0100.0 1,899,700 6.8 0.020.8 0.0 72.4 Liberia $7,043,471 10.9 0.033.9 3.7 51.5 $21,542 0.0 0.0 0.0 0.0100.0 $65 0.0 0.0 0.086.2 13.8 34,079,082 12.6 0.111.9 5.5 69.9 Libya $4,288,001 9.5 0.016.6 9.9 63.9 $181,331 0.0 0.0 0.0 0.0100.0 $437 0.0 0.0 0.0 0.0100.0 31,936,047 8.9 0.010.013.2 67.9 Madagascar $516,228 26.1 0.025.220.7 28.0 $11,312 0.0 0.0 0.0 0.0100.0 $238 0.0 0.0 0.0 0.0100.0 3,066,928 24.2 0.0 6.535.4 33.9 Malawi $1,264,736 20.4 0.0 6.237.1 36.3 $27,225 0.0 0.0 0.021.4 78.6 $237 0.0 0.0 0.0 0.0100.0 22,410,470 25.3
- http://www.fcc.gov/ib/sand/mniab/traffic/files06/CREPOR06.PDF
- 0.0 2.6 0.0 3.9 93.4 $45,822 0.0 0.0 0.0 0.0100.0 29,567,171 0.043.5 0.814.4 41.2 Togo $2,162,427 0.115.7 5.4 2.2 76.6 $419,239 0.0 0.0 0.0 0.0100.0 $4,457 0.0 0.0 0.0 0.0100.0 21,808,403 0.1 3.8 6.4 2.1 87.7 Tunisia $18,911,511 0.059.7 1.410.2 28.7 $472,505 0.0 7.5 0.0 0.0 92.5 $4,954 0.0 0.0 0.0 0.0100.0 94,789,114 0.048.7 1.716.2 33.4 Uganda $5,967,727 0.7 7.6 0.111.6 79.9 $196,100 0.0 0.0 0.0 1.8 98.2 $214,849 0.0 0.0 0.0 0.0100.0 60,032,865 0.4 4.5 0.112.6 82.3 Western Sahara $0 $0 $0 0 Zaire $8,381,230 0.010.2 0.3 0.0 89.6 $397,179 0.0 1.6 0.0 0.0 98.4 $2,602,044 0.0 0.0 0.0 0.0100.0 30,638,670 0.012.0 0.3 0.0 87.7 Zambia $4,861,900 0.014.2 2.146.6 37.1 $137,258 0.0 0.0 0.0 0.3 99.7 $313,945 0.0 0.0 0.0
- http://www.fcc.gov/ib/sand/mniab/traffic/files07/CREPOR07.PDF
- Supply, Inc. 2,614 16,028 1,493 0.000 Telecal Telecommunications, Inc 7,837,325 9,359,628 7,088,702 0.102 Telecom Argentina USA, Inc. 34,775,902 214,423,704 3,196,717 0.046 Telecom Italia Sparkle of North America, Inc. 188,621,003 774,795,492 40,552,174 0.583 Telefonica Larga Distancia, Inc. (TLD) 1,108,165 3,557,682 459,885 0.007 Telegration, Inc. 501,686 1,851,291 242,335 0.003 Telekenex, Inc. 84,569 493,018 137,306 0.002 Telekom Malaysia (USA), Inc. 31,535,361 93,188,336 7,749,135 0.111 Telenational Communications, Inc. 33,603,704 43,943,198 1,597,227 0.023 Telepak Networks, Inc. 6,223 41,911 3,183 0.000 Telesphere Networks, Ltd. 136,064 517,041 64,888 0.001 Telmex Telmex USA, L.L.C. 9,866,339 343,840,063 48,342,997 0.695 Telovations, Inc. 2,130 21,272 5,318 0.000 Telscape Communications, Inc. 6,866,786 77,187,162 11,688,431 0.168 Templeton Telephone Company 43 158 22 0.000 - Pure Resale Services Page 17 - Table D: 2007 Annual
- http://www.fcc.gov/mb/peer_review/prlpfm_rpt_economic_study.pdf
- to be due to a failure to control for unobserved effects that are correlated with LPFM entry. Table 23 Effect of LPFM Entry on the Revenue per Adult of Full-Service Commercial FM Stations with Particular Program Formats: Format Competition Miscellaneous Format Ethnic and Spanish Formats Religion Format Miscellaneous, Ethnic, and Religion Formats Contour Measure 0.175 (0.47) 0.085 (1.06) -0.171 (2.60)** -0.111 (1.25) Market Measure -0.003 (0.01) 0.057 (0.68) -0.100 (1.72) -0.085 (1.06) Contour/Market Measure 0.213 (0.52) 0.118 (1.18) -0.220 (2.82)** -0.125 (1.18) * -estimated regression coefficient is different from zero at the 95 percent level of confidence. ** -estimated regression coefficient is different from zero at the 99 percent level of confidence. The coefficient on the number of LPFM stations is
- http://www.fcc.gov/ownership/roundtable_docs/waldfogel-b.pdf
- 0.966 -2.368 0.467 Percent Driving 7.933 4.593 5.026 8.891 2.162 4.298 R-squared .1780 .2957 .3762 N 162 162 162 44 Table 9: Do Listeners Value Group-Targeted Programming? (Race and Hispanic Status) White Listening Black Listening Non-Hisp. Listening Hisp. Listening OLS Estimates coef s.e. coef s.e. coef s.e. coef s.e. Constant 10.687 1.214 13.686 2.337 13.908 1.533 14.376 2.759 White-Targeted Stations 0.111 0.019 0.051 0.036 Black-Targeted Stations 0.045 0.051 0.298 0.098 Non-Hisp.-Targeted Stations -0.006 0.024 -0.064 0.043 Hispanic-Targeted Stations 0.054 0.048 0.238 0.085 Northeast 1.167 0.576 1.352 1.108 2.039 0.548 1.787 1.002 North Central 1.256 0.608 -0.314 1.171 1.737 1.044 1.008 1.933 South 0.617 0.607 0.372 1.168 -0.236 0.372 0.048 0.659 Percent Driving 3.024 2.385 3.464 4.592 4.056 3.740 8.556 6.614 R-Squared